Missouri Revised Statutes
Chapter 247
Public Water Supply Districts
←247.030
Section 247.031.1
247.035→
August 28, 2015
Detachment from district, when--procedure--costs--petition form.
247.031. 1. Territory included in a district that is not being served by
such district may be detached from such district provided that there are no
outstanding general obligation or special obligation bonds and no contractual
obligations of greater than twenty-five thousand dollars for debt that
pertains to infrastructure, fixed assets or obligations for the purchase of
water. If any such bonds or debt is outstanding, and the written consent of
the holders of such bonds or the creditors to such debt is obtained, then such
territory may be detached in spite of the existence of such bonds or debt,
except such consent shall not be required for special obligation bonds if the
district has no water lines or other facilities located within any of the
territory detached. Detachment may be made by the filing of a petition with
the circuit court in which the district was incorporated. The petition shall
contain a description of the tract to be detached and a statement that the
detachment is in the best interest of the district or the inhabitants and
property owners of the territory to be detached, together with the facts
supporting such allegation. The petition may be submitted by the district
acting through its board of directors, in which case the petition shall be
signed by a majority of the board of directors of the district. The petition
may also be submitted by voters residing in or by landowners owning land in
the territory sought to be detached. If there are more than ten voters and
landowners in such territory, the petition shall be signed by five or more
voters or landowners within the territory; if there are less than ten voters
and landowners within such territory, the petition shall be signed by fifty
percent or more of the voters and landowners within the territory. In the
event there are no voters living within such territory proposed to be
detached, then the petition may be submitted by owners of more than fifty
percent of the land in the territory proposed to be detached, in which case
said petition shall be signed by the owners so submitting the petition. In
the event the petition is not submitted by the district acting through its
board of directors, the petitioner shall name the district as a defendant and
serve a copy of the petition upon the district by certified or registered
mail with a return receipt requested at least thirty-five days before the
date of the hearing of the petition.
2. Such petition shall be filed in the circuit court having jurisdiction
and the court shall set a date for hearing on the proposed detachment and the
clerk of the circuit court shall give notice of the filing of the petition
and the hearing to the district by certified or registered mail with a return
receipt requested if the district is not the petitioner, and in a newspaper
of general circulation in the county in which the proceedings are pending and
in a newspaper of general circulation in the territory proposed to be
detached. Such notice shall be published in three consecutive issues of a
weekly newspaper, or in lieu thereof, in twenty consecutive issues of a daily
newspaper. The last insertion of the notice shall be made not less than
seven nor more than twenty-one days before the hearing date. Such notice
shall be substantially as follows:
IN THE CIRCUIT COURT OF ....................COUNTY, MISSOURI
NOTICE OF THE FILING OF A PETITION FOR TERRITORIAL DETACHMENT FROM PUBLIC
WATER SUPPLY DISTRICT NO. ........ OF .................... COUNTY, MISSOURI.
To all voters and landowners of land within the boundaries of the
above-described district:
You are hereby notified:
1. That a petition has been filed in this court for the detachment of
the following tracts of land from the above-named public water supply
district, as provided by law:
(Describe tracts of land).
2. That a hearing on said petition will be held before this court in
..... on the ..... day of ........, 20 ..., at ...., ....m.
3. Exceptions or objections to the detachment of said tracts from
said public water supply district may be made by the district or any voter or
landowner of land within the district from which territory is sought to be
detached, provided such exceptions or objections are in writing, specify the
grounds on which they are made, and are filed with the court not later than
five days prior to the date of the hearing of the petition.
4. The names and addresses of the attorneys for the petitioner are:
............................ ....................
Clerk of the Circuit Court of
.................. County, Missouri
3. The court, for good cause shown, may continue the case or the hearing
thereon from time to time until final disposition thereof.
4. Exceptions or objections to the detachment of such territory may be
made by any voter or landowner within the boundaries of the district,
including the territory to be detached. In the event the petition is not
submitted by the district acting through its board of directors, the district
may file exceptions or objections. Exceptions or objections shall be in
writing, shall specify the grounds upon which they are made, and shall be
filed not later than five days before the date set for hearing the petition.
In considering the petition for detachment, the court shall take into
consideration the evidence in support of and opposition to the petition,
including such exceptions and objections. If the court finds that the
detachment will be in the best interest of the district and the inhabitants
and landowners of the area to be detached will not be adversely affected or
if the court finds that the detachment will be in the best interest of the
inhabitants and landowners of the territory to be detached and will not
adversely affect the remainder of the district, it shall approve the
detachment and grant the petition.
5. If the court approves the detachment, it shall make its order
detaching the territory described in the petition from the remainder of the
district, or in the event it shall find that only a portion of said territory
should be detached, the court shall order such portion detached from the
district. The court shall also make any changes in subdistrict boundary lines
it deems necessary to meet the requirements of sections 247.010 to 247.220.
Any subdistrict line changes shall not become effective until the next annual
election of a member of the board of directors.
6. A certified copy of the court's order shall be filed in the office of
the recorder of deeds and in the office of the county clerk in each county in
which any of the territory of the district prior to detachment is located,
and in the office of the secretary of state. Costs of the proceeding shall be
borne by the petitioner or petitioners.
(L. 1988 H.B. 962, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985, A.L.
2009 S.B. 196)
2002
2000
2002
247.031. 1. Territory included in a district that is not being
served by such district may be detached from such district provided that
there are no outstanding general obligation or special obligation bonds and
no contractual obligations of greater than twenty-five thousand dollars for
debt that pertains to infrastructure, fixed assets or obligations for the
purchase of water. If any such bonds or debt is outstanding, and the
written consent of the holders of such bonds or the creditors to such debt
is obtained, then such territory may be detached in spite of the existence
of such bonds or debt, except such consent shall not be required for
special obligation bonds if the district has no water lines or other
facilities located within any of the territory detached. Detachment may be
made by the filing of a petition with the circuit court in which the
district was incorporated. The petition shall contain a description of the
tract to be detached and a statement that the detachment is in the best
interest of the district or the inhabitants and property owners of the
territory to be detached, together with the facts supporting such
allegation. The petition may be submitted by the district acting through
its board of directors, in which case the petition shall be signed by a
majority of the board of directors of the district. The petition may also
be submitted by voters residing in or by landowners owning land in the
territory sought to be detached. If there are more than ten voters and
landowners in such territory, the petition shall be signed by five or more
voters or landowners within the territory; if there are less than ten
voters and landowners within such territory, the petition shall be signed
by fifty percent or more of the voters and landowners within the territory.
In the event there are no voters living within such territory proposed to
be detached, then the petition may be submitted by owners of more than
fifty percent of the land in the territory proposed to be detached, in
which case said petition shall be signed by the owners so submitting the
petition.
2. Such petition shall be filed in the circuit court having
jurisdiction and the court shall set a date for hearing on the proposed
detachment and the clerk shall give notice thereof in three consecutive
issues of a weekly newspaper in each county in which any portion of the
territory proposed to be detached lies, or in lieu thereof, in twenty
consecutive issues of a daily newspaper in each county in which any portion
of the tract proposed to be detached lies; the last insertion of the notice
to be made not less than seven nor more than twenty-one days before the
hearing. Such notice shall be substantially as follows:
IN THE CIRCUIT COURT OF
........... COUNTY, MISSOURI
NOTICE OF THE FILING OF A PETITION FOR
TERRITORIAL DETACHMENT FROM
PUBLIC WATER SUPPLY DISTRICT NO. ....
OF ............. COUNTY, MISSOURI.
To all voters and landowners of land within the boundaries of the
above-described district:
You are hereby notified:
1. That a petition has been filed in this court for the detachment of
the following tracts of land from the above-named public water supply
district, as provided by law:
(Describe tracts of land).
2. That a hearing on said petition will be held before this court on
the ..... day of ........, 20 ..., at ...., ....m.
3. Exceptions or objections to the detachment of said tracts from
said public water supply district may be made by any voter or landowner of
land within the district from which territory is sought to be detached,
provided such exceptions or objections are in writing not less than five
days prior to the date set for hearing on the petition.
4. The names and addresses of the attorneys for the petitioner are:
..............................
Clerk of the Circuit Court of
................. County, Missouri
3. The court, for good cause shown, may continue the case or the
hearing thereon from time to time until final disposition thereof.
4. Exceptions or objections to the detachment of such territory may
be made by any voter or landowner within the boundaries of the district,
including the territory to be detached. The exceptions or objections shall
be in writing and shall specify the grounds upon which they are made and
shall be filed not later than five days before the date set for hearing the
petition. If any such exceptions or objections are filed, the court shall
take them into consideration when considering the petition for detachment
and the evidence in support of detachment. If the court finds that the
detachment will be in the best interest of the district and the inhabitants
and landowners of the area to be detached will not be adversely affected or
if the court finds that the detachment will be in the best interest of the
inhabitants and landowners of the territory to be detached and will not
adversely affect the remainder of the district, it shall approve the
detachment and grant the petition.
5. If the court approves the detachment, it shall make its order
detaching the territory described in the petition from the remainder of the
district, or in the event it shall find that only a portion of said
territory should be detached, the court shall order such portion detached
from the district. The court shall also make any changes in subdistrict
boundary lines it deems necessary to meet the requirements of sections
247.010 to 247.220. Any subdistrict line changes shall not become
effective until the next annual election of a member of the board of
directors.
6. A certified copy of the court's order shall be filed in the office
of the recorder and in the office of the county clerk in each county in
which any of the territory of the district prior to detachment is located,
and in the office of the secretary of state. Costs of the proceeding shall
be borne by the petitioner or petitioners.
2000
247.031. 1. Territory included in a district that is not being
served by such district may be detached from such district provided that
there are no outstanding general obligation or special obligation bonds and
no contractual obligations of greater than twenty-five thousand dollars for
debt that pertains to infrastructure, fixed assets or obligations for the
purchase of water. If any such bonds or debt is outstanding, and the
written consent of the holders of such bonds or the creditors to such debt
is obtained, then such territory may be detached in spite of the existence
of such bonds or debt, except such consent shall not be required for
special obligation bonds if the district has no water lines or other
facilities located within any of the territory detached. Detachment may be
made by the filing of a petition with the circuit court in which the
district was incorporated. The petition shall contain a description of the
tract to be detached and a statement that the detachment is in the best
interest of the district or the inhabitants and property owners of the
territory to be detached, together with the facts supporting such
allegation. The petition may be submitted by the district acting through
its board of directors, in which case the petition shall be signed by a
majority of the board of directors of the district. The petition may also
be submitted by voters residing in the territory sought to be detached. If
there are more than ten voters in such territory, the petition shall be
signed by five or more voters residing in the territory; if there are less
than ten voters residing in such territory, the petition shall be signed by
fifty percent or more of the voters residing in the territory. In the
event there are no voters living within such territory proposed to be
detached, then the petition may be submitted by owners of more than fifty
percent of the land in the territory proposed to be detached, in which case
said petition shall be signed by the owners so submitting the petition.
2. Such petition shall be filed in the circuit court having
jurisdiction and the court shall set a date for hearing on the proposed
detachment and the clerk shall give notice thereof in three consecutive
issues of a weekly newspaper in each county in which any portion of the
territory proposed to be detached lies, or in lieu thereof, in twenty
consecutive issues of a daily newspaper in each county in which any portion
of the tract proposed to be detached lies; the last insertion of the notice
to be made not less than seven nor more than twenty-one days before the
hearing. Such notice shall be substantially as follows:
IN THE CIRCUIT COURT OF ...........
COUNTY, MISSOURI
NOTICE OF THE FILING OF A PETITION FOR
TERRITORIAL DETACHMENT FROM
PUBLIC WATER SUPPLY DISTRICT NO. ....
OF ............. COUNTY, MISSOURI.
To all voters and landowners of land within the boundaries of the
above-described district:
You are hereby notified:
1. That a petition has been filed in this court for the detachment of
the following tracts of land from the above-named public water supply
district, as provided by law:
(Describe tracts of land).
2. That a hearing on said petition will be held before this court on
the ..... day of ........, 20 ..., at ...., ....m.
3. Exceptions or objections to the detachment of said tracts from
said public water supply district may be made by any voter or landowner of
land within the district from which territory is sought to be detached,
provided such exceptions or objections are in writing not less than five
days prior to the date set for hearing on the petition.
4. The names and addresses of the attorneys for the petitioner are:
................................................
Clerk of the Circuit Court of
................. County, Missouri
3. The court, for good cause shown, may continue the case or the
hearing thereon from time to time until final disposition thereof.
4. Exceptions or objections to the detachment of such territory may
be made by any voter or landowner within the boundaries of the district,
including the territory to be detached. The exceptions or objections shall
be in writing and shall specify the grounds upon which they are made and
shall be filed not later than five days before the date set for hearing the
petition. If any such exceptions or objections are filed, the court shall
take them into consideration when considering the petition for detachment
and the evidence in support of detachment. If the court finds that the
detachment will be in the best interest of the district and the inhabitants
and landowners of the area to be detached will not be adversely affected or
if the court finds that the detachment will be in the best interest of the
inhabitants and landowners of the territory to be detached and will not
adversely affect the remainder of the district, it shall approve the
detachment and grant the petition.
5. If the court approves the detachment, it shall make its order
detaching the territory described in the petition from the remainder of the
district, or in the event it shall find that only a portion of said
territory should be detached, the court shall order such portion detached
from the district. The court shall also make any changes in subdistrict
boundary lines it deems necessary to meet the requirements of sections
247.010 to 247.220. Any subdistrict line changes shall not become
effective until the next annual election of a member of the board of
directors.
6. A certified copy of the court's order shall be filed in the office
of the recorder and in the office of the county clerk in each county in
which any of the territory of the district prior to detachment is located,
and in the office of the secretary of state. Costs of the proceeding shall
be borne by the petitioner or petitioners.
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