Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 1786
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BLACK.
7458S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 71.012, RSMo, and to enact in lieu thereof one new section relating to annexation
procedures for cities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 71.012, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 71.012, 2
to read as follows:3
71.012. 1. (1) Notwithstanding the provisions of 1
sections 71.015 and 71.860 to 71.920, the governing body of 2
any city, town or village may annex unincorporated areas 3
which are contiguous and compact to the existing corporate 4
limits of the city, town or village pursuant to this 5
section. 6
(2) The term "contiguous and compact" does not include 7
a situation whereby the unincorporated area proposed to be 8
annexed is contiguous to the annexing city, town or village 9
only by a railroad line, trail, pipeline or other strip of 10
real property less than one-quarter mile in width within the 11
city, town or village so that the boundaries of the city, 12
town or village after annexation would leave unincorporated 13
areas between the annexed area and the prior boundaries of 14
the city, town or village connected only by such railroad 15
line, trail, pipeline or other such strip of real property. 16
SB 1786 2
(3) The term contiguous and compact shall include a 17
situation whereby the unincorporated area proposed to be 18
annexed would be contiguous and compact to the existing 19
corporate limits of the city, town, or village but for an 20
intervening state highway or interstate highway as defined 21
in section 304.001, or railroad right-of-way, regardless of 22
whether any other city, town, or village has annexed such 23
state or interstate highway or railroad right-of-way or 24
otherwise has an easement in such state or interstate 25
highway or railroad right-of-way. 26
(4) The term contiguous and compact does not prohibit 27
voluntary annexations pursuant to this section merely 28
because such voluntary annexation would create an island of 29
unincorporated area within the city, town or village, so 30
long as the owners of the unincorporated island were also 31
given the opportunity to voluntarily annex into the city, 32
town or village. 33
(5) Notwithstanding the provisions of this section, 34
the governing body of any city, town or village in any 35
county of the third classification which borders a county of 36
the fourth classification, a county of the second 37
classification and the Mississippi River may annex areas 38
along a road or highway up to two miles from existing 39
boundaries of the city, town or village or the governing 40
body in any city, town or village in any county of the third 41
classification without a township form of government with a 42
population of at least twenty-four thousand inhabitants but 43
not more than thirty thousand inhabitants and such county 44
contains a state correctional center may voluntarily annex 45
such correctional center pursuant to the provisions of this 46
section if the correctional center is along a road or 47
SB 1786 3
highway within two miles from the existing boundaries of the 48
city, town or village. 49
(6) Notwithstanding any other provision of this 50
section to the contrary, a city with more than seventy-one 51
thousand but fewer than seventy-nine thousand inhabitants 52
that owns and operates an airport that is outside the 53
boundaries of such city may annex such airport regardless of 54
whether the boundaries of such airport are contiguous and 55
compact to the existing corporate limits of such city. 56
2. (1) When a notarized petition, requesting 57
annexation and signed by the owners of all fee interests of 58
record in all tracts of real property located within the 59
area proposed to be annexed, or a request for annexation 60
signed under the authority of the governing body of any 61
common interest community and approved by a majority vote of 62
unit owners located within the area proposed to be annexed 63
is presented to the governing body of the city, town or 64
village, the governing body shall hold a public hearing 65
concerning the matter not less than fourteen nor more than 66
sixty days after the petition is received, and the hearing 67
shall be held not less than seven days after notice of the 68
hearing is published in a newspaper of general circulation 69
qualified to publish legal matters and located within the 70
boundary of the petitioned city, town or village. If no 71
such newspaper exists within the boundary of such city, town 72
or village, then the notice shall be published in the 73
qualified newspaper nearest the petitioned city, town or 74
village. For the purposes of this subdivision, the term 75
"common-interest community" shall mean a condominium as said 76
term is used in chapter 448, or a common-interest community, 77
a cooperative, or a planned community. 78
SB 1786 4
(a) A "common-interest community" shall be defined as 79
real property with respect to which a person, by virtue of 80
such person's ownership of a unit, is obliged to pay for 81
real property taxes, insurance premiums, maintenance or 82
improvement of other real property described in a 83
declaration. "Ownership of a unit" does not include a 84
leasehold interest of less than twenty years in a unit, 85
including renewal options; 86
(b) A "cooperative" shall be defined as a common- 87
interest community in which the real property is owned by an 88
association, each of whose members is entitled by virtue of 89
such member's ownership interest in the association to 90
exclusive possession of a unit; 91
(c) A "planned community" shall be defined as a common- 92
interest community that is not a condominium or a 93
cooperative. A condominium or cooperative may be part of a 94
planned community. 95
(2) At the public hearing any interested person, 96
corporation or political subdivision may present evidence 97
regarding the proposed annexation. If, after holding the 98
hearing, the governing body of the city, town or village 99
determines that the annexation is reasonable and necessary 100
to the proper development of the city, town or village, and 101
the city, town or village has the ability to furnish normal 102
municipal services to the area to be annexed within a 103
reasonable time, it may, subject to the provisions of 104
subdivision (3) of this subsection, annex the territory by 105
ordinance without further action. 106
(3) If a written objection to the proposed annexation 107
is filed with the governing body of the city, town or 108
village not later than fourteen days after the public 109
hearing by at least five percent of the qualified voters of 110
SB 1786 5
the city, town or village, or two qualified voters of the 111
area sought to be annexed if the same contains two qualified 112
voters, the provisions of sections 71.015 and 71.860 to 113
71.920, shall be followed. 114
3. If no objection is filed, the city, town or village 115
shall extend its limits by ordinance to include such 116
territory, specifying with accuracy the new boundary lines 117
to which the city's, town's or village's limits are 118
extended. Upon duly enacting such annexation ordinance, the 119
city, town or village shall cause three certified copies of 120
the same to be filed with the county assessor and the clerk 121
of the county wherein the city, town or village is located, 122
and one certified copy to be filed with the election 123
authority, if different from the clerk of the county which 124
has jurisdiction over the area being annexed, whereupon the 125
annexation shall be complete and final and thereafter all 126
courts of this state shall take judicial notice of the 127
limits of that city, town or village as so extended. 128
4. That a petition requesting annexation is not or was 129
not verified or notarized shall not affect the validity of 130
an annexation heretofore or hereafter undertaken in 131
accordance with this section. 132
5. Any action of any kind seeking to deannex from any 133
city, town, or village any area annexed under this section, 134
or seeking in any way to reverse, invalidate, set aside, or 135
otherwise challenge such annexation or oust such city, town, 136
or village from jurisdiction over such annexed area shall be 137
brought within five years of the date of adoption of the 138
annexation ordinance. 139
✓