Effective - 28 Aug 1990
321.310. Exclusion of property from district on petition of property owners. — 1. Any owner of any real or personal property contained within the boundaries of the district may file with the board a petition praying that such property be excluded and taken from the district. Such petition shall describe the property which the petitioner desires to have excluded, and must be acknowledged in the same manner and form as required in case of a conveyance of land, and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which the property is located. The notice shall state the filing of such petition, the name of the petitioner, description of the property mentioned sought to be excluded and the prayer of the petitioner; and it shall notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and assent by the petitioner to the exclusion from the district of the property mentioned in the petition, or any part thereof.
2. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or any portion thereof, shall be excluded from the district, shall order that the petition be denied; but if it determines that the property mentioned in the petition, or any portion thereof, cannot as a practical matter be served by the district or if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition, or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the circuit clerk. Upon order of the court, the property shall be excluded from the district, and a copy of the order of the board and the order of the court shall be filed with the county clerk in each county in which the district lies. The circuit court having jurisdiction over the district shall make any such order excluding property from the district as provided in the order of the board, unless the court shall find that such order of the board was not authorized by law, or that such order of the board was not supported by competent and substantial evidence. Any person aggrieved by any decision of the board made pursuant to the provisions of this section may appeal that decision to the circuit court within thirty days of the decision for a trial de novo.
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(L. 1947 V. I p. 432 § 32, A.L. 1975 H.B. 332, A.L. 1978 S.B. 628, A.L. 1990 S.B. 862)
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 321 - Fire Protection Districts
Section 321.010 - Definitions — election procedure.
Section 321.020 - Circuit court may establish districts.
Section 321.030 - Petition required for organization of fire district — who to sign.
Section 321.040 - Contents of petition.
Section 321.050 - Amendment of petition — similar petitions or duplicates.
Section 321.070 - Publication of notice of hearing — fixing time and place.
Section 321.080 - Jurisdiction of proceedings — judge owning property not disqualified.
Section 321.090 - Protesting petition may be filed — who to sign — contents.
Section 321.100 - Hearing — adjudication — corporate powers.
Section 321.110 - Dismissal of proceedings — costs — review.
Section 321.130 - Directors, qualifications — candidate filing fee, oath.
Section 321.150 - Filing of copies of findings and decrees incorporating district.
Section 321.160 - Board members to file oaths of office — surety bonds.
Section 321.162 - Educational training required for board of directors.
Section 321.170 - Board to select officers — seal — records.
Section 321.180 - Treasurer's duties — file bond — make annual financial statement.
Section 321.210 - Election and terms of directors — filing fee.
Section 321.220 - Powers of board — employee benefits plan.
Section 321.221 - Municipality purchasing fire protection, annual payments, how computed.
Section 321.230 - Power to levy and collect ad valorem taxes.
Section 321.240 - Tax levy, election, when — form of ballot.
Section 321.241 - Additional tax levy, when — form of ballot.
Section 321.244 - Reduced tax levy may be increased to maximum limits, by elections, ballot form.
Section 321.245 - Personnel and equipment required for dispatching center.
Section 321.250 - Board to certify rate of levy to county commission.
Section 321.260 - Matters considered when certifying annual levies — additional levies.
Section 321.270 - Duty to levy and collect taxes — delinquent taxes constitute a lien.
Section 321.280 - Property may be sold for nonpayment of taxes.
Section 321.290 - Reserve fund, taxes for.
Section 321.302 - Recording of boundary extension, duties — fees.
Section 321.310 - Exclusion of property from district on petition of property owners.
Section 321.320 - Property in city of 40,000 inhabitants not wholly within district, to be excluded.
Section 321.330 - Property not to be subject to taxes, when.
Section 321.340 - Bonds of district.
Section 321.350 - Election to vote on issuing bonds or creating indebtedness.
Section 321.360 - Form of ballot.
Section 321.370 - Results of election to be announced.
Section 321.380 - Percentage necessary to create indebtedness — subsequent submission.
Section 321.390 - Petition for dissolution of district — submission of question.
Section 321.400 - Circuit court may call for an election to determine dissolution of district.
Section 321.410 - Effect of dissolution — appointment of trustee.
Section 321.430 - Prior obligations remain valid.
Section 321.440 - When notice not given as required, procedure of court.
Section 321.450 - Cases arising under this chapter to be advanced on docket — courts always open.
Section 321.465 - Consolidated district, status — transfer of assets and liabilities.
Section 321.470 - Recording of order of consolidation — fee (constitutional charter counties).
Section 321.490 - Initiative and referendum authorized.
Section 321.495 - Form of petition.
Section 321.506 - Fire district may contract with private provider — ballot.
Section 321.556 - Repeal of sales tax, procedure, exceptions — ballot language.
Section 321.688 - Consolidation of districts — ballot language — effect of.
Section 321.700 - Dissolution of district, funds distributed to city, when.
Section 321.701 - Members of board subject to recall — exceptions.
Section 321.707 - Petition for recall, content.
Section 321.709 - Affidavit to be attached to each section of the petition — content.
Section 321.716 - Laws governing recall election, costs, how paid.