Effective - 28 Aug 2018, 4 histories
71.012. Annexation procedure, hearing, exceptions (Perry County, Randolph County) — contiguous and compact defined — common interest community, cooperative and planned community, defined — objection, procedure. — 1. Notwithstanding the provisions of sections 71.015 and 71.860 to 71.920, the governing body of any city, town or village may annex unincorporated areas which are contiguous and compact to the existing corporate limits of the city, town or village pursuant to this section. The term "contiguous and compact" does not include a situation whereby the unincorporated area proposed to be annexed is contiguous to the annexing city, town or village only by a railroad line, trail, pipeline or other strip of real property less than one-quarter mile in width within the city, town or village so that the boundaries of the city, town or village after annexation would leave unincorporated areas between the annexed area and the prior boundaries of the city, town or village connected only by such railroad line, trail, pipeline or other such strip of real property. The term contiguous and compact shall include a situation whereby the unincorporated area proposed to be annexed would be contiguous and compact to the existing corporate limits of the city, town, or village but for an intervening state highway or interstate highway as defined in section 304.001, or railroad right-of-way, regardless of whether any other city, town, or village has annexed such state or interstate highway or railroad right-of-way or otherwise has an easement in such state or interstate highway or railroad right-of-way. The term contiguous and compact does not prohibit voluntary annexations pursuant to this section merely because such voluntary annexation would create an island of unincorporated area within the city, town or village, so long as the owners of the unincorporated island were also given the opportunity to voluntarily annex into the city, town or village. Notwithstanding the provisions of this section, the governing body of any city, town or village in any county of the third classification which borders a county of the fourth classification, a county of the second classification and the Mississippi River may annex areas along a road or highway up to two miles from existing boundaries of the city, town or village or the governing body in any city, town or village in any county of the third classification without a township form of government with a population of at least twenty-four thousand inhabitants but not more than thirty thousand inhabitants and such county contains a state correctional center may voluntarily annex such correctional center pursuant to the provisions of this section if the correctional center is along a road or highway within two miles from the existing boundaries of the city, town or village.
2. (1) When a notarized petition, requesting annexation and signed by the owners of all fee interests of record in all tracts of real property located within the area proposed to be annexed, or a request for annexation signed under the authority of the governing body of any common interest community and approved by a majority vote of unit owners located within the area proposed to be annexed is presented to the governing body of the city, town or village, the governing body shall hold a public hearing concerning the matter not less than fourteen nor more than sixty days after the petition is received, and the hearing shall be held not less than seven days after notice of the hearing is published in a newspaper of general circulation qualified to publish legal matters and located within the boundary of the petitioned city, town or village. If no such newspaper exists within the boundary of such city, town or village, then the notice shall be published in the qualified newspaper nearest the petitioned city, town or village. For the purposes of this subdivision, the term "common-interest community" shall mean a condominium as said term is used in chapter 448, or a common-interest community, a cooperative, or a planned community.
(a) A "common-interest community" shall be defined as real property with respect to which a person, by virtue of such person's ownership of a unit, is obliged to pay for real property taxes, insurance premiums, maintenance or improvement of other real property described in a declaration. "Ownership of a unit" does not include a leasehold interest of less than twenty years in a unit, including renewal options;
(b) A "cooperative" shall be defined as a common-interest community in which the real property is owned by an association, each of whose members is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit;
(c) A "planned community" shall be defined as a common-interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community.
(2) At the public hearing any interested person, corporation or political subdivision may present evidence regarding the proposed annexation. If, after holding the hearing, the governing body of the city, town or village determines that the annexation is reasonable and necessary to the proper development of the city, town or village, and the city, town or village has the ability to furnish normal municipal services to the area to be annexed within a reasonable time, it may, subject to the provisions of subdivision (3) of this subsection, annex the territory by ordinance without further action.
(3) If a written objection to the proposed annexation is filed with the governing body of the city, town or village not later than fourteen days after the public hearing by at least five percent of the qualified voters of the city, town or village, or two qualified voters of the area sought to be annexed if the same contains two qualified voters, the provisions of sections 71.015 and 71.860 to 71.920, shall be followed.
3. If no objection is filed, the city, town or village shall extend its limits by ordinance to include such territory, specifying with accuracy the new boundary lines to which the city's, town's or village's limits are extended. Upon duly enacting such annexation ordinance, the city, town or village shall cause three certified copies of the same to be filed with the county assessor and the clerk of the county wherein the city, town or village is located, and one certified copy to be filed with the election authority, if different from the clerk of the county which has jurisdiction over the area being annexed, whereupon the annexation shall be complete and final and thereafter all courts of this state shall take judicial notice of the limits of that city, town or village as so extended.
4. That a petition requesting annexation is not or was not verified or notarized shall not affect the validity of an annexation heretofore or hereafter undertaken in accordance with this section.
5. Any action of any kind seeking to deannex from any city, town, or village any area annexed under this section, or seeking in any way to reverse, invalidate, set aside, or otherwise challenge such annexation or oust such city, town, or village from jurisdiction over such annexed area shall be brought within five years of the date of adoption of the annexation ordinance.
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(L. 1976 H.B. 1362, A.L. 1978 S.B. 738, A.L. 1980 H.B. 1110, A.L. 1986 H.B. 1135 merged with H.B. 1261, A.L. 1989 H.B. 487, A.L. 1990 H.B. 1536, A.L. 1993 S.B. 376, A.L. 1995 H.B. 414, A.L. 1996 H.B. 1237, A.L. 1998 H.B. 1352, A.L. 1999 S.B. 160 & 82, A.L. 2005 H.B. 58, A.L. 2007 H.B. 459 merged with S.B. 22 merged with S.B. 30, A.L. 2013 S.B. 58, A.L. 2018 S.B. 881)
(1987) The objection procedure provided by subdivision (3) of subsection 2 of this section is not available to a county. St. Louis County v. Village of Peerless Park, 726 S.W.2d 405 (Mo.App.).
(1987) The fact that a county will lose revenue or political power because of an annexation ordinance passed as provided in this section is not sufficiently adverse effect to confer standing upon the county to challenge such ordinance. St. Louis County v. Village of Peerless Park, 726 S.W.2d 405 (Mo.App.).
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 71 - Provisions Relative to All Cities and Towns
Section 71.010 - Ordinances to conform to state law.
Section 71.016 - Annexation of noncontiguous territory, when allowed.
Section 71.018 - Exclusion of prior area from jurisdiction, when.
Section 71.019 - Condemnation authorized — bonds, how issued — cooperation authorized.
Section 71.020 - Changing name of town.
Section 71.030 - Proceedings before presentation of petition to change name.
Section 71.040 - Duty of the secretary of state.
Section 71.050 - Petition to change name — consideration — notice.
Section 71.060 - Order to change name.
Section 71.070 - Order to change name — duty of secretary of state — duty of courts.
Section 71.080 - Change not to affect rights accrued.
Section 71.090 - Unincorporated town or village — change of name.
Section 71.100 - May sell and convey commons.
Section 71.110 - Sale of commons — ordinances authorized.
Section 71.120 - Property held in trust.
Section 71.130 - Breach of trust — proceedings.
Section 71.140 - Purchase of Missouri products.
Section 71.150 - Property qualifications for officers not required.
Section 71.160 - Special census — qualifications and oath of supervisor.
Section 71.170 - Special census — enumerators — results certified.
Section 71.180 - Special census — compensation, supervisor and enumerators.
Section 71.185 - Tort liability for governmental acts, insurance, trial.
Section 71.200 - Police force, appointment of men and women.
Section 71.220 - City prisoners, labor on public works — fines payable in installments.
Section 71.230 - Unimproved additions, how vacated.
Section 71.250 - Duty of county commission — procedure.
Section 71.260 - What consent necessary.
Section 71.270 - Streets, easements and commons in subdivision outside limits — petition — notice.
Section 71.280 - Section 71.270 not applicable to state or county road.
Section 71.286 - Display of the United States flag, political subdivisions not to regulate.
Section 71.288 - Restrictions on outdoor advertising — fee.
Section 71.290 - Public improvement — state or federal aid — procedures.
Section 71.300 - Courthouses and jails — erection and maintenance.
Section 71.310 - Armories — acquisition, maintenance.
Section 71.320 - Armories, not owned or leased by cities — maintenance.
Section 71.330 - Term maintenance defined.
Section 71.340 - Construction and repair of public roads — annual appropriation.
Section 71.350 - Parking facilities for motor vehicles, certain cities.
Section 71.360 - Parking facilities, how financed.
Section 71.365 - Sidewalks to have wheelchair ramps — specifications for — when required.
Section 71.367 - Deviations authorized, when.
Section 71.370 - Contracts for fire protection between incorporated cities.
Section 71.380 - Fire protection contracts.
Section 71.390 - Payments under contracts.
Section 71.400 - Cities may maintain joint fire departments.
Section 71.410 - Joint contract — validity.
Section 71.420 - Joint fire department committee — duties.
Section 71.430 - Joint fire department — use of building.
Section 71.440 - Joint fire department — cost of maintenance, how met.
Section 71.450 - Joint fire department — bond election — tax increase.
Section 71.470 - Joint fire department — issuance of bonds — imposition of tax.
Section 71.480 - Joint fire department — denomination and form of bonds.
Section 71.490 - Joint fire department — bonds, notice of sale.
Section 71.500 - Joint fire department — bonds to be registered.
Section 71.510 - Joint fire department — use of moneys from bonds.
Section 71.520 - Certain privileges granted to public utilities.
Section 71.527 - Annexation, provision of cable television services.
Section 71.540 - Municipal water supply — contracts.
Section 71.550 - Water supply contract — voter approval.
Section 71.560 - Use of streets for railway purposes — petition of property owners.
Section 71.570 - Street railways — powers of municipality limited.
Section 71.580 - Proceedings before granting of franchise to street railroads.
Section 71.600 - Damages defined.
Section 71.610 - Imposition of tax on business, when.
Section 71.630 - Imposition of tax on producer prohibited, when.
Section 71.640 - Tax for band fund authorized.
Section 71.650 - Tax for band fund — limitations.
Section 71.660 - Discontinuance of tax for band fund, procedure.
Section 71.670 - Band fund — expenditures — contract with band.
Section 71.690 - Garbage disposal — ordinances authorized.
Section 71.700 - Water supply — authorization to regulate and license.
Section 71.710 - Water supply — protection of sources.
Section 71.715 - Sewerage service charges may be imposed, how collected — use of proceeds.
Section 71.720 - Milk — regulation — inspection.
Section 71.760 - Smoke nuisance — penalty.
Section 71.770 - Smoke nuisance — enforcement of penalty.
Section 71.780 - Nuisances — expense of suppression, how paid.
Section 71.794 - Establishing or altering size of district, procedure.
Section 71.796 - Powers of governing body in establishing and maintaining district.
Section 71.798 - Governing body to determine expenditures.
Section 71.802 - General obligation bonds authorized, when — election, notice of — form of ballot.
Section 71.804 - Revenue bonds authorized, when — refunding of revenue bonds authorized.
Section 71.806 - Bonds, term of, form, interest rate, private sale authorized.
Section 71.808 - Benefit determinations by legislative body of city to be conclusive.
Section 71.860 - Application of section 71.015 — exceptions.
Section 71.870 - Separate elections required for annexation — effective when.
Section 71.900 - Form of ballot.
Section 71.910 - Proposition not to be resubmitted, when.
Section 71.922 - Certain annexations effective on date determined by jurisdictions involved.
Section 71.940 - Codification and compilation of ordinances, defined.
Section 71.946 - Supplements to code to be deemed part of original code.
Section 71.948 - Copies of code on file with municipal clerks and open to public.
Section 71.980 - Financially insolvent municipalities, state not liable for debt.