Cities and towns may be incorporated in their respectiveclasses--exception, certain cities must comply with boundarychange law--exception, Cass County--owners of majority of certainclass of property may object to incorporation, cause ofaction--definition--contents of petition.
72.080. 1. Any unincorporated city, town, or other area of the statemay, except as otherwise provided in sections 72.400 to 72.420, become acity of the class to which its population would entitle it pursuant to thischapter, and be incorporated pursuant to the law for the government ofcities of that class, in the following manner: whenever a number of votersequal to fifteen percent of the votes cast in the last gubernatorialelection in the area proposed to be incorporated shall present a petitionto the governing body of the county in which such city, town, or area issituated, such petition shall describe, by metes and bounds, the area to beincorporated and be accompanied by a plat thereof, shall state theapproximate population and the assessed valuation of all real and personalproperty in the area and shall state facts showing that the proposed cityshall have the ability to furnish normal municipal services within areasonable time after its incorporation is to become effective and prayingthat the question be submitted to determine if it may be incorporated. Ifthe governing body shall be satisfied that a number of voters equal tofifteen percent of the votes cast in the last gubernatorial election in thearea proposed to be incorporated have signed such petition, the governingbody shall submit the question to the voters.
2. The county may make changes in the petition to correct technicalerrors or to redefine the metes and bounds of the area to be incorporatedto reflect other boundary changes occurring within six months prior to thetime of filing the petition. Petitions submitted by proposing agents maybe submitted with exclusions for the signatures collected in areasoriginally included in the proposal but subsequently annexed orincorporated separately as a city, town or village, although the governingbody shall be satisfied as to the sufficiency of the signatures for thefinal proposed area. If a majority of the voters voting on the questionvote for incorporation, the governing body shall declare such city, town,or other area incorporated, designating in such order the metes and boundsthereof, and thenceforth the inhabitants within such bounds shall be a bodypolitic and incorporate, by the name and style of "the city of...................................", or "the town of................................", and the first officers of such city ortown shall be designated by the order of the governing body, who shall holdtheir offices until the next municipal election and until their successorsshall be duly elected and qualified. The county shall pay the costs of theelection.
3. In any county with a charter form of government where fifty ormore cities, towns and villages have been incorporated, an unincorporatedcity, town or other area of the state shall not be incorporated except asprovided in sections 72.400 to 72.420.
4. Any unincorporated area with a private eighteen-hole golf coursecommunity and with at least a one hundred acre lake located within anycounty of the first classification with more than eighty-two thousand butless than eighty-two thousand one hundred inhabitants may incorporate as acity of the class to which its population would entitle it pursuant to thischapter notwithstanding any proposed annexation of the unincorporated areaby any city of the third or fourth classification or any home rule citywith more than four hundred thousand inhabitants and located in more thanone county. If any city of the third or fourth classification or any homerule city with more than four hundred thousand inhabitants and located inmore than one county proposes annexation by ordinance or resolution of anyunincorporated area as defined in this subsection, no such annexation shallbecome effective until and only after a majority of the qualified voters inthe unincorporated area proposed to be incorporated fail to approve oroppose the proposed incorporation by a majority vote in the electiondescribed in subsection 2 of this section.
5. Prior to the election described in subsection 2 of this section,if the owner or owners of either the majority of the commercial or themajority of the agricultural classification of real property in theproposed area to be incorporated object to such incorporation, such owneror owners may file an action in the circuit court of the county in whichsuch unincorporated area is situated, pursuant to chapter 527, RSMo,praying for a declaratory judgment requesting that such incorporation bedeclared unreasonable by the court. As used in this subsection, a"majority of the commercial or agricultural classification" means amajority as determined by the assessed valuation of the tracts of realproperty in either classification to be determined by the assessments madeaccording to chapter 137, RSMo. The petition in such action shall statefacts showing that such incorporation including the real property owned bythe petitioners is not reasonable based on the same criteria as specifiedin subsection 3 of section 72.403 and is not necessary to the properdevelopment of the city or town. If the circuit court finds that suchinclusion is not reasonable and necessary, it may enjoin the incorporationor require the petition requesting the incorporation to be resubmittedexcluding all or part of the property of the petitioners from the proposedincorporation.
Cities and towns may be incorporated in their respectiveclasses--exception, certain cities must comply with boundarychange law--exception, Cass County--owners of majority of certainclass of property may object to incorporation, cause ofaction--definition--contents of petition.
72.080. 1. Any unincorporated city, town, or other area of the statemay, except as otherwise provided in sections 72.400 to 72.420, become acity of the class to which its population would entitle it pursuant to thischapter, and be incorporated pursuant to the law for the government ofcities of that class, in the following manner: whenever a number of votersequal to fifteen percent of the votes cast in the last gubernatorialelection in the area proposed to be incorporated shall present a petitionto the governing body of the county in which such city, town, or area issituated, such petition shall describe, by metes and bounds, the area to beincorporated and be accompanied by a plat thereof, shall state theapproximate population and the assessed valuation of all real and personalproperty in the area and shall state facts showing that the proposed cityshall have the ability to furnish normal municipal services within areasonable time after its incorporation is to become effective and prayingthat the question be submitted to determine if it may be incorporated. Ifthe governing body shall be satisfied that a number of voters equal tofifteen percent of the votes cast in the last gubernatorial election in thearea proposed to be incorporated have signed such petition, the governingbody shall submit the question to the voters.
2. The county may make changes in the petition to correct technicalerrors or to redefine the metes and bounds of the area to be incorporatedto reflect other boundary changes occurring within six months prior to thetime of filing the petition. Petitions submitted by proposing agents maybe submitted with exclusions for the signatures collected in areasoriginally included in the proposal but subsequently annexed orincorporated separately as a city, town or village, although the governingbody shall be satisfied as to the sufficiency of the signatures for thefinal proposed area. If a majority of the voters voting on the questionvote for incorporation, the governing body shall declare such city, town,or other area incorporated, designating in such order the metes and boundsthereof, and thenceforth the inhabitants within such bounds shall be a bodypolitic and incorporate, by the name and style of "the city of...................................", or "the town of................................", and the first officers of such city ortown shall be designated by the order of the governing body, who shall holdtheir offices until the next municipal election and until their successorsshall be duly elected and qualified. The county shall pay the costs of theelection.
3. In any county with a charter form of government where fifty ormore cities, towns and villages have been incorporated, an unincorporatedcity, town or other area of the state shall not be incorporated except asprovided in sections 72.400 to 72.420.
4. Any unincorporated area with a private eighteen-hole golf coursecommunity and with at least a one hundred acre lake located within anycounty of the first classification with more than eighty-two thousand butless than eighty-two thousand one hundred inhabitants may incorporate as acity of the class to which its population would entitle it pursuant to thischapter notwithstanding any proposed annexation of the unincorporated areaby any city of the third or fourth classification or any home rule citywith more than four hundred thousand inhabitants and located in more thanone county. If any city of the third or fourth classification or any homerule city with more than four hundred thousand inhabitants and located inmore than one county proposes annexation by ordinance or resolution of anyunincorporated area as defined in this subsection, no such annexation shallbecome effective until and only after a majority of the qualified voters inthe unincorporated area proposed to be incorporated fail to approve oroppose the proposed incorporation by a majority vote in the electiondescribed in subsection 2 of this section.
5. Prior to the election described in subsection 2 of this section,if the owner or owners of either the majority of the commercial or themajority of the agricultural classification of real property in theproposed area to be incorporated object to such incorporation, such owneror owners may file an action in the circuit court of the county in whichsuch unincorporated area is situated, pursuant to chapter 527, RSMo,praying for a declaratory judgment requesting that such incorporation bedeclared unreasonable by the court. As used in this subsection, a"majority of the commercial or agricultural classification" means amajority as determined by the assessed valuation of the tracts of realproperty in either classification to be determined by the assessments madeaccording to chapter 137, RSMo. The petition in such action shall statefacts showing that such incorporation including the real property owned bythe petitioners is not reasonable based on the same criteria as specifiedin subsection 3 of section 72.403 and is not necessary to the properdevelopment of the city or town. If the circuit court finds that suchinclusion is not reasonable and necessary, it may enjoin the incorporationor require the petition requesting the incorporation to be resubmittedexcluding all or part of the property of the petitioners from the proposedincorporation.
Cities and towns may be incorporated in their respectiveclasses--exception, certain cities must comply with boundarychange law--exception, Cass County--owners of majority of certainclass of property may object to incorporation, cause ofaction--definition--contents of petition.
72.080. 1. Any unincorporated city, town, or other area of the statemay, except as otherwise provided in sections 72.400 to 72.420, become acity of the class to which its population would entitle it pursuant to thischapter, and be incorporated pursuant to the law for the government ofcities of that class, in the following manner: whenever a number of votersequal to fifteen percent of the votes cast in the last gubernatorialelection in the area proposed to be incorporated shall present a petitionto the governing body of the county in which such city, town, or area issituated, such petition shall describe, by metes and bounds, the area to beincorporated and be accompanied by a plat thereof, shall state theapproximate population and the assessed valuation of all real and personalproperty in the area and shall state facts showing that the proposed cityshall have the ability to furnish normal municipal services within areasonable time after its incorporation is to become effective and prayingthat the question be submitted to determine if it may be incorporated. Ifthe governing body shall be satisfied that a number of voters equal tofifteen percent of the votes cast in the last gubernatorial election in thearea proposed to be incorporated have signed such petition, the governingbody shall submit the question to the voters.
2. The county may make changes in the petition to correct technicalerrors or to redefine the metes and bounds of the area to be incorporatedto reflect other boundary changes occurring within six months prior to thetime of filing the petition. Petitions submitted by proposing agents maybe submitted with exclusions for the signatures collected in areasoriginally included in the proposal but subsequently annexed orincorporated separately as a city, town or village, although the governingbody shall be satisfied as to the sufficiency of the signatures for thefinal proposed area. If a majority of the voters voting on the questionvote for incorporation, the governing body shall declare such city, town,or other area incorporated, designating in such order the metes and boundsthereof, and thenceforth the inhabitants within such bounds shall be a bodypolitic and incorporate, by the name and style of "the city of...................................", or "the town of................................", and the first officers of such city ortown shall be designated by the order of the governing body, who shall holdtheir offices until the next municipal election and until their successorsshall be duly elected and qualified. The county shall pay the costs of theelection.
3. In any county with a charter form of government where fifty ormore cities, towns and villages have been incorporated, an unincorporatedcity, town or other area of the state shall not be incorporated except asprovided in sections 72.400 to 72.420.
4. Any unincorporated area with a private eighteen-hole golf coursecommunity and with at least a one hundred acre lake located within anycounty of the first classification with more than eighty-two thousand butless than eighty-two thousand one hundred inhabitants may incorporate as acity of the class to which its population would entitle it pursuant to thischapter notwithstanding any proposed annexation of the unincorporated areaby any city of the third or fourth classification or any home rule citywith more than four hundred thousand inhabitants and located in more thanone county. If any city of the third or fourth classification or any homerule city with more than four hundred thousand inhabitants and located inmore than one county proposes annexation by ordinance or resolution of anyunincorporated area as defined in this subsection, no such annexation shallbecome effective until and only after a majority of the qualified voters inthe unincorporated area proposed to be incorporated fail to approve oroppose the proposed incorporation by a majority vote in the electiondescribed in subsection 2 of this section.
5. Prior to the election described in subsection 2 of this section,if the owner or owners of either the majority of the commercial or themajority of the agricultural classification of real property in theproposed area to be incorporated object to such incorporation, such owneror owners may file an action in the circuit court of the county in whichsuch unincorporated area is situated, pursuant to chapter 527, RSMo,praying for a declaratory judgment requesting that such incorporation bedeclared unreasonable by the court. As used in this subsection, a"majority of the commercial or agricultural classification" means amajority as determined by the assessed valuation of the tracts of realproperty in either classification to be determined by the assessments madeaccording to chapter 137, RSMo. The petition in such action shall statefacts showing that such incorporation including the real property owned bythe petitioners is not reasonable based on the same criteria as specifiedin subsection 3 of section 72.403 and is not necessary to the properdevelopment of the city or town. If the circuit court finds that suchinclusion is not reasonable and necessary, it may enjoin the incorporationor require the petition requesting the incorporation to be resubmittedexcluding all or part of the property of the petitioners from the proposedincorporation.
