KLINDT, MYERS (Co-sponsors) AND HEGEMAN.
Read 1st time January 27, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 64, RSMo, relating to county planning and zoning by adding thereto ten new sections relating to the farmland preservation enabling act.
Section A. Chapter 64, RSMo, is amended by adding thereto ten new sections, to be known as sections 64.990, 64.993, 64.996, 64.999, 64.1002, 64.1005, 64.1008, 64.1011, 64.1014 and 64.1017, to read as follows:
64.990. Sections 64.990 to 64.1017 shall be known and may be cited as the "Farmland Preservation Enabling Act".
64.993. A county may by ordinance and shall, upon the petition of at least three percent of the voters in the previous gubernatorial election, establish a farmland preservation program pursuant to sections 64.990 to 64.1017. The ordinance shall authorize qualifying farms, as defined in section 64.996, to take advantage of one or more of the benefits authorized by sections 64.990 to 64.1017.
64.996. In order for farmland to qualify pursuant to sections 64.990 to 64.1017, it must be real property that:
(1) Is certified by the Natural Resources Conservation Service of the United States Department of Agriculture as being a farm on which at least two-thirds of the land is composed of soils that:
(a) Are best suited for providing food, seed, fiber, forage, timber and oil seed crops; and
(b) Have soil qualities adequate for such crops; and
(c) Are favorable for crops common to the county where the land is located; and
(d) On which at least two-thirds of the land has been used in agricultural, horticultural or forestry operations during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. The term "agricultural" shall be defined as including all activities normally recognized as agricultural in nature, including but not limited to the management, breeding or boarding of equines, cattle, llamas swine, ostrich, emu, sheep, poultry, elk, reindeer, mules or the production of forage, crops, seed, fiber or timber; and
(2) Is managed in accordance with the Natural Resources Conservation Service defined erosion control practices that are addressed to highly erodible land; and
(3) Is the subject of a conservation agreement between the soil and water conservation district board for the county in which the real property is located or which services the real property and the owner of such land that prohibits nonfarm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations.
64.999. 1. By written notice to the county, the landowner may revoke the farmland preservation agreement referred to in section 64.996, as follows:
(1) The revocation may be given in the last year of the ten-year period referred to in section 64.996;
(2) Such revocation shall result in loss of qualifying farm status; and
(3) If not revoked, the farmland preservation agreement shall automatically renew in successive five-year increments under the same conditions as the initial ten-year period, unless any changes are mutually agreed to in writing by the landowner and the soil and water conservation district board.
2. If the landowner breaches the terms of the farmland preservation agreement, any tax reduction the landowner obtained for participation in the program shall be repaid to the county with interest and penalties from the date of the inception of the farmland preservation agreement or for a period of five years, whichever is the lesser period of time.
64.1002. 1. An ordinance adopted pursuant to sections 64.990 to 64.1017 shall provide:
(1) For the establishment of voluntary farmland preservation districts consisting initially of at least the number of contiguous acres of qualifying farmland or the number of qualifying farms deemed appropriate by the county soil and water conservation district board;
(2) For real property to be included in the voluntary agricultural district, the property shall be comprised of a number of contiguous acres to be determined by the board but the minimum amount of contiguous acres necessary to participate in the program may not be set at an amount greater than ten contiguous acres;
(3) For the formation of such districts upon the execution by the owners of the requisite acreage of an agreement to sustain agriculture, horticulture or forestry in the district;
(4) That the form of this agreement shall be reviewed and approved by the county soil and water conservation district board; and
(5) That the farmland preservation program shall be governed by the county soil and water conservation district board.
2. The purpose of such voluntary farmland preservation districts shall be to:
(1) Protect agricultural, horticultural and forestry land;
(2) Promote the continued economic viability of agriculture, horticulture and forestry as a business;
(3) Promote the continued economic viability of those businesses dependent on providing materials, equipment and services to agriculture, horticulture or forestry;
(4) Promote quality of life in the agriculture community;
(5) Protect agriculture, horticulture and forestry lands that are properly managed from negative impacts.
3. The county may take such action as it deems appropriate to encourage the formation of such voluntary farmland preservation districts and to further their purposes and objectives.
64.1005. The county assessor in any county adopting a farmland preservation program as authorized in sections 64.990 to 64.1017 shall grade any agricultural and horticultural property enrolled in the farmland preservation program one grade lower than the grade set pursuant to the provisions of section 137.021, RSMo, so long as such land retains qualifying farm status and the owner of the land is not in breach of the farmland preservation agreement.
64.1008. 1. Any county that has a computerized land records system may require that such records include some form of notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of a qualifying farm or within one-half mile of a voluntary farmland preservation district.
2. In no event shall the county or any of its officers, employees or agents be held liable in damages for any misfeasance, malfeasance or nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted pursuant to subsection 1 of this section.
3. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary farmland preservation district.
64.1011. 1. The state or any political subdivision shall hold water and sewer assessments in abeyance, with or without interest, until improvements on such property are connected to the water or sewer system for which the assessment was made.
2. This section shall only apply to tracts of real property:
(1) Comprised of ten or more contiguous acres; and
(2) Used as agricultural or single family residential property or both; and
(3) Not in a platted subdivision.
3. At the time improvements on such property are connected to either the water or sewer system, the owner shall pay to the political subdivision an amount equal to the proportionate charge for the number of system lines connected to improvements on such property.
4. The owner shall not be charged based on the total cost of running the water or sewer assessments to or across the owner's real property. Rather, the assessment shall be based on:
(1) A reasonable hookup charge; and
(2) A proportionate charge for the number of improvements requested to be connected to such assessments in relation to the total capacity of the system; and
(3) The anticipated proportionate burden to the system; and
(4) Reasonable interest charges, if any, covering the period between construction of the lines for which the assessment is charged and the date on which the owner's hookup will be made.
5. The period of abeyance shall end when the owner exercises the option to connect to the improvements for which the assessment was made.
6. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution, so long as said terms are not inconsistent with sections 64.990 to 64.1017. To the extent that such terms are inconsistent, the provisions of sections 64.990 to 64.1017 shall control.
7. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.
8. The political subdivision responsible for assessments shall notify the owner of the amount proposed to be charged and the terms of payment for each improvement requested to be connected to said assessment. The notice shall:
(1) Be provided in writing to the owner at the address provided by the owner as the address for receiving receipt of notice;
(2) Be sent by certified mail, return receipt requested within forty-five days of receipt of the request for hookup from the owner;
(3) State in the body of the letter as follows: "As owner of the property proposed to be assessed, you have thirty days from the date of receipt of this notice to accept, in writing, the amount of the assessment stated herein or to appeal the amount to the circuit court of the county where the real property is located".
9. If the owner disputes the amount of assessment when the period of abeyance ends, the owner may appeal the amount of the assessment to the circuit court of the county in which the application was filed within thirty days of the receipt of the notice.
10. Nothing in this section is intended to diminish the authority of counties to hold assessments in abeyance.
64.1014. A county adopting an ordinance pursuant to sections 64.990 to 64.1017 may consult with the director of the department of agriculture or the director's staff before adoption, and shall record the ordinance with the director's office after adoption. Thereafter, the county soil and water conservation board shall submit to the director at least once a year, a written report including the status, progress and activities of the county's farmland preservation program pursuant to sections 64.990 to 64.1017. The contents of the status, progress and activities report shall be at the discretion of the county soil and water conservation district board and shall not be governed by rules of the department of agriculture.
64.1017. Property enrolled in the farmland preservation program may not be taken in whole or in part by any
political subdivision of this state by eminent domain unless a two-thirds majority of the total number of
authorized members of the soil and water conservation board vote to support such taking by eminent
domain.
Missouri House of
Representatives