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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1342
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5519S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 71.012 and 71.015, RSMo, and to enact in lieu thereof two new sections relating
to annexation by certain cities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 71.012 and 71.015, RSMo, are repealed 1
and two new sections enacted in lieu thereof, to be known as 2
sections 71.012 and 71.015, to read as follows:3
71.012. 1. Notwithstanding the provisions of sections 1
71.015 and 71.860 to 71.920, the governing body of any city, 2
town or village may annex unincorporated areas which are 3
contiguous and compact to the existing corporate limits of 4
the city, town or village pursuant to this section. The 5
term "contiguous and compact" does not include a situation 6
whereby the unincorporated area proposed to be annexed is 7
contiguous to the annexing city, town or village only by a 8
railroad line, trail, pipeline or other strip of real 9
property less than one-quarter mile in width within the 10
city, town or village so that the boundaries of the city, 11
town or village after annexation would leave unincorporated 12
areas between the annexed area and the prior boundaries of 13
the city, town or village connected only by such railroad 14
line, trail, pipeline or other such strip of real property. 15
The term contiguous and compact shall include a situation 16
whereby the unincorporated area proposed to be annexed would 17
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be contiguous and compact to the existing corporate limits 18
of the city, town, or village but for an intervening state 19
highway or interstate highway as defined in section 304.001, 20
or railroad right-of-way, regardless of whether any other 21
city, town, or village has annexed such state or interstate 22
highway or railroad right-of-way or otherwise has an 23
easement in such state or interstate highway or railroad 24
right-of-way. The term contiguous and compact does not 25
prohibit voluntary annexations pursuant to this section 26
merely because such voluntary annexation would create an 27
island of unincorporated area within the city, town or 28
village, so long as the owners of the unincorporated island 29
were also given the opportunity to voluntarily annex into 30
the city, town or village. The term contiguous and compact 31
shall include a situation whereby the unincorporated area 32
proposed to be annexed is contiguous to the annexing city, 33
town, or village by at least twenty-five percent of the 34
length of the perimeter of the area proposed for 35
annexation. No city, town, or village shall annex an 36
unincorporated area contiguous to any unincorporated area 37
annexed by the city, town, or village within the last twenty- 38
four months. Notwithstanding the provisions of this 39
section, the governing body of any city, town or village in 40
any county of the third classification which borders a 41
county of the fourth classification, a county of the second 42
classification and the Mississippi River may annex areas 43
along a road or highway up to two miles from existing 44
boundaries of the city, town or village or the governing 45
body in any city, town or village in any county of the third 46
classification without a township form of government with a 47
population of at least twenty-four thousand inhabitants but 48
not more than thirty thousand inhabitants and such county 49
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contains a state correctional center may voluntarily annex 50
such correctional center pursuant to the provisions of this 51
section if the correctional center is along a road or 52
highway within two miles from the existing boundaries of the 53
city, town or village. 54
2. (1) When a notarized petition, requesting 55
annexation and signed by the owners of all fee interests of 56
record in all tracts of real property located within the 57
area proposed to be annexed, or a request for annexation 58
signed under the authority of the governing body of any 59
common interest community and approved by a majority vote of 60
unit owners located within the area proposed to be annexed 61
is presented to the governing body of the city, town or 62
village, the governing body shall hold a public hearing 63
concerning the matter not less than fourteen nor more than 64
sixty days after the petition is received, and the hearing 65
shall be held not less than seven days after notice of the 66
hearing is published in a newspaper of general circulation 67
qualified to publish legal matters and located within the 68
boundary of the petitioned city, town or village. If no 69
such newspaper exists within the boundary of such city, town 70
or village, then the notice shall be published in the 71
qualified newspaper nearest the petitioned city, town or 72
village. For the purposes of this subdivision, the term 73
"common-interest community" shall mean a condominium as said 74
term is used in chapter 448, or a common-interest community, 75
a cooperative, or a planned community. 76
(a) A "common-interest community" shall be defined as 77
real property with respect to which a person, by virtue of 78
such person's ownership of a unit, is obliged to pay for 79
real property taxes, insurance premiums, maintenance or 80
improvement of other real property described in a 81
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declaration. "Ownership of a unit" does not include a 82
leasehold interest of less than twenty years in a unit, 83
including renewal options; 84
(b) A "cooperative" shall be defined as a common- 85
interest community in which the real property is owned by an 86
association, each of whose members is entitled by virtue of 87
such member's ownership interest in the association to 88
exclusive possession of a unit; 89
(c) A "planned community" shall be defined as a common- 90
interest community that is not a condominium or a 91
cooperative. A condominium or cooperative may be part of a 92
planned community. 93
(2) At the public hearing any interested person, 94
corporation or political subdivision may present evidence 95
regarding the proposed annexation. If, after holding the 96
hearing, the governing body of the city, town or village 97
determines that the annexation is reasonable and necessary 98
to the proper development of the city, town or village, and 99
the city, town or village has the ability to furnish normal 100
municipal services to the area to be annexed within a 101
reasonable time, it may, subject to the provisions of 102
subdivision (3) of this subsection, annex the territory by 103
ordinance without further action. 104
(3) If a written objection to the proposed annexation 105
is filed with the governing body of the city, town or 106
village not later than fourteen days after the public 107
hearing by at least five percent of the qualified voters of 108
the city, town or village, or two qualified voters of the 109
area sought to be annexed if the same contains two qualified 110
voters, the provisions of sections 71.015 and 71.860 to 111
71.920, shall be followed. 112
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3. If no objection is filed, the city, town or village 113
shall extend its limits by ordinance to include such 114
territory, specifying with accuracy the new boundary lines 115
to which the city's, town's or village's limits are 116
extended. Upon duly enacting such annexation ordinance, the 117
city, town or village shall cause three certified copies of 118
the same to be filed with the county assessor and the clerk 119
of the county wherein the city, town or village is located, 120
and one certified copy to be filed with the election 121
authority, if different from the clerk of the county which 122
has jurisdiction over the area being annexed, whereupon the 123
annexation shall be complete and final and thereafter all 124
courts of this state shall take judicial notice of the 125
limits of that city, town or village as so extended. 126
4. That a petition requesting annexation is not or was 127
not verified or notarized shall not affect the validity of 128
an annexation heretofore or hereafter undertaken in 129
accordance with this section. 130
5. Any action of any kind seeking to deannex from any 131
city, town, or village any area annexed under this section, 132
or seeking in any way to reverse, invalidate, set aside, or 133
otherwise challenge such annexation or oust such city, town, 134
or village from jurisdiction over such annexed area shall be 135
brought within five years of the date of adoption of the 136
annexation ordinance. 137
6. Notwithstanding any other provision of law to the 138
contrary, any city, town, or village which annexes an 139
unincorporated area pursuant to this section shall provide 140
all municipal services to the annexed area. 141
71.015. 1. Should any city, town, or village, not 1
located in any county of the first classification which has 2
adopted a constitutional charter for its own local 3
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government, seek to annex an area to which objection is 4
made, the following shall be satisfied: 5
(1) Before the governing body of any city, town, or 6
village has adopted a resolution to annex any unincorporated 7
area of land, such city, town, or village shall first as a 8
condition precedent determine that: 9
(a) The land to be annexed is contiguous to the 10
existing city, town, or village limits and that the length 11
of the contiguous boundary common to the existing city, 12
town, or village limit and the proposed area to be annexed 13
is at least fifteen percent of the length of the perimeter 14
of the area proposed for annexation; or 15
(b) The land to be annexed would be contiguous and 16
compact to the existing city, town, or village limits but 17
for an intervening state highway or interstate highway as 18
defined in section 304.001, or railroad right-of-way, and 19
the shared border of the land to be annexed and existing 20
city, town, or village composes at least fifteen percent of 21
the total perimeter of the land to be annexed. For purposes 22
of calculating the length of such border under this 23
paragraph, the border between the land to be annexed and the 24
existing city, town, or village shall be deemed to be: 25
a. If an intervening state highway or interstate 26
highway, the centerline; or 27
b. If a railroad right-of-way, the midpoint between 28
the outermost rails if there are rails or the best estimate 29
of the middle of the right-of-way if there are no rails; 30
(2) The governing body of any city, town, or village 31
shall propose an ordinance setting forth the following: 32
(a) The area to be annexed and affirmatively stating 33
that the boundaries comply with the condition precedent 34
referred to in subdivision (1) above; 35
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(b) That such annexation is reasonable and necessary 36
to the proper development of the city, town, or village; 37
(c) That the city has developed a plan of intent to 38
provide services to the area proposed for annexation; 39
(d) That a public hearing shall be held prior to the 40
adoption of the ordinance; 41
(e) When the annexation is proposed to be effective, 42
the effective date being up to thirty-six months from the 43
date of any election held in conjunction thereto; 44
(3) The city, town, or village shall fix a date for a 45
public hearing on the ordinance and make a good faith effort 46
to notify all fee owners of record within the area proposed 47
to be annexed by certified mail, not less than thirty nor 48
more than sixty days before the hearing, and notify all 49
residents of the area by publication of notice in a 50
newspaper of general circulation qualified to publish legal 51
matters in the county or counties where the proposed area is 52
located, at least once a week for three consecutive weeks 53
prior to the hearing, with at least one such notice being 54
not more than twenty days and not less than ten days before 55
the hearing; 56
(4) At the hearing referred to in subdivision (3) of 57
this subsection, the city, town, or village shall present 58
the plan of intent and evidence in support thereof to 59
include: 60
(a) A list of major services presently provided by the 61
city, town, or village including, but not limited to, police 62
and fire protection, water and sewer systems, street 63
maintenance, parks and recreation, and refuse collection; 64
(b) A proposed time schedule whereby the city, town, 65
or village plans to provide such services to the residents 66
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of the proposed area to be annexed within three years from 67
the date the annexation is to become effective; 68
(c) The level at which the city, town, or village 69
assesses property and the rate at which it taxes that 70
property; 71
(d) How the city, town, or village proposes to zone 72
the area to be annexed; 73
(e) When the proposed annexation shall become 74
effective; 75
(5) Following the hearing, and either before or after 76
the election held in subdivision (6) of this subsection, 77
should the governing body of the city, town, or village vote 78
favorably by ordinance to annex the area, the governing body 79
of the city, town or village shall file an action in the 80
circuit court of the county in which such unincorporated 81
area is situated, under the provisions of chapter 527, 82
praying for a declaratory judgment authorizing such 83
annexation. The petition in such action shall state facts 84
showing: 85
(a) The area to be annexed and its conformity with the 86
condition precedent referred to in subdivision (1) of this 87
subsection; 88
(b) That such annexation is reasonable and necessary 89
to the proper development of the city, town, or village; and 90
(c) The ability of the city, town, or village to 91
furnish normal municipal services of the city, town, or 92
village to the unincorporated area within a reasonable time 93
not to exceed three years after the annexation is to become 94
effective. Such action shall be a class action against the 95
inhabitants of such unincorporated area under the provisions 96
of section 507.070; 97
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(6) Except as provided in subsection 3 of this 98
section, if the court authorizes the city, town, or village 99
to make an annexation, the legislative body of such city, 100
town, or village shall not have the power to extend the 101
limits of the city, town, or village by such annexation 102
until an election is held at which the proposition for 103
annexation is approved by a majority of the total votes cast 104
in the city, town, or village and by a separate majority of 105
the total votes cast in the unincorporated territory sought 106
to be annexed. However, should less than a majority of the 107
total votes cast in the area proposed to be annexed vote in 108
favor of the proposal, but at least a majority of the total 109
votes cast in the city, town, or village vote in favor of 110
the proposal, then the proposal shall again be voted upon in 111
not more than one hundred twenty days by both the registered 112
voters of the city, town, or village and the registered 113
voters of the area proposed to be annexed. If at least two- 114
thirds of the qualified electors voting thereon are in favor 115
of the annexation, then the city, town, or village may 116
proceed to annex the territory. If the proposal fails to 117
receive the necessary majority, no part of the area sought 118
to be annexed may be the subject of another proposal to 119
annex for a period of two years from the date of the 120
election, except that, during the two-year period, the 121
owners of all fee interests of record in the area or any 122
portion of the area may petition the city, town, or village 123
for the annexation of the land owned by them pursuant to the 124
procedures in section 71.012. The elections shall if 125
authorized be held, except as herein otherwise provided, in 126
accordance with the general state law governing special 127
elections, and the entire cost of the election or elections 128
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shall be paid by the city, town, or village proposing to 129
annex the territory; 130
(7) Failure to comply in providing services to the 131
said area or to zone in compliance with the plan of intent 132
within three years after the effective date of the 133
annexation, unless compliance is made unreasonable by an act 134
of God, shall give rise to a cause of action for 135
deannexation which may be filed in the circuit court by any 136
resident of the area who was residing in the area at the 137
time the annexation became effective; 138
(8) No city, town, or village which has filed an 139
action under this section as this section read prior to May 140
13, 1980, which action is part of an annexation proceeding 141
pending on May 13, 1980, shall be required to comply with 142
subdivision (5) of this subsection in regard to such 143
annexation proceeding; 144
(9) If the area proposed for annexation includes a 145
public road or highway but does not include all of the land 146
adjoining such road or highway, then such fee owners of 147
record, of the lands adjoining said highway shall be 148
permitted to intervene in the declaratory judgment action 149
described in subdivision (5) of this subsection. 150
2. Notwithstanding any provision of subsection 1 of 151
this section, for any annexation by any city with a 152
population of three hundred fifty thousand or more 153
inhabitants which is located in more than one county that 154
becomes effective after August 28, 1994, if such city has 155
not provided water and sewer service to such annexed area 156
within three years of the effective date of the annexation, 157
a cause of action shall lie for deannexation, unless the 158
failure to provide such water and sewer service to the 159
annexed area is made unreasonable by an act of God. The 160
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cause of action for deannexation may be filed in the circuit 161
court by any resident of the annexed area who is presently 162
residing in the area at the time of the filing of the suit 163
and was a resident of the annexed area at the time the 164
annexation became effective. If the suit for deannexation 165
is successful, the city shall be liable for all court costs 166
and attorney fees. 167
3. Notwithstanding the provisions of subdivision (6) 168
of subsection 1 of this section, all cities, towns, and 169
villages located in any county of the first classification 170
with a charter form of government with a population of more 171
than two hundred thousand [or more inhabitants] but fewer 172
than two hundred thirty thousand inhabitants which adjoins a 173
county with a population of nine hundred thousand or more 174
inhabitants shall comply with the provisions of this 175
subsection. If the court authorizes any city, town, or 176
village subject to this subsection to make an annexation, 177
the legislative body of such city, town or village shall not 178
have the power to extend the limits of such city, town, or 179
village by such annexation until an election is held at 180
which the proposition for annexation is approved by a 181
majority of the total votes cast in such city, town, or 182
village and by a separate majority of the total votes cast 183
in the unincorporated territory sought to be annexed; except 184
that: 185
(1) In the case of a proposed annexation in any area 186
which is contiguous to the existing city, town or village 187
and which is within an area designated as flood plain by the 188
Federal Emergency Management Agency and which is inhabited 189
by no more than thirty registered voters and for which a 190
final declaratory judgment has been granted prior to January 191
1, 1993, approving such annexation and where notarized 192
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affidavits expressing approval of the proposed annexation 193
are obtained from a majority of the registered voters 194
residing in the area to be annexed, the area may be annexed 195
by an ordinance duly enacted by the governing body and no 196
elections shall be required; and 197
(2) In the case of a proposed annexation of 198
unincorporated territory in which no qualified electors 199
reside, if at least a majority of the qualified electors 200
voting on the proposition are in favor of the annexation, 201
the city, town or village may proceed to annex the territory 202
and no subsequent election shall be required. 203
If the proposal fails to receive the necessary separate 204
majorities, no part of the area sought to be annexed may be 205
the subject of any other proposal to annex for a period of 206
two years from the date of such election, except that, 207
during the two-year period, the owners of all fee interests 208
of record in the area or any portion of the area may 209
petition the city, town, or village for the annexation of 210
the land owned by them pursuant to the procedures in section 211
71.012 or 71.014. The election shall, if authorized, be 212
held, except as otherwise provided in this section, in 213
accordance with the general state laws governing special 214
elections, and the entire cost of the election or elections 215
shall be paid by the city, town, or village proposing to 216
annex the territory. Failure of the city, town or village 217
to comply in providing services to the area or to zone in 218
compliance with the plan of intent within three years after 219
the effective date of the annexation, unless compliance is 220
made unreasonable by an act of God, shall give rise to a 221
cause of action for deannexation which may be filed in the 222
circuit court not later than four years after the effective 223
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date of the annexation by any resident of the area who was 224
residing in such area at the time the annexation became 225
effective or by any nonresident owner of real property in 226
such area. 227
4. Except for a cause of action for deannexation under 228
subdivision (2) of subsection 3 of this section, any action 229
of any kind seeking to deannex from any city, town, or 230
village any area annexed under this section, or seeking in 231
any way to reverse, invalidate, set aside, or otherwise 232
challenge such annexation or oust such city, town, or 233
village from jurisdiction over such annexed area shall be 234
brought within five years of the date of the adoption of the 235
annexation ordinance. 236
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