|SB 0144||Airports, Land & Condemnation Proceedings|
|Last Action:||05/15/95 - In Conference|
|Effective Date:||August 28, 1995|
HS/HCS/SB 144 - All real property which is improved by a structure which is used or intended to be used for human occupants is to be classified as residential property. Currently, structures with 5 or more dwelling units, condominiums, cooperative housing associations, or independent living facilities for the elderly are excluded from the residential property definition. Residential property shall not include similar facilities which are used primarily for transient housing.
Any taxing district losing revenue because of this change may adjust its operating levy, not to exceed the highest tax rate in effect subsequent to the 1980 tax year, to recover such loss.
This reclassification shall apply to assessments made after December 31, 1994.
The portion of certain privately owned airports added after August 28, 1995, which is used by the public shall be reclassified as agricultural and horticultural property.
Cities and counties may acquire land for airports either inside or outside of their boundaries. The act makes it clear that the power of eminent domain may only be used to acquire land for airports and landing fields. Once the land which was acquired through eminent domain is no longer used for an airport or landing field, the land shall be sold at a public sale.
The restriction of no appropriation of state moneys to the Missouri-St. Louis Metropolitan Airport Authority is removed. The composition of the authority is revised to require at least one of the three members appointed by the St. Louis County executive to reside in a city adjoining a major airport.
This act further requires the condemnee to receive actual and necessary costs of the condemnation proceedings if the condemnee was not offered at least 15% of the amount which is awarded.
SBs 171 and 339 were incorporated by amendment into this act.
HB 211 was incorporated into the HCS.
HA 1 - SECTION 523.075 SHALL ONLY APPLY TO THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT, THE STATE HIGHWAY SYSTEM AND AIRPORTS. HA 2 - SECTION 523.075 SHALL EXPIRE ON AUGUST 28, 1999. HA 3 - GIVES THE ASSESSOR THE DISCRETION TO ASSESS PERSONAL PROPERTY TAX LIST. CURRENTLY THIS ADDITIONAL ASSESSMENT IS MANDATORY. HA 5 - REINSTATES THE RESTRICTION ON THE GENERAL ASSEMBLY APPROPRIATING MONEY TO THE MISSOURI-ST. LOUIS METROPOLITAN AIRPORT AUTHORITY BY DELETING THE BRACKETS. HA 6 - ALLOWS THE OFFER OF JUDGMENT TO BE ADMISSIBLE FOR THE PURPOSE OF ESTABLISHING THE RIGHT TO RECOVER COSTS. HA 7 - ALLOWS COSTS TO BE PAID ONLY IF THE CONDEMNOR'S OFFER IS MORE THAN 15% BELOW THE JUDGMENT. HA 8 - REQUIRES NOTICE OF THE PUBLIC SALE TO BE IN A NEWSPAPER OF GENERAL PUBLICATION. ALSO REQUIRES THE NOTICE OF PUBLIC SALE TO BE PUBLISHED.