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Section: 071.0011 Transfer of certain land between municipalities, when--procedure--exception--concurrent detachment and annexation, procedure. RSMO 71.011


Published: 2015

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Missouri Revised Statutes













Chapter 71

Provisions Relative to All Cities and Towns

←71.010

Section 71.011.1

71.012→

August 28, 2015

Transfer of certain land between municipalities, when--procedure--exception--concurrent detachment and annexation, procedure.

71.011. 1. Except as provided in subsection 2 of this section,

property of a municipality which abuts another municipality may be

concurrently detached from one municipality and annexed by the other

municipality by the enactment by the governing bodies of each municipality

of an ordinance describing by metes and bounds the property, declaring the

property so described to be concurrently detached and annexed, and stating

the reasons for and the purposes to be accomplished by the detachment and

annexation. One certified copy of each ordinance shall be filed with the

county clerk, with the county assessor, with the county recorder of deeds,

and with the clerk of the circuit court of the county in which the property

is located, whereupon the concurrent detachment and annexation shall be

complete and final. Thereafter all courts of this state shall take notice

of the limits of both municipalities as changed by the ordinances. No

declaratory judgment or election shall be required for any concurrent

detachment and annexation permitted by this section if there are no

residents living in the area or if there are residents in the area and they

be notified of the annexation and do not object within sixty days.



2. In a county of the first classification with a charter form of

government containing all or a portion of a city with a population of at

least three hundred thousand inhabitants:



(1) Unimproved property of a municipality which overlaps another

municipality may be concurrently detached from one municipality and annexed

by the other municipality by the enactment by the governing body of the

receiving municipality of an ordinance describing by metes and bounds the

property, declaring the property so described to be detached and annexed,

and stating the reasons for and the purposes to be accomplished by the

detachment and annexation. A copy of said ordinance shall be mailed to the

city clerk of the contributing municipality, which shall have thirty days

from receipt of said notice to pass an ordinance disapproving the change of

boundary. If such ordinance is not passed within thirty days, the change

shall be effective and one certified copy of the ordinance shall be filed

with the county clerk, with the county assessor, with the county recorder

of deeds, and with the clerk of the circuit court of the county in which

the property is located, whereupon the concurrent detachment and annexation

shall be complete and final. Thereafter all courts of this state shall

take notice of the limits of both municipalities as changed by the

ordinances. No declaratory judgment or election shall be required for any

concurrent detachment and annexation permitted by this section if the

landowners in the area are notified and do not object within sixty days; or



(2) An island of unincorporated area within a municipality, which is

contiguous to more than one municipality or contiguous to the Missouri

River and the Blue River, may be annexed by an abutting municipality by the

enactment by the governing body of the municipality of an ordinance

describing the metes and bounds of the property, declaring the property so

described to be annexed, and stating the reasons for and the purposes to be

accomplished by the annexation. All recording shall be accomplished in the

same manner as set out in subdivision (1) of this subsection and shall be

effective unless the governing body of the county passes an ordinance

within thirty days disapproving the annexation. No declaratory judgment or

election shall be required for any annexation permitted by this

subdivision. Any annexation permitted by this subdivision shall exclude

any property within the unincorporated area when such property has been

owned by the same family for at least sixty consecutive years and consists

of ten acres or more. The line of ownership from the original settler or

buyer may be through children, grandchildren, siblings, nephews, or nieces,

including through marriage or adoption.



(L. 1973 S.B. 38 § 1, A.L. 1990 H.B. 1536, A.L. 1998 S.B. 809, A.L.

2007 H.B. 459 merged with S.B. 22 merged with S.B. 30, A.L. 2013

H.B. 1035)



*Effective 10-11-13, see § 21.250. H.B. 1035 was vetoed July 12,

2013. The veto was overridden on September 11, 2013.





2007

1998



2007



71.011. 1. Except as provided in subsection 2 of this section, property

of a municipality which abuts another municipality may be concurrently

detached from one municipality and annexed by the other municipality by the

enactment by the governing bodies of each municipality of an ordinance

describing by metes and bounds the property, declaring the property so

described to be concurrently detached and annexed, and stating the reasons

for and the purposes to be accomplished by the detachment and annexation. One

certified copy of each ordinance shall be filed with the county clerk, with

the county assessor, with the county recorder of deeds, and with the clerk of

the circuit court of the county in which the property is located, whereupon

the concurrent detachment and annexation shall be complete and final.

Thereafter all courts of this state shall take notice of the limits of both

municipalities as changed by the ordinances. No declaratory judgment or

election shall be required for any concurrent detachment and annexation

permitted by this section if there are no residents living in the area or if

there are residents in the area and they be notified of the annexation and do

not object within sixty days.



2. In a county of the first classification with a charter form of

government containing all or a portion of a city with a population of at

least three hundred thousand inhabitants, unimproved property of a

municipality which overlaps another municipality may be concurrently detached

from one municipality and annexed by the other municipality by the enactment

by the governing body of the receiving municipality of an ordinance

describing by metes and bounds the property, declaring the property so

described to be detached and annexed, and stating the reasons for and the

purposes to be accomplished by the detachment and annexation. A copy of said

ordinance shall be mailed to the city clerk of the contributing municipality,

which shall have thirty days from receipt of said notice to pass an ordinance

disapproving the change of boundary. If such ordinance is not passed within

thirty days, the change shall be effective and one certified copy of the

ordinance shall be filed with the county clerk, with the county assessor,

with the county recorder of deeds, and with the clerk of the circuit court of

the county in which the property is located, whereupon the concurrent

detachment and annexation shall be complete and final. Thereafter all courts

of this state shall take notice of the limits of both municipalities as

changed by the ordinances. No declaratory judgment or election shall be

required for any concurrent detachment and annexation permitted by this

section if the landowners in the area are notified and do not object within

sixty days.



1998



71.011. 1. Except as provided in subsection 2 of this section,

property of a municipality which abuts another municipality may be

concurrently detached from one municipality and annexed by the other

municipality by the enactment by the governing bodies of each municipality

of an ordinance describing by metes and bounds the property, declaring the

property so described to be concurrently detached and annexed, and stating

the reasons for and the purposes to be accomplished by the detachment and

annexation. One certified copy of each ordinance shall be filed with the

county clerk, with the county recorder of deeds, and with the clerk of the

circuit court of the county in which the property is located, whereupon the

concurrent detachment and annexation shall be complete and final.

Thereafter all courts of this state shall take notice of the limits of both

municipalities as changed by the ordinances. No declaratory judgment or

election shall be required for any concurrent detachment and annexation

permitted by this section if there are no residents living in the area or

if there are residents in the area and they be notified of the annexation

and do not object within sixty days.



2. In a county of the first classification with a charter form of

government containing all or a portion of a city with a population of at

least three hundred thousand inhabitants, unimproved property of a

municipality which overlaps another municipality may be concurrently

detached from one municipality and annexed by the other municipality by the

enactment by the governing body of the receiving municipality of an

ordinance describing by metes and bounds the property, declaring the

property so described to be detached and annexed, and stating the reasons

for and the purposes to be accomplished by the detachment and annexation.

A copy of said ordinance shall be mailed to the city clerk of the

contributing municipality, which shall have thirty days from receipt of

said notice to pass an ordinance disapproving the change of boundary. If

such ordinance is not passed within thirty days, the change shall be

effective and one certified copy of the ordinance shall be filed with the

county clerk, with the county recorder of deeds, and with the clerk of the

circuit court of the county in which the property is located, whereupon the

concurrent detachment and annexation shall be complete and final.

Thereafter all courts of this state shall take notice of the limits of both

municipalities as changed by the ordinances. No declaratory judgment or

election shall be required for any concurrent detachment and annexation

permitted by this section if the landowners in the area are notified and do

not object within sixty days.



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