Abeyance of water and sewer assessments, when--applicability--charges,when paid, amount--notice provided, contents--disputes,procedure.
262.802. 1. This state or any political subdivision of this stateshall hold water and sewer assessments in abeyance, without interest, untilimprovements on such property are connected to the water or sewer systemfor which the assessment was made. However, if a political subdivisionrequires the property to be connected to the sewer system of the politicalsubdivision pursuant to section 644.027, RSMo, such connection shall nottrigger the payment of the assessment.
2. The provisions of this section shall apply only to tracts of realproperty:
(1) Comprised of ten or more contiguous acres; and
(2) Used for farming purposes.
3. At the time improvements on such property are connected to thewater or sewer system, the owner shall pay to the political subdivision anamount equal to the proportionate charge for the number of system linesconnected to improvements on such property.
4. The owner shall not be charged based on the total cost of runningthe water or sewer system to or across the owner's real property. Rather,the assessment shall be based on:
(1) A reasonable hookup charge;
(2) A proportionate charge for the number of improvements requestedto be connected to such assessments in relation to the total capacity ofthe system; and
(3) The anticipated proportionate burden to the system.
5. The period of abeyance shall end when the property ceases to beused for farming purposes.
6. When the period of abeyance ends, the assessment is payable inaccordance with the terms set forth in the assessment resolution, so longas such terms are not inconsistent with sections 262.800 to 262.810. Tothe extent that such terms are inconsistent, the provisions of sections262.800 to 262.810 shall control.
7. All statutes of limitation pertaining to action for enforcement ofpayment for assessments shall be suspended during the time that anyassessment is held in abeyance without interest.
8. In addition to any other federal, state or local requirementsconcerning assessments for improvements, the political subdivisionresponsible for assessments shall notify owners of all properties which areproposed to be assessed of the amount proposed to be charged and the termsof payment for each improvement and that the property may be subject toprotection according to the provisions of the Missouri farmland protectionact.
(1) The notice shall:
(a) Be provided in writing to the owners and all parties of recordedinterest, at the address listed on records of the county for the receipt ofreal property tax statements for such tract of land;
(b) Be sent certified mail, return receipt requested, restricteddelivery to addressee;
(c) Clearly state the total amount of the proposed assessment forsaid parcel of real property;
(d) State in the body of the letter as follows:
"As owners of the property proposed to be assessed, you have onehundred eighty days from the date of receipt of this notice to accept, inwriting, the amount of the assessment stated herein or to dispute theamount by filing an action in the circuit court of the county where thereal property is located. If your property is comprised of ten or morecontiguous acres, your property may be eligible for protection from paymentof the assessment under the Missouri Farmland Protection Act as provided inchapter 262, RSMo, and you have sixty days from the date of receipt of thisnotice to notify (the political subdivision proposing the assessment), inwriting, of your intent to claim protection for your property under theAct. Whether or not you claim the protection under the Farmland ProtectionAct, you have the right to dispute the amount of the assessment in circuitcourt.";
(e) Owners must be given the address for sending notice to thepolitical subdivision with the letter; and
(f) A copy of the farmland protection act shall be included with theletter.
(2) An owner claiming protection under the farmland protection actdoes not forfeit the right to contest the amount of the assessment.
9. Any owner of property proposed to be assessed who chooses todispute the amount of the assessment shall file an action disputing theamount of the assessment in the circuit court of the county in which thereal property subject to the assessment is located. The action disputingthe assessment must be filed within one hundred eighty days of receipt ofthe notice in subsection 8 of this section.
10. Any political subdivision that disputes the applicability of thefarmland protection act to property proposed to be assessed shall file anaction in the circuit court of the county in which the real propertysubject to the assessment is located to dispute the applicability of thefarmland protection act to said parcel of real property. Such action mustbe filed within thirty days of receipt of the notice of the claim forprotection under the farmland protection act.
11. Nothing in this section shall be construed as diminishing theauthority of counties or other political subdivisions to hold assessmentsin abeyance.
12. The provisions of this section shall not apply to public watersupply districts as defined by sections 247.010 to 247.227, RSMo, exceptthat a public water supply district shall not require payment fromlandowners whose property is crossed to service another tract of land untilany improvement on such property is connected to the rural water supplydistrict. At the time such connection is made, the provisions of thefarmland protection act shall apply.
13. In a city with a population of at least four hundred thousandlocated in more than one county, the assessments on a tract of propertyentitled to protection pursuant to the provisions of the farmlandprotection act shall be held in abeyance except that an initial payment ofan amount not to exceed five hundred dollars per acre of the tract, up toan amount not to exceed ten thousand dollars may be assessed at the time offinal judgment concerning the amount of the assessment or upon mutualagreement of the parties as to the amount of the assessment. In all otherrespects, the provisions of the farmland protection act shall apply.
14. If a political subdivision files any action challenging theconstitutionality or to have all or any portion declared null and void orfor declaratory judgment of sections 262.800 to 262.810, the state shall beadded as a party to any such action and the attorney general of Missourishall defend such action. Any owner of property that is subject to theprovisions of the farmland protection act shall have the right to beapprised of the status of such action. If the property owner requestsseparate representation in writing, the attorney general may appoint aspecial assistant attorney general if the property owner asserts anargument in conflict with the arguments asserted by the attorney general.Such special assistant attorney general may continue to represent theproperty owner for purposes of all appeals. If the political subdivisionfails to prevail, whether in whole or in part, in its action, the entirecost of providing representation to the landowner, including reasonableattorney fees and costs, shall be fully reimbursed to the state of Missouriby the political subdivision.
Abeyance of water and sewer assessments, when--applicability--charges,when paid, amount--notice provided, contents--disputes,procedure.
262.802. 1. This state or any political subdivision of this stateshall hold water and sewer assessments in abeyance, without interest, untilimprovements on such property are connected to the water or sewer systemfor which the assessment was made. However, if a political subdivisionrequires the property to be connected to the sewer system of the politicalsubdivision pursuant to section 644.027, RSMo, such connection shall nottrigger the payment of the assessment.
2. The provisions of this section shall apply only to tracts of realproperty:
(1) Comprised of ten or more contiguous acres; and
(2) Used for farming purposes.
3. At the time improvements on such property are connected to thewater or sewer system, the owner shall pay to the political subdivision anamount equal to the proportionate charge for the number of system linesconnected to improvements on such property.
4. The owner shall not be charged based on the total cost of runningthe water or sewer system to or across the owner's real property. Rather,the assessment shall be based on:
(1) A reasonable hookup charge;
(2) A proportionate charge for the number of improvements requestedto be connected to such assessments in relation to the total capacity ofthe system; and
(3) The anticipated proportionate burden to the system.
5. The period of abeyance shall end when the property ceases to beused for farming purposes.
6. When the period of abeyance ends, the assessment is payable inaccordance with the terms set forth in the assessment resolution, so longas such terms are not inconsistent with sections 262.800 to 262.810. Tothe extent that such terms are inconsistent, the provisions of sections262.800 to 262.810 shall control.
7. All statutes of limitation pertaining to action for enforcement ofpayment for assessments shall be suspended during the time that anyassessment is held in abeyance without interest.
8. In addition to any other federal, state or local requirementsconcerning assessments for improvements, the political subdivisionresponsible for assessments shall notify owners of all properties which areproposed to be assessed of the amount proposed to be charged and the termsof payment for each improvement and that the property may be subject toprotection according to the provisions of the Missouri farmland protectionact.
(1) The notice shall:
(a) Be provided in writing to the owners and all parties of recordedinterest, at the address listed on records of the county for the receipt ofreal property tax statements for such tract of land;
(b) Be sent certified mail, return receipt requested, restricteddelivery to addressee;
(c) Clearly state the total amount of the proposed assessment forsaid parcel of real property;
(d) State in the body of the letter as follows:
"As owners of the property proposed to be assessed, you have onehundred eighty days from the date of receipt of this notice to accept, inwriting, the amount of the assessment stated herein or to dispute theamount by filing an action in the circuit court of the county where thereal property is located. If your property is comprised of ten or morecontiguous acres, your property may be eligible for protection from paymentof the assessment under the Missouri Farmland Protection Act as provided inchapter 262, RSMo, and you have sixty days from the date of receipt of thisnotice to notify (the political subdivision proposing the assessment), inwriting, of your intent to claim protection for your property under theAct. Whether or not you claim the protection under the Farmland ProtectionAct, you have the right to dispute the amount of the assessment in circuitcourt.";
(e) Owners must be given the address for sending notice to thepolitical subdivision with the letter; and
(f) A copy of the farmland protection act shall be included with theletter.
(2) An owner claiming protection under the farmland protection actdoes not forfeit the right to contest the amount of the assessment.
9. Any owner of property proposed to be assessed who chooses todispute the amount of the assessment shall file an action disputing theamount of the assessment in the circuit court of the county in which thereal property subject to the assessment is located. The action disputingthe assessment must be filed within one hundred eighty days of receipt ofthe notice in subsection 8 of this section.
10. Any political subdivision that disputes the applicability of thefarmland protection act to property proposed to be assessed shall file anaction in the circuit court of the county in which the real propertysubject to the assessment is located to dispute the applicability of thefarmland protection act to said parcel of real property. Such action mustbe filed within thirty days of receipt of the notice of the claim forprotection under the farmland protection act.
11. Nothing in this section shall be construed as diminishing theauthority of counties or other political subdivisions to hold assessmentsin abeyance.
12. The provisions of this section shall not apply to public watersupply districts as defined by sections 247.010 to 247.227, RSMo, exceptthat a public water supply district shall not require payment fromlandowners whose property is crossed to service another tract of land untilany improvement on such property is connected to the rural water supplydistrict. At the time such connection is made, the provisions of thefarmland protection act shall apply.
13. In a city with a population of at least four hundred thousandlocated in more than one county, the assessments on a tract of propertyentitled to protection pursuant to the provisions of the farmlandprotection act shall be held in abeyance except that an initial payment ofan amount not to exceed five hundred dollars per acre of the tract, up toan amount not to exceed ten thousand dollars may be assessed at the time offinal judgment concerning the amount of the assessment or upon mutualagreement of the parties as to the amount of the assessment. In all otherrespects, the provisions of the farmland protection act shall apply.
14. If a political subdivision files any action challenging theconstitutionality or to have all or any portion declared null and void orfor declaratory judgment of sections 262.800 to 262.810, the state shall beadded as a party to any such action and the attorney general of Missourishall defend such action. Any owner of property that is subject to theprovisions of the farmland protection act shall have the right to beapprised of the status of such action. If the property owner requestsseparate representation in writing, the attorney general may appoint aspecial assistant attorney general if the property owner asserts anargument in conflict with the arguments asserted by the attorney general.Such special assistant attorney general may continue to represent theproperty owner for purposes of all appeals. If the political subdivisionfails to prevail, whether in whole or in part, in its action, the entirecost of providing representation to the landowner, including reasonableattorney fees and costs, shall be fully reimbursed to the state of Missouriby the political subdivision.
Abeyance of water and sewer assessments, when--applicability--charges,when paid, amount--notice provided, contents--disputes,procedure.
262.802. 1. This state or any political subdivision of this stateshall hold water and sewer assessments in abeyance, without interest, untilimprovements on such property are connected to the water or sewer systemfor which the assessment was made. However, if a political subdivisionrequires the property to be connected to the sewer system of the politicalsubdivision pursuant to section 644.027, RSMo, such connection shall nottrigger the payment of the assessment.
2. The provisions of this section shall apply only to tracts of realproperty:
(1) Comprised of ten or more contiguous acres; and
(2) Used for farming purposes.
3. At the time improvements on such property are connected to thewater or sewer system, the owner shall pay to the political subdivision anamount equal to the proportionate charge for the number of system linesconnected to improvements on such property.
4. The owner shall not be charged based on the total cost of runningthe water or sewer system to or across the owner's real property. Rather,the assessment shall be based on:
(1) A reasonable hookup charge;
(2) A proportionate charge for the number of improvements requestedto be connected to such assessments in relation to the total capacity ofthe system; and
(3) The anticipated proportionate burden to the system.
5. The period of abeyance shall end when the property ceases to beused for farming purposes.
6. When the period of abeyance ends, the assessment is payable inaccordance with the terms set forth in the assessment resolution, so longas such terms are not inconsistent with sections 262.800 to 262.810. Tothe extent that such terms are inconsistent, the provisions of sections262.800 to 262.810 shall control.
7. All statutes of limitation pertaining to action for enforcement ofpayment for assessments shall be suspended during the time that anyassessment is held in abeyance without interest.
8. In addition to any other federal, state or local requirementsconcerning assessments for improvements, the political subdivisionresponsible for assessments shall notify owners of all properties which areproposed to be assessed of the amount proposed to be charged and the termsof payment for each improvement and that the property may be subject toprotection according to the provisions of the Missouri farmland protectionact.
(1) The notice shall:
(a) Be provided in writing to the owners and all parties of recordedinterest, at the address listed on records of the county for the receipt ofreal property tax statements for such tract of land;
(b) Be sent certified mail, return receipt requested, restricteddelivery to addressee;
(c) Clearly state the total amount of the proposed assessment forsaid parcel of real property;
(d) State in the body of the letter as follows:
"As owners of the property proposed to be assessed, you have onehundred eighty days from the date of receipt of this notice to accept, inwriting, the amount of the assessment stated herein or to dispute theamount by filing an action in the circuit court of the county where thereal property is located. If your property is comprised of ten or morecontiguous acres, your property may be eligible for protection from paymentof the assessment under the Missouri Farmland Protection Act as provided inchapter 262, RSMo, and you have sixty days from the date of receipt of thisnotice to notify (the political subdivision proposing the assessment), inwriting, of your intent to claim protection for your property under theAct. Whether or not you claim the protection under the Farmland ProtectionAct, you have the right to dispute the amount of the assessment in circuitcourt.";
(e) Owners must be given the address for sending notice to thepolitical subdivision with the letter; and
(f) A copy of the farmland protection act shall be included with theletter.
(2) An owner claiming protection under the farmland protection actdoes not forfeit the right to contest the amount of the assessment.
9. Any owner of property proposed to be assessed who chooses todispute the amount of the assessment shall file an action disputing theamount of the assessment in the circuit court of the county in which thereal property subject to the assessment is located. The action disputingthe assessment must be filed within one hundred eighty days of receipt ofthe notice in subsection 8 of this section.
10. Any political subdivision that disputes the applicability of thefarmland protection act to property proposed to be assessed shall file anaction in the circuit court of the county in which the real propertysubject to the assessment is located to dispute the applicability of thefarmland protection act to said parcel of real property. Such action mustbe filed within thirty days of receipt of the notice of the claim forprotection under the farmland protection act.
11. Nothing in this section shall be construed as diminishing theauthority of counties or other political subdivisions to hold assessmentsin abeyance.
12. The provisions of this section shall not apply to public watersupply districts as defined by sections 247.010 to 247.227, RSMo, exceptthat a public water supply district shall not require payment fromlandowners whose property is crossed to service another tract of land untilany improvement on such property is connected to the rural water supplydistrict. At the time such connection is made, the provisions of thefarmland protection act shall apply.
13. In a city with a population of at least four hundred thousandlocated in more than one county, the assessments on a tract of propertyentitled to protection pursuant to the provisions of the farmlandprotection act shall be held in abeyance except that an initial payment ofan amount not to exceed five hundred dollars per acre of the tract, up toan amount not to exceed ten thousand dollars may be assessed at the time offinal judgment concerning the amount of the assessment or upon mutualagreement of the parties as to the amount of the assessment. In all otherrespects, the provisions of the farmland protection act shall apply.
14. If a political subdivision files any action challenging theconstitutionality or to have all or any portion declared null and void orfor declaratory judgment of sections 262.800 to 262.810, the state shall beadded as a party to any such action and the attorney general of Missourishall defend such action. Any owner of property that is subject to theprovisions of the farmland protection act shall have the right to beapprised of the status of such action. If the property owner requestsseparate representation in writing, the attorney general may appoint aspecial assistant attorney general if the property owner asserts anargument in conflict with the arguments asserted by the attorney general.Such special assistant attorney general may continue to represent theproperty owner for purposes of all appeals. If the political subdivisionfails to prevail, whether in whole or in part, in its action, the entirecost of providing representation to the landowner, including reasonableattorney fees and costs, shall be fully reimbursed to the state of Missouriby the political subdivision.
