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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. 1604
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
6724S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 321.310 and 321.330, RSMo, and to enact in lieu thereof two new sections
relating to petitions to exclude property from a fire protection district.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 321.310 and 321.330, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 321.310 and 321.330, to read as follows:3
321.310. 1. Any owner of any real or personal 1
property contained within the boundaries of the district may 2
file with the board a petition praying that such property be 3
excluded and taken from the district. Such petition shall 4
describe the property which the petitioner desires to have 5
excluded, and must be acknowledged in the same manner and 6
form as required in case of a conveyance of land, and be 7
accompanied by a deposit of money sufficient to pay all 8
costs of the exclusion proceedings. The secretary of the 9
board shall cause a notice of filing of such petition to be 10
published in the county in which the property is located. 11
The notice shall state the filing of such petition, the name 12
of the petitioner, description of the property mentioned 13
sought to be excluded and the prayer of the petitioner; and 14
it shall notify all persons interested to appear at the 15
office of the board at the time named in the notice, showing 16
cause in writing, if any they have, why the petition should 17
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not be granted. The board at the time and place mentioned 18
in the notice, or at the time or times at which the hearing 19
of the petition may be adjourned, shall proceed to hear the 20
petition and all objections thereto presented in writing by 21
any person showing cause as aforesaid, why the prayer of the 22
petition should not be granted. The filing of such petition 23
shall be deemed and assent by the petitioner to the 24
exclusion from the district of the property mentioned in the 25
petition, or any part thereof. 26
2. Owners of individual parcels within a residential 27
subdivision contained within the boundaries of the district 28
may file with the board a petition praying that all real 29
property within the subdivision be excluded and taken from 30
the district. The petition shall: 31
(1) Be signed by every owner of a parcel within the 32
subdivision sought to be excluded, such signatures shall be 33
affixed before a person who shall certify, by affidavit 34
acknowledged before a notary public, that the signatures 35
were affixed in his or her presence; 36
(2) Describe the property that the petitioners desire 37
to have excluded, which description can be the name of the 38
residential subdivision and the plat book and page where 39
recorded; 40
(3) Include a statement from any rural, volunteer, or 41
subscription fire department or organization, volunteer fire 42
protection association, or municipality that such entity or 43
municipality will provide fire protection services to the 44
subdivision either directly or by contract with another fire 45
protection entity upon an order by the court excluding the 46
subdivision from the district issued under this section; and 47
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(4) Be accompanied by a deposit of moneys sufficient 48
to pay all costs of the exclusion proceedings, which shall 49
be consolidated to the extent feasible. 50
The secretary of the board shall cause a notice of filing of 51
such petition to be published in the county in which the 52
subdivision is located. The notice shall state the filing 53
of such petition, the names of the petitioners, a 54
description of the property, the name of the fire 55
department, organization, or association that will provide 56
fire protection services if the petition is approved, and 57
the prayer of the petitioners. The secretary shall notify 58
all persons interested, including anyone who owns property 59
within the subdivision, to appear at the office of the board 60
at the time named in the notice, showing cause in writing, 61
if any they have, why the petition should not be granted. 62
The board at the time and place mentioned in the notice, or 63
at the time or times at which the hearing of the petition 64
may be adjourned, shall proceed to hear the petition and all 65
objections thereto presented in writing by any person 66
showing cause as aforesaid why the prayer of the petition 67
should not be granted. The filing of such petition shall be 68
deemed to be assent by the petitioners to the exclusion from 69
the district of the property mentioned in the petition. 70
3. The board, if it deems it not for the best 71
interests of the district that the property mentioned in the 72
petition, or any portion thereof, shall be excluded from the 73
district, shall order that the petition be denied; but if it 74
determines that the property mentioned in the petition, or 75
any portion thereof, cannot as a practical matter be served 76
by the district or if it deems it for the best interest of 77
the district that the property mentioned in the petition, or 78
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some portion thereof, be excluded from the district, then 79
the board may order the property mentioned in the petition, 80
or some portion thereof, excluded from the district. Upon 81
allowance of such petition, the board shall file a certified 82
copy of the order of the board making such change with the 83
circuit clerk. Upon order of the court, the property shall 84
be excluded from the district, and a copy of the order of 85
the board and the order of the court shall be filed with the 86
county clerk in each county in which the district lies. The 87
circuit court having jurisdiction over the district shall 88
make any such order excluding property from the district as 89
provided in the order of the board, unless the court shall 90
find that such order of the board was not authorized by law, 91
or that such order of the board was not supported by 92
competent and substantial evidence. Any person aggrieved by 93
any decision of the board made pursuant to the provisions of 94
this section may appeal that decision to the circuit court 95
within thirty days of the decision for a trial de novo. 96
321.330. 1. All real property included within, or 1
excluded from, a district shall thereafter be subject to the 2
levy of taxes for the payment of any indebtedness of the 3
district outstanding at the time of inclusion or exclusion[; 4
provided, however, that]. 5
2. After any real property [shall have] has been 6
excluded from a district, as herein provided, any buildings 7
and improvements thereafter erected or constructed on said 8
excluded real property, and all machinery and equipment 9
thereafter installed or placed therein or thereon, and all 10
tangible personal property not in said district at the time 11
of the exclusion of said real property from said district 12
which shall thereafter be situate on or used in connection 13
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with said real property, shall not be subject to any taxes 14
levied by said district. 15
3. Any real property excluded from a district under 16
subsection 2 of section 321.310 shall not be subject to the 17
provisions of subsection 1 of this section. 18
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