Effective - 28 Aug 2008
238.210. Hearing, how conducted — opposition to district, how filed — appeals, how. — 1. Within thirty days after the petition is filed, the circuit court clerk shall serve a copy of the petition on the respondents who shall have thirty days after receipt of service to file an answer stating agreement with or opposition to the creation of the district. If any respondent files its answer opposing the creation of the district, it shall recite legal reasons why the petition is defective, why the proposed district is illegal or unconstitutional, or why the proposed method for funding the district is illegal or unconstitutional. The respondent shall ask the court for a declaratory judgment respecting these issues. The answer of each respondent shall be served on each petitioner and every other respondent named in the petition. Any resident, taxpayer, any other entity, or any local transportation authority within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a declaratory judgment respecting these same issues within thirty days after the date notice is last published by the circuit clerk.
2. The court shall hear the case without a jury. If the court shall thereafter determine the petition is defective or the proposed district is illegal or unconstitutional, or shall be an undue burden on any owner of property within the district or is unjust and unreasonable, it shall enter its declaratory judgment to that effect and shall refuse to make the certifications requested in the pleadings. If the court determines that any proposed funding method is illegal or unconstitutional, it shall enter its judgment striking that funding method in whole or part. If the court determines the petition is not legally defective and the proposed district and method of funding are neither illegal nor unconstitutional, the court shall enter its judgment to that effect. If the petition was filed by registered voters or by a governing body, the court shall then certify the questions regarding district creation, project development, and proposed funding for voter approval. If the petition was filed by a governing body, or by no less than fifty registered voters of two or more counties, pursuant to subsection 5 of section 238.207, the court shall then certify the single question regarding district creation, project development, and proposed funding for voter approval. If the petition was filed by the owners of record of all of the real property located within the proposed district, the court shall declare the district organized and certify the funding methods stated in the petition for qualified voter approval; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230. In either case, if no objections to the petition are timely filed, the court may make such certifications based upon the pleadings before it without any hearing.
3. Any party having filed an answer or petition may appeal the circuit court's order or declaratory judgment in the same manner provided for other appeals. The circuit court shall have continuing jurisdiction to enter such orders as are required for the administration of the district after its formation.
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(L. 1990 S.B. 479 & 649 § 39, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668, A.L. 2008 S.B. 930 & 947)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 238 - Transportation Districts and Transportation Corporations, Special Projects
Section 238.010 - Compact between Missouri and Kansas — powers and duties of authority.
Section 238.020 - Compact, when binding, where filed.
Section 238.030 - Authority may apply for approval of Congress.
Section 238.040 - Tax status of property and securities of authority.
Section 238.050 - Securities of authority recognized as lawful investments.
Section 238.060 - Commissioners, appointment, terms.
Section 238.070 - Qualifications of commissioners.
Section 238.080 - Compensation and expenses of commissioners.
Section 238.090 - Powers and duties of commissioners.
Section 238.100 - Additional powers and duties of commissioners.
Section 238.200 - Citation of law.
Section 238.202 - Definitions.
Section 238.205 - Purpose of district — district to be political subdivision.
Section 238.210 - Hearing, how conducted — opposition to district, how filed — appeals, how.
Section 238.212 - Notice to public, how.
Section 238.215 - Election, when — ballot, form of — results.
Section 238.217 - Costs of petition process, how paid.
Section 238.220 - Directors, election of, how, qualifications — advisors, appointed when, duties.
Section 238.227 - Funding mechanisms authorized — deposits with commission or authority, purpose.
Section 238.232 - Property tax, vote required — election, ballot form — collection of tax.
Section 238.233 - Collection of revenues.
Section 238.237 - Toll roads, allowed when — election, ballot form.
Section 238.240 - Indebtedness, authorized — bonds, authority to issue — limitations.
Section 238.245 - Property, district may purchase and control access.
Section 238.250 - Contractual powers.
Section 238.252 - Powers — generally.
Section 238.255 - Insurance, district may obtain — purposes — self-insurance not allowed, exception.
Section 238.257 - Projects, number of, changes — procedures, election required, ballot form.
Section 238.260 - Commission and authority may provide assistance, how.
Section 238.262 - Rules, commission may adopt.
Section 238.265 - Conveyance of property to district, how.
Section 238.267 - Projects, regulation of — treatment as part of state or local system, when.
Section 238.270 - Local transportation authority not to control project improvements, exception.
Section 238.272 - Audit authorized, when — costs, payment of.
Section 238.280 - Posting of increase in sales tax, when.
Section 238.300 - Citation of law.
Section 238.302 - Definitions.
Section 238.305 - Purpose of law.
Section 238.307 - Corporation, creation of, purpose — organization, nonprofit — tax-exempt status.
Section 238.312 - Articles of incorporation, contents, amendment — filing.
Section 238.317 - Bylaws, adoption and approval.
Section 238.320 - Project plans, commission approval of.
Section 238.322 - Funding mechanisms, allowable — deposits with commission, purpose.
Section 238.327 - Indebtedness authorized — bonds, may be issued.
Section 238.332 - Property, corporation may purchase and control access.
Section 238.337 - Contractual powers.
Section 238.340 - Powers — generally.
Section 238.342 - Indemnification of directors, employees.
Section 238.345 - Commission may provide assistance, how.
Section 238.347 - Rules, commission may adopt.
Section 238.350 - Projects, regulation of — treatment as part of highway system, when.
Section 238.355 - Dissolution by commission, procedures, limitations.
Section 238.357 - Dissolution by board, procedures.
Section 238.402 - County first class transit authority — powers, generally.
Section 238.406 - Instruments issued by transit authority to be recognized as securities.
Section 238.408 - Property held by transit authority — status for purposes of taxation.
Section 238.412 - Certain public officials prohibited from award of government funds.