SB 1034

SECOND REGULAR SESSION
  SENATE BILL NO. 1034
  103RD GENERAL ASSEMBLY
  INTRODUCED BY SENATOR BEAN.
 4812S.02I  KRISTINA MARTIN, Secretary
  AN ACT
 To repeal sections 242.030, 242.270, 242.280, 242.500, 245.020, 245.125, 245.130, 245.197, and
  245.300, RSMo, and to enact in lieu thereof nine new sections relating to certain water
  management districts.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section A.  Sections 242.030, 242.270, 242.280, 242.500,
2  245.020, 245.125, 245.130, 245.197, and 245.300, RSMo, are
3  repealed and nine new sections enacted in lieu thereof, to be
4  known as sections 242.030, 242.270, 242.280, 242.500, 245.020,
5  245.125, 245.130, 245.197, and 245.300, to read as follows:
1242.030. 1.  Immediately after such articles of
2  association shall have been filed, the clerk in whose office
3  the articles of association have been filed shall give
4  notice by causing publication to be made once a week for
5  four consecutive weeks in some newspaper published in each
6  county in which are situate lands and other property of the
7  district, the last insertion to be made at least fifteen
8  days prior to the first day of the next regular term of the
9  circuit court at which said articles of association and
10  petition are to be heard; said notice shall be substantially
11  in the following form and it shall be deemed sufficient for
12  all purposes of sections 242.010 to 242.690:
 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
 and is intended to be omitted in the law.
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13NOTICE OF APPLICATION TO FORM DRAINAGE
14DISTRICT.
15Notice is hereby given to all persons
16interested [in the following described real
17estate and other property] in ______ County
18of Missouri [(here describe the property as
19set out in the articles of association)] that
20articles of association asking that [the
21foregoing] lands and other property be formed
22into a drainage district under the provisions
23of chapter 242, and that the lands and other
24property [as above described] will be
25affected by the formation of said drainage
26district and be rendered liable to taxation
27for the purposes of paying the expenses of
28organizing and making and maintaining the
29improvements that may be found necessary to
30drain, protect and reclaim the lands and
31other property in said district, and you, and
32each of you, are hereby notified to appear at
33a session of this court to be held on the
34______ day of ______, 20______, at ______ in
35______ County, and show cause, if any there
36be, why said drainage district as set forth
37in the articles of association shall not be
38organized as a public corporation of the
39state of Missouri.
40__________________
41Clerk of the circuit court of ______ County.
422. Within fourteen days of the filing of the articles,
43 those petitioning for the creation of the district shall
44 mail a copy of the notice contained in this section to the
45 names as listed on the county assessor's records of the
46 owners of land identified in the petition or other
47 individual or corporate franchise property in the district
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48 identified in the petition, including all public entities
49 owning land within the district.
503. The circuit court of the county in which said
51 articles of association have been filed shall thereafter
52 maintain and have original and exclusive jurisdiction
53 coextensive with the boundaries and limits of said district
54 without regard to county lines, for all purposes of sections
55 242.010 to 242.690; provided, that where lands in different
56 counties are sought to be incorporated in the same district,
57 [it shall not be necessary to include all of the lands and
58 other property in said proposed drainage district in the
59 notice published in the different counties, but only such
60 lands and other property in the district as are situate in
61 the respective counties] said notice shall be published in
62 some newspaper in each county in which such lands so
63 affected are situate.
1242.270. Upon the filing of the report of the
2 commissioners, the clerk of said circuit court shall give
3 notice thereof by causing publication to be made once a week
4 for [three] four consecutive weeks in some newspaper,
5 published in each county in the district.   It shall not be
6 necessary for said clerk to name the parties interested, but
7 it shall be sufficient to say:
8NOTICE OF FILING OF COMMISSIONERS' REPORT
9FOR ______ DRAINAGE DISTRICT.
10[Notice is hereby given to all persons
11interested in the following described land
12and property in ______ County (or counties)
13Missouri (here describe land and property)
14included within "______ drainage district"
15that the commissioners heretofore appointed
16to assess benefits and damages to the
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17property and lands situate in said drainage
18district and to appraise the cash value of
19the land necessary to be taken for rights-
20of-way, holding basins and other works of
21said district within or without the limits
22of said district, filed their report in this
23office on the ______ day of ______,
2420______, and you and each of you are hereby
25notified that you may examine said report
26and file exceptions to all or any part
27thereof, as provided by law,] You are hereby
28notified that the commissioners heretofore
29appointed to assess benefits to the property
30and lands situated in said drainage district
31filed their report in this office on the
32______ day of ______, 20______. You, and
33each of you, are hereby notified that the
34report may provide for assessments on your
35property, and that you may examine said
36report and file exceptions to all or any
37part thereof within thirty days from this
38mailing and appear at the hearing which will
39be scheduled no sooner than thirty days
40after the date of this notice, as provided
41by law. Please be aware no further appeal
42is allowed to dispute assessed benefits. If
43you are receiving this notice by mail,
44county records indicate you are the owner of
45property which is located within the
46_________ Drainage District.
47The district last performed an assessment in
48________ and the assessed benefits may
49significantly change based on changed use
50and improvement of the property and new or
51improved drainage projects.
52__________________
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53Clerk of the circuit court of ______ County,
54Missouri.
55 Provided, that where lands in different counties are
56 contained in said report, the said notice shall be published
57 in some newspaper in each county in which such lands so
58 affected are situate[, and it shall not be necessary to
59 publish a list of all of said lands in each county, but only
60 that part of same situate in the respective counties].
1242.280. 1.   The drainage district or any owner of
2 land or other property in said district, may file exceptions
3 to said report or to any assessment for either benefits or
4 damages, within [ten] thirty days after the last day of
5 publication of the notice provided for in the preceding
6 section. All exceptions shall be heard by the court and
7 determined in a summary manner so as to carry out liberally
8 the purposes and needs of the district, and if it appears to
9 the satisfaction of the court, after having heard and
10 determined all of said exceptions, that the estimated cost
11 of constructing the improvement contemplated in the plan for
12 reclamation is less than the benefits assessed against the
13 land and other property in said district, then the court
14 shall approve and confirm said commissioners' report as so
15 modified and amended.
162. The court may at any time before final confirmation
17 or approval refer the report back to the commissioners with
18 or without instructions, and when the report is again filed,
19 notice shall be given in the form and for the time provided
20 in section 242.270. Exceptions to the second report shall be
21 filed within [ten] thirty days after the date of the last
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22 day of publication, and heard and determined in a summary
23 manner.
243. The court shall adjudge and apportion the costs
25 incurred by the exceptions filed and shall condemn any land
26 or other property, within or without the boundary lines of
27 the district, that is shown by the report of the
28 commissioners to be needed for rights-of-way, holding basins
29 and other works, or that may be needed for material to be
30 used in constructing said works, following, as nearly as
31 possible, the procedure that is now provided for by law for
32 the appropriation of land and other property taken for
33 telegraph, telephone and railroad rights-of-way.
344. The clerk of said circuit court shall transmit a
35 certified copy of the court decree and copy of the
36 commissioners' report, as confirmed or amended by the court,
37 to the secretary of the board of supervisors of the
38 district, who shall make and transmit a certified copy of
39 the said decree and that part of the said report affecting
40 land in each county to the recorder of each county having
41 lands in the district, or affected by the said report, where
42 the same shall become a permanent record and each such
43 recorder shall receive a fee of one dollar for receiving,
44 filing and preserving the same.
455. Any person may appeal from the judgment of the
46 court, and upon such appeal there may be determined either
47 or both of the following questions: First, whether just
48 compensation has been allowed for property appropriated and,
49 second, whether proper damages have been allowed for
50 property prejudicially affected by the improvements.
1242.500. 1.   Whenever the board of supervisors of any
2 district in existence as of August 28, 2008, or organized
3 under this chapter after August 28, 2008, on behalf of the
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4 district, or the owners of twenty-five percent or more of
5 the acreage of the lands in the district shall file a
6 petition with the circuit clerk in whose office the articles
7 of association were filed, stating that there has been a
8 material change in the values of all or some of the property
9 in the district since the last previous assessment of
10 benefits or readjustment of the assessment of benefits and
11 praying for a readjustment of the assessment of benefits of
12 the property identified in the petition for the purpose of
13 making a more equitable basis for the levy of the
14 maintenance tax or for the purpose of levying a new tax to
15 pay the costs of the completion of the proposed works and
16 improvements as shown in the supplemental plan for
17 reclamation adopted by the board of supervisors pursuant to
18 section 242.230, or for both of the aforesaid purposes, the
19 circuit clerk shall give notice of the filing and hearing of
20 the petition in the manner and for the time provided for in
21 section 242.030.     The notice may be in the following form:
22[Notice is hereby given to all persons
23interested in the lands and property included
24within the ______ district that a petition
25has been filed in the office of the clerk of
26the circuit court of ______ County, ______,
27praying for a readjustment of the assessment
28of benefits of all or some of the property in
29the district as identified in the petition
30for the purpose(s) of ______, and that the
31petition will be heard by the circuit court
32on the ______ day of ______, 20______] You
33are hereby notified that a petition has been
34filed in the office of the clerk of the
35circuit court of ______ County, Missouri,
36praying for a readjustment of the assessment
37of benefits for the purpose(s) of ______ and
38that the petition will be heard by the
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39circuit court on the ______ day of ______,
4020______. At this hearing, the court will
41consider the appointment of commissioners to
42perform the readjustment of the assessment of
43benefits. Once this report is submitted to
44the court, landowners may file objections
45which shall be heard and determined by the
46court. If you are receiving this notice by
47mail, county records indicate you are the
48owner of property within the ______ Drainage
49District.
50The district last performed an assessment in
51________ and the assessed benefits may
52significantly change based on a number of
53factors including changed use or improvement
54of the property since that time. Please be
55aware this is a special assessment.
56Therefore, the assessed benefits are the base
57formula used in allocating the financial
58burden for maintenance and improvement of
59district improvements.
60______,
61Clerk of the circuit court ______ County
62 Upon hearing of the petition if the court finds that there
63 has been a material change in the values of some or all of
64 the property in the district as identified in the petition
65 since the last previous assessment of benefits, the court
66 shall order that there be made a readjustment of the
67 assessment of benefits for the lands identified in the
68 petition for the purpose of providing a basis upon which to
69 levy the maintenance tax of the district or for the purpose
70 of levying a new tax to pay the costs of the completion of
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71  the proposed works and improvements as shown in the
72  supplemental plan for reclamation adopted by the board of
73  supervisors pursuant to section 242.230, or for both of the
74  aforesaid purposes.
752. Thereupon the court shall appoint three
76  commissioners, possessing the qualifications of
77  commissioners appointed under section 242.240 to make such
78  readjustment of assessments in the manner provided in
79  section 242.260 with respect to the lands identified in the
80  petition and the commissioners shall make their report, and
81  the same proceedings shall be had thereon, as nearly as may
82  be, as are herein provided for the assessment of benefits
83  accruing for original construction; provided, that in making
84  the readjustment of the assessment of benefits, the
85  commissioners shall not be limited to the aggregate amount
86  of the original or any readjustment of the assessment of
87  benefits, and may assess the amount of benefits that will
88  accrue from carrying out and putting into effect such
89  supplemental plan for reclamation adopted by the board of
90  supervisors pursuant to section 242.230.   After the making
91  of such readjustment, the limitation of twenty percent of
92  the annual maintenance tax which may be levied shall apply
93  to the amount of benefits as readjusted, and the limitation
94  of the tax which may be levied for payment of the costs of
95  the completion of the proposed works and improvements as
96  shown in the aforesaid supplemental plan for reclamation
97  shall apply to the amount of the benefits as readjusted.
98  There shall be no such readjustment of benefits oftener than
99  once in a year.   The list of lands, and other property, with
100 the readjusted assessed benefits and the decree and judgment
101 of the court, shall be filed in the office of the county
102 recorder as provided in section 242.280.
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1245.020. 1.    After such articles of association shall
2 have been filed, the clerk in whose office the articles of
3 association have been filed shall give notice by causing
4 publication to be made once a week for four consecutive
5 weeks in some newspaper published in each county in which
6 the land and other property of the district are situate.
7 Such notice shall be published within fourteen days of
8 filing of the articles, and the notice shall be
9 substantially in the following form and it shall be deemed
10 sufficient for all purposes of sections 245.010 to 245.280:
11NOTICE OF APPLICATION TO FORM LEVEE DISTRICT.
12Notice is hereby given to all persons
13interested [in the following described real
14estate and other property] in ______ County of
15Missouri [(here describe the property as set
16out in the articles of association)] that
17articles of association asking that [the
18foregoing] lands and other property be formed
19into a levee district under the provisions of
20sections 245.010 to 245.280, RSMo, have been
21filed in this office, and the foregoing real
22estate and other property will be affected by
23the formation of said levee district and be
24rendered liable to taxation for the purposes
25of paying the expenses of organizing and
26making and maintaining the improvements that
27may be found necessary to effect the leveeing
28and reclamation of the land and other property
29in said district, and you and each of you may
30file objections or exceptions to said articles
31of association and petition on or before the
32______ day of ______, 20______, in this
33office, but not thereafter, if any there be,
34why said levee district as set forth in the
35articles of association shall not be organized
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36as a public corporation of the state of
37Missouri.
38__________________ ,
39Clerk of circuit court of ______ County.
40 The circuit court of the county in which said articles of
41 association have been filed shall thereafter maintain and
42 have original and exclusive jurisdiction coextensive with
43 the boundaries and limits of said district without regard to
44 county lines, for all purposes of this law; provided, that
45 where lands in different counties are sought to be
46 incorporated in the same district, [it shall not be
47 necessary to include all of the lands in said proposed levee
48 district in the notice published in the different counties,
49 but only such lands and other property in the district as
50 are situate in the respective counties] said notice shall be
51 published in some newspaper in each county in which such
52 lands so affected are situate.
532. Within fourteen days of the filing of the articles,
54 those petitioning for the creation of the district shall
55 mail[, by certified mail,] a copy of the notice contained in
56 this section to the names as listed on the county assessor's
57 records of the owners of land identified in the petition or
58 other individual or corporate franchise property in the
59 district identified in the petition, including all public
60 entities owning land within the district.
1245.125. Upon the filing of the report of the
2 commissioners, the clerk of said circuit court shall give
3 notice thereof by causing publication to be made once in
4 some newspaper published in each county in the district.    It
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5 shall not be necessary for said clerk to name the parties
6 interested, but it shall be sufficient to say:
7NOTICE FOR FILING OF COMMISSIONERS' REPORT
8For ______ Levee District.
9[Notice is hereby given to all persons
10interested in the following described land
11and property in ______ County (or counties),
12Missouri (here describe land and property),
13included within "______ levee district" that
14the commissioners heretofore appointed to
15assess benefits and damages to the property
16and lands situated in said levee district and
17to appraise the cash value of the land
18necessary to be taken for rights-of-way, and
19other works of said district within or
20without the limits of said district, filed
21their report in this office on the ______ day
22of ______, 20______, and you, and each of
23you, are hereby notified that you may examine
24said report and file exceptions to all or any
25part thereof, as provided by law] You are
26hereby notified that the commissioners
27heretofore appointed to assess benefits to
28the property and lands situated in said levee
29district filed their report in this office on
30the ______ day of ______, 20______. You, and
31each of you, are hereby notified that the
32report may provide for assessments on your
33property, and that you may examine said
34report and file exceptions to all or any part
35thereof within thirty days from this mailing
36and appear at the hearing which will be
37scheduled no sooner than thirty days after
38the date of this notice, as provided by law.
39Please be aware no further appeal is allowed
40to dispute assessed benefits. If you are
41receiving this notice by mail, county records
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42indicate you are the owner of property which
43is located within the _________ Levee
44District.
45The district last performed an assessment in
46________ and the assessed benefits may
47significantly change based on changed use and
48improvement of the property and new or
49improved levee projects.
50__________________ ,
51Clerk of the circuit court of ______ County,
52Missouri.
53 Provided, that where lands in different counties are
54 contained in said report, the said notice shall be published
55 in some newspaper in each county in which such lands so
56 affected are situate[, and it shall not be necessary to
57 publish a list of all of said lands in each county, but only
58 that part of same situate in the respective counties].     The
59 commissioners shall mail[, by certified mail,] a copy of the
60 notice contained in this section to the parties contained in
61 subsection 2 of section 245.020 within one week of filing
62 the report.
1245.130. 1.     The levee district or any owner of land
2 or other property in said district, may file exceptions to
3 said report or to any assessment for either benefits or
4 damages, within [ten] thirty days after the last day of
5 publication of the notice provided for in section 245.125.
62. All exceptions shall be heard by the court and
7 determined in a summary manner so as to carry out liberally
8 the purposes and needs of the district, and if it appears to
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9 the satisfaction of the court, after having heard and
10 determined all of said exceptions, that the estimated cost
11 of constructing the improvement contemplated in the plan for
12 reclamation is less than the benefits assessed against the
13 land and other property in said district, then the court
14 shall approve and confirm said commissioners' report as so
15 modified and amended.   The court shall adjudge and apportion
16 the costs incurred by the exceptions filed and shall condemn
17 any land or other property, within or without the boundary
18 lines of the district, that is shown by the report of the
19 commissioners to be needed for rights-of-way, holding basins
20 and other works, or that may be needed for material to be
21 used in constructing said works, following, as nearly as
22 possible the procedure that is now provided for by law for
23 the appropriation of land and other property taken for
24 telegraph, telephone and railroad rights-of-way.
253. The clerk of said circuit court shall transmit a
26 certified copy of the court decree and copy of the
27 commissioners' report, as confirmed or amended by the court,
28 to the secretary of the board of supervisors of the
29 district, who shall make and transmit a certified copy of
30 the said decree and that part of the said report affecting
31 land in each county to the recorder of each county having
32 lands in the district, or affected by the said report, where
33 the same shall become a permanent record and each such
34 recorder shall receive a fee of one dollar for receiving,
35 filing and preserving the same.
364. Any person may appeal from the judgment of the
37 court, and upon such appeal there may be determined either
38 or both of the following questions:
39(1) Whether just compensation has been allowed for
40 property appropriated; and
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41(2) Whether proper damages have been allowed for
42 property prejudicially affected by the improvements.
1245.197. 1.   Whenever the board of supervisors of any
2 district now existing or hereafter organized pursuant to
3 sections 245.010 to 245.280, for and in behalf of the
4 district, or the owners of twenty-five percent or more of
5 the acreage of the lands in the district, shall file a
6 petition with the circuit clerk in whose office the articles
7 of association were filed stating that there has been a
8 material change in the values of all or some of the property
9 in the district since the last previous assessment of
10 benefits or readjustment of the assessment of benefits, and
11 praying for a readjustment of the assessment of benefits of
12 the property identified in the petition for the purpose of
13 making a more equitable basis for the levy of the
14 maintenance tax or for the purpose of levying a new tax to
15 pay the costs of the completion of the proposed works and
16 improvements as shown in the supplemental plan for
17 reclamation adopted by the board of supervisors pursuant to
18 section 245.105, or for both of the aforesaid purposes, the
19 court wherein the petition is filed, if in session, or the
20 clerk thereof in vacation, shall fix a date for the hearing
21 of the petition which date shall not be less than forty-five
22 nor more than sixty days from the date of the filing of the
23 petition.
242. The circuit clerk shall give notice to all persons
25 interested in the lands and property identified in the
26 petition of the filing and hearing of the petition in the
27 manner and for the time provided for in section 245.020.
28 Such notice may be in the following form:
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29[To All Persons Interested in the Following
30Described
31(insert description of lands and property)
32Lands and Property Included Within ______
33District:
34      You are hereby notified that a petition has
35      been filed in the office of the clerk of
36      the circuit court of ______ County,
37      Missouri, praying for a readjustment of the
38      assessment of benefits for the purpose(s) of
39      ______ ______ ______ ______ ______ and that
40      the petition will be heard by the circuit
41      court on the ______ day of ______,
42      20______.]
43NOTICE FOR REASSESSMENT OF BENEFITS
44For _____ Levee District.
45      You are hereby notified that a petition has
46      been filed in the office of the clerk of the
47      circuit court of ______ County, Missouri,
48      praying for a readjustment of the assessment
49      of benefits for the purpose(s) of ______ and
50      that the petition will be heard by the
51      circuit court on the ______ day of ______,
52      20______. At this hearing, the court will
53      consider the appointment of commissioners to
54      perform the readjustment of the assessment
55      of benefits. Once this report is submitted
56      to the court, landowners may file objections
57      which shall be heard and determined by the
58      court. If you are receiving this notice by
59      mail, county records indicate you are the
60      owner of property within the _____ Levee
61      district.
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62      The district last performed an assessment in
63      ________ and the assessed benefits may
64      significantly change based on a number of
65      factors including changed use or improvement
66      of the property since that time. Please
67      be aware this is a special assessment.
68      Therefore, the assessed benefits are the
69      base formula used in allocating the
70      financial burden for maintenance and
71      improvement of district improvements.
72__________________
73Clerk of the
74Circuit Court of
75______ County,
76Missouri.
773. Upon the hearing of the petition, if the court
78 finds that there has been a material change in the values of
79 the property in the district identified in the petition
80 since the last previous assessment of benefits, the court
81 shall order that there be made a readjustment of the
82 assessment of benefits for the lands identified in the
83 petition for the purpose of providing a basis upon which to
84 levy the maintenance tax of the district or for the purpose
85 of levying a new tax to pay the costs of the completion of
86 the proposed works and improvements as shown in the
87 supplemental plan for reclamation adopted by the board of
88 supervisors pursuant to section 245.105, or for both of the
89 aforesaid purposes.
904. Thereupon the court shall appoint three
91 commissioners possessing the qualifications of commissioners
92 appointed under section 245.110 to make such readjustment of
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93  assessments in the manner provided in section 245.120 with
94  respect to those lands identified in the petition.    The
95  commissioners shall make their report, and the same
96  proceedings shall be had thereon, as nearly as may be, as
97  are provided in sections 245.010 to 245.280, for the
98  assessment of benefits accruing from the original
99  construction. In making the readjustment of the assessment
100 of benefits, the commissioners shall not be limited to the
101 aggregate amount of the original or any readjustment of the
102 assessment of benefits, and may assess the amount of
103 benefits that will accrue from carrying out and putting into
104 effect the supplemental plan for reclamation adopted by the
105 board of supervisors pursuant to section 245.105.    After the
106 making of the readjustment, the limitation of ten percent of
107 the benefits assessed for the annual maintenance tax which
108 may be levied shall apply to the amount of benefits as
109 readjusted, and the limitation of the tax which may be
110 levied for payment of the costs of the completion of the
111 proposed works and improvements as shown in the aforesaid
112 supplemental plan for reclamation shall apply to the amount
113 of the benefits readjusted.
1145. There shall be no such readjustment of benefits
115 more often than once in a year.    The lists of land and other
116 property, with the readjusted assessed benefits and the
117 decree and judgment of the court, shall be filed in the
118 office of the county recorder as provided in section 245.130.
1245.300. No such levee district shall be formed unless
2  notice of an intention to apply therefor be first given by
3  publication in some newspaper published in each county
4  composing said proposed levee district, published once at
5  least fifteen days before the commencement of the meeting of
6  the county commission to which said application shall be
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7 made, and provided that the commission shall mail[, by
8 certified mail,] a copy of the notice of the intention to
9 form a district to the names listed on the county assessor's
10 records of the owners of land or other individual or
11 corporate franchise property in the district, including all
12 public entities owning land within the district.
  ✓