FIRST REGULAR SESSION
HOUSE BILL NO. 647
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HICKEY AND O'CONNER (Co-sponsors).
Read 1st time February 5, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal section 305.200, RSMo 2000, relating to the acquisition of property for airports and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 305.200, RSMo 2000, is repealed and one new section enacted in lieu thereof, to be known as section 305.200, to read as follows:
305.200. 1. Any county, city or city under special charter shall have the power to acquire by purchase, property for an airport or landing field or addition thereto, and if unable to agree with the owners on the terms thereof, may acquire such property by condemnation in the manner provided by law under which such county or city is authorized to acquire real property for public purposes, or if there be no such law, then in the same manner as is now provided by law for the condemnation of property by any railroad corporation. If any property heretofore or hereafter acquired by any county, city or city under special charter for use as an airport or landing field shall not have been used for an airport or landing field within ten years after the acquisition of said property for such purpose, then upon the expiration of ten years after said acquisition, or upon the enactment of this statute if such ten-year period has already expired, title to such property shall vest in the municipality in which such property is located, or in the county in which such property is located if such property is in an unincorporated area. The county or city acquiring title to such property pursuant to this section may confirm its title to such property by bringing an action to quiet title in the circuit court of the county in which such property is located, and shall join as a respondent in such action the owner of record of such property.
2. The term "property" as used in this section shall mean and include any real and personal property whether privately or publicly owned or any easement or use therein, including, but not by way of limitation, property owned by school districts, water districts, fire districts, road districts, sewer districts, drainage districts, levee districts, railroads, and property both real and personal owned by any other corporation and shall include churches, graveyards, graveyard associations, parks, private roads, bridges, culverts, pipelines, waterlines, water reservoirs or storage tanks, canals, ditches, and levees, railroads or other rights-of-way, streetcar or traction lines and tracks, telegraph, telephone and power lines, poles and conduits and including state roads or roads under the jurisdiction of the state highways and transportation commission.
3. The purchase price or the award of compensation or damages for the taking of any real or personal property or any easement or use therein acquired for an airport or a landing field or any addition thereto may be paid for wholly or in part from the proceeds of the sale of bonds of such county, city or city under special charter as the governmental or legislative body of such county, city or city under special charter shall determine, subject, however, to the adoption of a proposition therefor at any election to be held in such county, city or city under special charter for such purpose; also to permit said municipality or municipalities mentioned in this section to issue revenue bonds for said above mentioned purpose on authority of the governing body of said municipality; provided, that no airport or landing field shall be established or located in any county, city or city under special charter in violation of any plan or master airport plan or zoning regulation restricting the location of an airport or landing field adopted by the planning commission of any such county, city or city under special charter.
4. If any property heretofore or hereafter acquired by any county, city or city under special charter for purposes of
airport noise mitigation pursuant to any federal or state program of airport noise mitigation is still owned by such
city or county five years after the acquisition for such purpose, then upon the expiration of five years after said
acquisition, or upon the enactment of this statute if such five-year period shall have already expired, title to such
property shall vest in the municipality in which such property is located, or in the county in which such property is
located if such property is in an unincorporated area. Title to such property shall remain subject to any Federal
Aviation Administration required air rights or air easements encumbering the property. Such property may
thereafter be zoned and used only for purposes compatible with Federal Aviation Administration airport noise
mitigation regulations if such property remains subject to Federal Aviation Administration noise mitigation
regulations. The city or county acquiring title to such property may confirm its title to such property by bringing
an action to quiet title in the circuit court of the county in which such property is located, and shall join as a
respondent in such action the owner of record of such property.
Missouri House of Representatives