71.012. Annexation procedure, hearing, exceptions (Perry County, Randolph County)--contiguous and compact defined--common interest community, cooperative and planned community, defined--objection, pro - Missouri Statutes

Annexation procedure, hearing, exceptions (Perry County, RandolphCounty)--contiguous and compact defined--common interestcommunity, cooperative and planned community, defined--objection,procedure.

71.012. 1. Notwithstanding the provisions of sections 71.015 and71.860 to 71.920, the governing body of any city, town or village may annexunincorporated areas which are contiguous and compact to the existingcorporate limits of the city, town or village pursuant to this section.The term "contiguous and compact" does not include a situation whereby theunincorporated area proposed to be annexed is contiguous to the annexingcity, town or village only by a railroad line, trail, pipeline or otherstrip 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 afterannexation would leave unincorporated areas between the annexed area andthe prior boundaries of the city, town or village connected only by suchrailroad line, trail, pipeline or other such strip of real property. Theterm "contiguous and compact" does not prohibit voluntary annexationspursuant to this section merely because such voluntary annexation wouldcreate an island of unincorporated area within the city, town or village,so long as the owners of the unincorporated island were also given theopportunity to voluntarily annex into the city, town or village.Notwithstanding the provisions of this section, the governing body of anycity, town or village in any county of the third classification whichborders a county of the fourth classification, a county of the secondclassification and Mississippi River may annex areas along a road orhighway up to two miles from existing boundaries of the city, town orvillage or the governing body in any city, town or village in any county ofthe third classification without a township form of government with apopulation of at least twenty-four thousand inhabitants but not more thanthirty thousand inhabitants and such county contains a state correctionalcenter may voluntarily annex such correctional center pursuant to theprovisions of this section if the correctional center is along a road orhighway within two miles from the existing boundaries of the city, town orvillage.

2. (1) When a verified petition, requesting annexation and signed bythe owners of all fee interests of record in all tracts of real propertylocated within the area proposed to be annexed, or a request for annexationsigned under the authority of the governing body of any common interestcommunity and approved by a majority vote of unit owners located within thearea proposed to be annexed is presented to the governing body of the city,town or village, the governing body shall hold a public hearing concerningthe matter not less than fourteen nor more than sixty days after thepetition is received, and the hearing shall be held not less than sevendays after notice of the hearing is published in a newspaper of generalcirculation qualified to publish legal matters and located within theboundary of the petitioned city, town or village. If no such newspaperexists within the boundary of such city, town or village, then the noticeshall 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 usedin chapter 448, RSMo, or a common-interest community, a cooperative, or aplanned community.

(a) A "common-interest community" shall be defined as real propertywith respect to which a person, by virtue of such person's ownership of aunit, is obliged to pay for real property taxes, insurance premiums,maintenance or improvement of other real property described in adeclaration. "Ownership of a unit" does not include a leasehold interestof less than twenty years in a unit, including renewal options;

(b) A "cooperative" shall be defined as a common-interest communityin which the real property is owned by an association, each of whosemembers is entitled by virtue of such member's ownership interest in theassociation to exclusive possession of a unit;

(c) A "planned community" shall be defined as a common-interestcommunity that is not a condominium or a cooperative. A condominium orcooperative may be part of a planned community.

(2) At the public hearing any interested person, corporation orpolitical subdivision may present evidence regarding the proposedannexation. If, after holding the hearing, the governing body of the city,town or village determines that the annexation is reasonable and necessaryto the proper development of the city, town or village, and the city, townor village has the ability to furnish normal municipal services to the areato be annexed within a reasonable time, it may, subject to the provisionsof subdivision (3) of this subsection, annex the territory by ordinancewithout further action.

(3) If a written objection to the proposed annexation is filed withthe governing body of the city, town or village not later than fourteendays after the public hearing by at least five percent of the qualifiedvoters of the city, town or village, or two qualified voters of the areasought to be annexed if the same contains two qualified voters, theprovisions 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 extendits limits by ordinance to include such territory, specifying with accuracythe new boundary lines to which the city's, town's or village's limits areextended. Upon duly enacting such annexation ordinance, the city, town orvillage shall cause three certified copies of the same to be filed with thecounty assessor and the clerk of the county wherein the city, town orvillage is located, and one certified copy to be filed with the electionauthority, if different from the clerk of the county which has jurisdictionover the area being annexed, whereupon the annexation shall be complete andfinal and thereafter all courts of this state shall take judicial notice ofthe limits of that city, town or village as so extended.

(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)