Establishes the "Safe Neighborhoods Act"

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3210
103RD GENERAL ASSEMBL Y
6906H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 82, RSMo, by adding thereto one new section relating to compensation for
property owners under certain circumstances.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 82, RSMo, is amended by adding thereto one new section, to be
2 known as section 82.298, to read as follows:
82.298. 1. This section shall be known and may be cited as the "Safe
2 Neighborhoods Act".
3 2. For purposes of this section, the following terms shall mean:
4 (1) "Affected city", a city to which a pr operty owner is submitting a claim
5 pr ovided under this section;
6 (2) "Fair market value", the value of the pro perty after considering comparable
7 sales in the area , capitalization of income, and repla cement cost less depr eciation,
8 singularly or in combination, as appr opriate, and additionally considering the value of
9 the pr operty based upon its highest and best use, using generally accepted appraisal
10 practices;
11 (3) "Just compensation", for purposes of an action for diminution in value, the
12 sum of money that is equal to the r eduction in fair market value of the pr operty
13 r esulting fr om the adoption of the policy , pattern, or practice or maintenance of public
14 nuisance;
15 (4) "Prop erty owner", the holder of fee title to real pro perty .
16 3. Notwithstanding any other law to the contrary , a pr operty owner or triple net
17 leaseholder located in a city with mor e than one hundred thousand inhabitants may
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 submit a claim for compensation in an amount determined under subsection 4 of this
19 section if either of the following occurs:
20 (1) The city in which the r eal prop erty is located adopts and follows a policy ,
21 pattern, or practice of declining to enforce existing laws, ordinances, or other legislation
22 pr ohibiting illegal public camping, obstructing public thorou ghfares , loitering,
2 3 panhandling, public urination or defecation, public consumption of alcoholic
2 4 beverages, possession or use of illegal substances, or shoplifting, or if the city in
25 which the real prop erty is located maintains a public nuisance and the pr operty owner
26 incurs documented expenses to mitigate the effects of such policy , pattern, practice, or
27 public nuisance on the pro perty owner's rea l pr operty; or
28 (2) The city in which the r eal prop erty is located adopts and follows a policy ,
29 pattern, or practice of declining to enforce existing laws, ordinances, or other legislation
30 pr ohibiting illegal public camping, obstructing public thorou ghfares , loitering,
3 1 panhandling, public urination or defecation, public consumption of alcoholic
3 2 beverages, possession or use of illegal substances or shoplifting, or if the city in which
33 the r eal pr operty is located maintains a public nuisance, and the fair market value of the
34 owner’ s private re al pr operty is red uced by this policy , pattern, practice, or public
35 nuisance.
36 4. The amount of compensation to which the pr operty owner is entitled shall be,
37 at the owner ’ s election, equal to:
38 (1) The documented expenses incurr ed by the pr operty owner that were
39 r easonably necessary to mitigate the effects of the policy , pattern, practice, or public
40 nuisance on the pr operty owner's r eal pr operty; or
41 (2) The redu ction in fair market value of the pr operty r esulting fr om the city’ s
42 policy , pattern, practice, or public nuisance.
43 5. The compensation allowed under this section:
44 (1) Is in lieu of any claim for monetary damages; and
45 (2) Shall not exceed the amount the pro perty owner paid for the prior tax year in
46 primary prop erty taxes for the tax year to the affected city . If the total amount of
47 compensation determined under subsection 4 of this section is mor e than the amount the
48 pr operty owner paid for the prior tax year in primary pro perty taxes to the affected city
49 for the tax year and the claim is accepted, the affected city shall pay the pr operty owner
50 an amount equal to the amount the pr operty owner paid for the prior tax year in
51 primary pr operty tax to the affected city . The prop erty owner shall submit a claim for
52 the rem aining portion of the compensation in successive tax years, as applicable.
53 6. W ithin thirty days after a prop erty owner submits a written claim for
54 compensation to the affected city in a specific amount for rei mbursement of mitigation
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55 expenses or just compensation, the affected city shall accept or rej ect the claim. If the
56 affected city:
57 (1) Accepts the claim, the affected city shall pay the amount req uested to the
58 pr operty owner; or
59 (2) Rejects the claim or does not res pond to the claim within the thirty-day
60 period, the pr operty owner may file a cause of action in the trial court of the county in
61 which the real prop erty is located to challenge the rej ection of the claim. The questions
62 of whether the pro perty owner is entitled to the compensation and whether the amount
63 of the claim is reas onable are judicial questions. In a cause of action filed under this
64 subsection:
65 (a) The city shall bear the burden of demonstrating that its actions ar e lawful or
66 that the amount of the claim is unr easonable;
67 (b) The pr operty owner shall not be liable to the city for attorney's fees or costs;
68 and
69 (c) A pr evailing prop erty owner shall be awarded reas onable attorney's fees and
70 costs.
71 7. The pro perty owner shall not be requi red to submit any claim besides that
72 pr escribed in subsection 3 of this section as a prer equisite to demanding or receivi ng
73 r eimbursement for mitigation expenses or just compensation pursuant to this section.
74 8. A pr operty owner may submit a claim under this section once per tax year .
75 9. If the policy , pattern, practice, or public nuisance rem ains in place after the
76 pr operty owner submits a claim under this section, the prope rty owner shall be entitled
77 to additional compensation under this section in a subsequent tax year , unless the
78 affected city and the pr operty owner enter into a knowing and voluntary settlement, or
79 the affected city ends the policy , pattern, or practice or abates the public nuisance.
80 10. The rem edy established by this section is in addition to any other rem edy
81 that is pr ovided by the laws and Constitution of this state or the United States and is not
82 intended to modify or rep lace any other r emedy .
83 1 1. Nothing in this section proh ibits the prop erty owner fr om entering into a
84 knowing and voluntary settlement with the releva nt city for an amount less than the
85 pr operty owner requ ested in the claim submitted under subsection 3 of this section.
86 12. This section shall not apply to:
87 (1) Decisions by city authorities to exerci se pr osecutorial discret ion not to
88 pr osecute alleged offenders if such discr etion is exer cised on a case-by-case basis and the
89 justifications for each decision are published on a monthly basis by the city;
90 (2) Acts of executive clemency; or
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91 (3) Acts or omissions mandated by federal law .
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