Effective - 28 Aug 1996
172.273. Research, development and office park projects established, when — procedure — curators' powers — real property exempt from zoning, ordinances and property tax — permits, licenses and certificates may be issued, when, application of sovereign and official immunity and public duty doctrines. — 1. The curators of the University of Missouri may establish research, development and office park projects, in order to promote cooperative relationships and to provide for shared resources between private individuals, companies and corporations, and the University of Missouri, for the advancement of the university in carrying out its educational mission and such projects are declared to be in furtherance of the purposes of the university.
2. The curators may, in connection with such projects, enter into written, mutually binding leases or agreements with individuals, businesses, corporations, and professional firms participating in the project for the purpose of expanding business and professional opportunities for students, faculty and graduates of the university and of the area it serves, and for making available to the university the resources and expertise of the business and professional entities participating in the project.
3. The curators may purchase necessary land and may purchase and construct or arrange for or permit the construction of any necessary facilities for such projects, may utilize the power of eminent domain, and may in any other manner acquire and accept in the name of the curators of the University of Missouri suitable land and facilities for such projects, and may enter into business arrangements, including long-term leases, for the development thereof. The curators may also acquire options upon lands to be purchased. Lands and improvements utilized as a part of such projects, so long as they remain a part of a project, shall not be subject to local zoning or local regulatory ordinances; provided that if the project is located within a city or county, the university is required to consult with the city or county, prior to board of curators' approval of the master development plan or substantial amendments thereto. The city or county plan commission may hold and complete a public hearing on such plan within forty-five days of submission to the city or county and the city or county within fifteen days thereafter may issue its advisory recommendations to the curators. The curators may in their sole discretion require that project development conform to the planning, transportation, environmental, health and safety requirements of such city or county. Interests in property included in such projects may be conveyed as needed, without passage of a concurrent resolution as provided by the provisions of section 172.020. The utilization of the real property, as provided in subsection 1 of this section, is hereby deemed to be a public purpose and in furtherance of the purposes of the university. Provided such land is owned by the university, no leasehold or other interest therein, by whomsoever held, shall be separately assessed or taxed, and such real property as a whole shall be deemed the property of the curators of the University of Missouri and be exempt from all forms of property tax.
4. For the purpose of developing and operating the project, the curators may enter into cooperative agreements, including leases, in the same manner and to the same extent that political subdivisions are authorized to enter into such agreements by the provisions of section 70.220.
5. Whenever the curators' acquisition of land for such a research, development and office park project will result in displacement, relocation assistance and monetary benefits identical to those provided by subchapter II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 et seq., and its implementing regulations shall be afforded to each displaced occupant or entity.
6. Notwithstanding the exemption of the curators of the University of Missouri from municipal regulation and the provisions of subsection 3 of this section, any entity acting pursuant to a lease or cooperative agreement with the curators may request that permits, licenses and certificates be issued by a city or county where a project is to be located in order to aid in the construction, operation and financing of such project. Such permits, licenses and certificates may be issued by the city or county after review and approval of plans submitted by an architect or engineer licensed to practice in the state of Missouri. Any entity may also request that inspections be conducted by such city or county if such activities are normally performed by the city or county in the enforcement of its building code.
7. Such doctrines of sovereign and official immunity and the public duty doctrines as now exist for the issuance of permits, licenses, certificates and performance of inspections shall apply to any city, county or official or employee thereof issuing permits, licenses, and certificates or performing inspections pursuant thereto with respect to any claim brought for damages as a result of the wrongful or negligent issuance of such permit, license or certificate or the performance of inspections.
8. The exemption from assessment and taxation provided by subsection 3 of this section for leaseholds in property owned by the university in a research park project shall not be available for leases entered into from and after August 28, 1996. Notwithstanding the foregoing and any provision of this section to the contrary, all leaseholds in property in such parks leased by the university to tenants for research, development, office or any other nonrecreational use prior to August 28, 1996, including leaseholds created after August 28, 1996, under options or similar rights which were granted prior to January 1, 1996, shall be exempt from assessment and taxation for the term of such lease, provided that leaseholds in property used for recreational purposes shall be subject to assessment and taxation as determined by the assessor of the local political subdivision, and all lands and improvements in such parks, by whomsoever owned.
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(L. 1986 S.B. 657 § 1, A.L. 1988 H.B. 1456 merged with S.B. 820, A.L. 1996 H.B. 1237)
(1997) St. Charles County Board of Equalization must presume that statute is constitutional and determine the exemption issue accordingly. Missouri Bluffs Golf Joint Venture v. St. Charles County Board of Equalization, 934 S.W.2d 752 (Mo.App. E.D.).
(2000) Exemption from property tax of leasehold interests in research, development and office park projects leased by University of Missouri violates Article X, Section 6 of the Missouri Constitution. St. Charles County v. Curators of the University of Missouri, 25 S.W.3d 159 (Mo.banc).
(2003) Property formerly exempted by section declared unconstitutional were omitted properties under section 138.380 and could also be assessed for taxes for the year in which the decision declaring the section unconstitutional was issued. Nike IHM, Inc. v. Zimmerman, 122 S.W.3d 615 (Mo.App.E.D.).
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 172 - State University — University of Missouri
Section 172.010 - University established — how governed.
Section 172.030 - Curators, number of — how appointed.
Section 172.037 - Confidentiality — recusal — meeting closed to certain members, when.
Section 172.040 - Curators, term — compensation.
Section 172.050 - Vacancies, how filled.
Section 172.060 - Term of appointee to fill vacancy.
Section 172.070 - Attendance policy — vacancies by removal or other cause.
Section 172.080 - Oath of curators.
Section 172.090 - Officers of the board.
Section 172.100 - Board to prescribe own government.
Section 172.110 - Regular meetings of board.
Section 172.120 - Special meetings.
Section 172.130 - Adjourned meetings.
Section 172.150 - Who shall preside.
Section 172.160 - Duties of secretary.
Section 172.170 - Journal to be kept.
Section 172.180 - Records open to public.
Section 172.190 - Duty of treasurer — compensation.
Section 172.200 - Treasurer's bond.
Section 172.210 - Report to legislature.
Section 172.220 - Curators to report annually.
Section 172.250 - Curators to appropriate for annual expenses.
Section 172.260 - Curators to improve and protect property.
Section 172.270 - Property to be inventoried and appraised.
Section 172.290 - Grants not to be diverted — reasonable portion may be used for administration.
Section 172.310 - Relatives of curators not to be employed.
Section 172.330 - Salaries to be paid monthly.
Section 172.340 - Salaries, when suspended.
Section 172.350 - University police officers — appointment — employment.
Section 172.355 - University police officers — oath — certificate — powers — training.
Section 172.360 - Students admissible — tuition and fees.
Section 172.370 - Students' right to present petitions.
Section 172.380 - President of board to make deed.
Section 172.390 - Board may sell land — president of board to execute deed.
Section 172.400 - Certain moneys to be paid to university treasurer.
Section 172.410 - To be invested, how.
Section 172.420 - Income to be invested — loaned to students.
Section 172.430 - College of agriculture and school of mines established.
Section 172.440 - Objects of these colleges.
Section 172.460 - Right to confer degrees.
Section 172.470 - Rights of students — military training endowment.
Section 172.480 - Chair of dairy husbandry established.
Section 172.490 - Duties of professor of dairy husbandry.
Section 172.493 - Delta Research Center to be established, functions — acquisitions of land.
Section 172.500 - Course of study, University of Missouri-Rolla campus.
Section 172.560 - Missouri state military school.
Section 172.570 - Corps of cadets, how constituted.
Section 172.580 - Organization of cadets.
Section 172.590 - Government — officers.
Section 172.600 - Cadets responsible for property — to constitute guard.
Section 172.610 - Seminary fund created.
Section 172.612 - Cancellation of old certificates.
Section 172.630 - Board of curators to invest funds in certain bonds.
Section 172.640 - Purchase of bonds — approval and payment — securities deposited with treasurer.
Section 172.650 - Certificates to remain unconvertible — renewal certificates issued, when.
Section 172.651 - Proceeds of matured bonds to be reinvested.
Section 172.660 - State treasurer to be custodian of fund — accounts — report to general assembly.
Section 172.661 - Curators to keep account with treasurer — suits to recover money due.
Section 172.680 - Treasurer to stamp bonds — collect interest — seminary moneys fund created.
Section 172.720 - Disposition of income.
Section 172.730 - Disposition of funds collected under provisions of Morrill bill.
Section 172.743 - General traffic laws to apply to roads on university property.
Section 172.750 - Application of sections 172.743 to 172.749 limited to moving violations.
Section 172.775 - School of optometry authorized, agreements, conditions, costs, how paid.
Section 172.790 - Definitions.
Section 172.794 - Selection of award recipients, requirements.
Section 172.796 - Advisory board, members, terms.
Section 172.798 - Rulemaking authority, board of curators.
Section 172.800 - Definitions.
Section 172.803 - Award of funds, requirements.
Section 172.807 - Administration, duty of board — authority to promulgate necessary rules.
Section 172.810 - State cancer center, may be transferred to University of Missouri, how.
Section 172.817 - Disciplinary procedures, employees, university employment practices to apply.
Section 172.820 - Appropriations by general assembly, purpose.
Section 172.825 - Cancer center fund, institutional gift trust fund, transfer to university, when.
Section 172.830 - Patient discrimination prohibited — payment for services — nonresident treatment.