Property Law

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SB 20 – Tax increment financing. Requires a blight study to be conducted as part of a redevelopment plan. Allows an affected landowner, within forty-five days after the adoption of an ordinance approving a redevelopment plan, to petition a court of competent jurisdiction for an expedited de novo review of a governing body’s blight determination. Prohibits the use of tax increment financing for projects located in one hundred year flood plains except for river front development projects and projects located within the incorporated limits of a municipality. Defines the term “Greenfield area” and prohibits use of tax increment financing for certain “Greenfield area” development. Prohibits TIF projects for solely residential purposes for the development of previously undeveloped or vacant land. Prohibits certain members of the Tax Increment Finance Commission from being employees of the municipality. Allows for referendum petitions in opposition to tax increment financing projects for municipalities that do not currently have the authority for such a process if the Tax Increment Finance Commission has previously made a recommendation opposing such tax increment finance project or a portion thereof. Prohibits voter approved tax increases or levies, which are approved subsequent to the adoption of an ordinance approving a redevelopment plan and are not the renewal or extension of a tax first approved prior to the adoption of the ordinance approving the redevelopment project, from being captured as economic activity taxes by such project unless the tax is levied for the specific purpose of funding or retiring the debt of the redevelopment project or plan. Prohibits municipalities from conferring eminent domain power to private entities when a project utilizes both tax increment financing and chapter 353 urban redevelopment incentives. Creates penalties for the failure of a municipality to report to the Department of Economic Development with regard to tax increment finance projects.

SB 69 – Trespassing on farms to enforce contracts for certain agricultural products. (See Agricultural/Animal Law)

SB 123 – Statutory warranties for new construction and home improvements. Creates statutory warranties for home buyers and homeowners and also prevents home solicitors from engaging in certain deceptive practices. Creates three new-home warranties that are extended to subsequent purchasers of the home:

(1) Covers new homes against faulty workmanship and defective materials due to noncompliance with building standards for a three-year period;

(2) Covers new homes against faulty installation of plumbing, electrical, heating and cooling systems for a five-year period; and

(3) Covers the home against major construction defects (foundation) for a ten-year period.

Creates three warranties for home improvement work:

(1) Improvements made will be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards for a two-year period;

(2) Improvements will be free from major construction defects for a ten-year period; and

(3) Improvements involving plumbing, electrical, heating and cooling systems must be guaranteed to be free from defects for a period of two years.

Creates a cause of action against the home vendor or home improvement contractor for violations of these warranties for actual damages. Requires the court to award the homeowner court costs and reasonable attorney fees. Allows the court to assess punitive damages if the breach of the warranties was willful or deceitful.

SB 176 – Modifies Missouri tax increment financing law. Adds the definitions of “central business district,” “high unemployment,” “low fiscal capacity,” “moderate income,” “new job” and “retail project” to Missouri’s tax increment finance statutes and modifies the definition of economic activity taxes (EATS) to exclude from the definition any voter approved sales taxes imposed for specific purposes or projects. Prohibits the adoption, by municipal ordinance, of a redevelopment plan without findings documented by substantial and competent evidence on the record satisfying a reasonable person standard. Requires findings to include an affidavit signed by the developer including a study stating that records were reviewed, inspections and comparisons were made, or tasks undertaken demonstrating that the property has not been developed through private enterprise over a period of time. Requires the study be signed by a responsible party and be of sufficient specificity to allow the tax increment finance commission or the municipality, or both, to conduct any necessary investigation. Requires all documents relating to the study and other current requirements be published 30 days prior to the adoption of the TIF plan. Allows a resident to enjoin such adoption by initiating an action in circuit court or 5% of registered voters may petition to have the plan delayed until the voters of the municipality can vote on the issue. Limits TIF in specific areas to the greater of five percent of the total estimated redevelopment costs or thirty percent of the infrastructure costs for projects that are primarily retail. With limited exceptions, prohibits use of tax increment financing to develop sites in which twenty-five percent or more of the area is vacant and has not previously been developed, or qualifies as open space, or is being used for agricultural or horticultural purposes. Adds reporting requirements for municipalities and developers engaged in tax increment financing projects. Requires the Department of Economic Development to submit a report to the Governor and the General Assembly identifying the number of redevelopment areas, the amount of public investment in each, the benefit derived from each project, and the economic impact of the project on each taxing district.

*SB 212 (See also HB 920) – Uniform Real Property Electronic Recording Act. Establishes the Uniform Real Property Electronic Recording Act that allows for the recording of an electronic format document rather than a paper document. It also allows an electronic signature to qualify as a sufficient signature. Such electronic signature also satisfies the requirement that a document be notarized, verified, or taken under oath. The county recorder of deeds may convert paper documents into electronic form for the purpose of indexing, storing, and archiving and accept fees and documents electronically. Establishes the Electronic Recording Commission to adopt standards for implementing this act.
Drafted by The Missouri Bar Property Law Committee based on a model act proposed by the National Conference of Commissioners on Uniform Laws.

SB 266 – Discrimination based on sexual orientation. (See Labor/Employment Law)

SB 302 – Definition of “commercial real estate.” Modifies the definition of commercial real estate by including real estate on which no buildings or structures are located and explicitly provides that commercial real estate shall include an unimproved real estate of any zoning classification, other than agricultural or horticultural real estate, being purchased for development or subdivision.

SB 348 –Missouri Omnibus Immigration Act. (See State Government/Election Law)

SB 388 (See also HB 781) – Missouri Environmental Covenants Law. (See Environmental/Energy Law)

SB 416 – Adverse possession. Prohibits lands held by certain electric cooperatives and corporations from being adversely possessed.

HB 31 – Eminent domain. Requires businesses in areas taken by eminent domain to reimburse the persons displaced from those areas.

HB 103 – Establishes additional tax increment financing guidelines. Changes the laws regarding tax increment financing (TIF).

(1) Prohibits the revenue from any increase in any tax within a TIF district from being used for anything other than the specified purpose of the tax increase.

(2) Changes the definitions of “blighted area” and “conservation area.”

(3) Changes the definition of “redevelopment project costs” to include extraordinary professional service costs which are required under the Real Property Tax Increment Allocation Redevelopment Act.

(4) Requires that conditions and contingencies of commitments to finance redevelopment project costs be included in the required general description of a redevelopment plan.

(5) Requires redevelopment plans adopted by municipal and county governments to be re-adopted by two-thirds of all members of the governing body if a petition is submitted according to procedures established in the bill.

(6) Requires redevelopment plans adopted by municipal and county governments to be re-adopted by two-thirds of all members of the governing body if the TIF Commission makes a negative recommendation.

(7) Authorizes TIF projects within the 100-year flood plain in the City of St. Charles if the redevelopment area actually abuts a river or major waterway and is substantially surrounded by contiguous properties with residential, industrial, or commercial zoning classifications. Currently, no TIF projects are allowed in the flood plain in certain areas in St. Charles County.

(8) Specifies that if a TIF project includes residential uses, real property tax revenues attributable to the residential portion of the development will go directly to the affected school districts unless commission members representing the affected districts say they will forgo this revenue.

(9) Requires that those persons or entities receiving the financing on a TIF project in Kansas City or St. Louis must make good faith efforts to use minority or women’s business enterprises on the project.

HB 123 – Small claims court. Increases the limit in small claims court from $3,000 to $5,000.
Support.

HB 279 – Planning and zoning. Allows counties to retroactively apply planning and zoning regulations to certain subdivisions of land.

HB 459 – Land transfers between municipalities. (See Local Government Law)

HB 494 – Utility bills. Prohibits a municipality from requiring an owner of rental property to pay delinquent utility bills for the owner’s occupants.

HB 504 – Landlord liability. Exempts landlords from liability for damage to personal property that results from enforcement of a judgment granting possession and gives landlords the right to dispose of the property.