 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 278 Soil Conservation
|
|
1. In order to cooperate with the federal government in bringing
to the farm people of Missouri the full benefits of an act by the
Congress of the United States, approved February 29, 1936, and generally
known as "The Soil Conservation and Domestic Allotment Act" (16 U.S.C.A.
{ 590h) the policy and purposes of which are set forth in section 7(a) of
the act as follows:
(1) Preservation and improvement of soil fertility;
(2) Promotion of the economic use and conservation of land;
(3) Diminution of exploitation and wasteful and unscientific use of
national soil resources;
(4) The protection of rivers and harbors against the results of soil
erosion in aid of maintaining the navigability of waters and water
courses and in aid of flood control; and
(5) Reestablishment, at as rapid a rate as the secretary of agriculture
determines to be practicable and in the general public interest, of the
ratio between the purchasing power of the net income per person on farms
and that of the income per person not on farms that prevailed during the
five year period, August, 1909--July, 1914, inclusive, as determined from
statistics available in the United States Department of Agriculture, and
the maintenance of such ratio.
2. The state of Missouri through its legislature hereby accepts the
provisions and requirements of said act. (RSMo 1939 § 14425)
The curators of the University of Missouri, herein referred to
as the curators, acting by and through the agricultural extension service
by it carried on in connection with the college of agriculture of the
university of Missouri, are hereby designated as the agency of the state
of Missouri to administer any plans authorized by this federal act which
shall be approved by the Secretary of Agriculture of the United States,
herein referred to as the Secretary of Agriculture, for the state of
Missouri pursuant to provisions of said Soil Conservation and Domestic
Allotment Act. (RSMo 1939 § 14426)
1. The curators are hereby authorized, empowered and directed to
formulate and submit to the Secretary of Agriculture in conformity with
the provisions of said soil conservation and domestic allotment act, a
state plan for each calendar year, beginning not later than for the
calendar year 1938. It shall be the purpose of each such plan to promote
such utilization of and such farming practices as the curators find will
tend, in conjunction with the operation of such other plans as may be
approved for other states by the Secretary of Agriculture, to preserve
and improve soil fertility, promote the economic use of land, diminish
the exploitation and wasteful and unscientific use of national soil
resources, and reestablish and maintain the ratio between the purchasing
power of the net income per person on farms and that of the income per
person not on farms as defined in subsection (a), of section 7 of said
Soil Conservation and Domestic Allotment Act.
2. Each such plan shall provide for adjustments in the utilization of
land and in farming practices, through agreements with producers or
through other voluntary methods, and for benefit payments in connection
therewith, and also for such methods of administration not in conflict
with any law of this state and such reports as the Secretary of
Agriculture finds necessary for the effective administration of the plan
and for ascertaining whether the plan is being carried out according to
its terms. (RSMo 1939 § 14427)
Upon the acceptance of each such plan by the Secretary of
Agriculture, the curators, through its treasurer are authorized and
empowered to receive all grants of money made pursuant to said Soil
Conservation and Domestic Allotment Act for the purpose of enabling the
state to carry out the provisions of such plan, and all such funds,
together with any moneys which may be appropriated by the state for such
purpose, shall be available to the curators for expenditures necessary in
carrying out the plan, including administrative expenses, expenditures in
connection with educational programs in aid of the plan, and benefit
payments. (RSMo 1939 § 14428)
In carrying out the provisions of each such plan, the curators
shall have power to employ such agent or agencies and to establish such
agencies, as it may find to be necessary; to cooperate with local and
state agencies, and with agencies of other states and of the federal
government; to provide for the conducting of research and to conduct
educational activities in connection with the formulation and operation
of such plan; to enter into agreements with the producers and to provide
by other voluntary methods, for adjustments in the utilization of land
and in farming practices, and for payments in connection therewith in
amounts which the curators determine to be fair and reasonable. (RSMo
1939 § 14429)
Sections 278.060 to 278.155 may be known and cited as "The Soil
and Water Conservation Districts Law". (L. 1943 p. 839 § 1, A.L. 1961 p.
31)
As used in sections 278.060 to 278.300, the following words and
terms mean:
(1) "Board of soil and water district supervisors" or "soil and water
supervisors", the local governing body of a soil and water district,
elected or appointed in accordance with the provisions of this law;
(2) "Landowner", any person, firm or corporation who holds title to any
lands lying within a district organized or to be organized under the
provisions of this chapter. Any landowner may be represented by notarized
proxy not more than one year old;
(3) "Land representative", the owner or representative authorized by
power of attorney of any farm lying within any area proposed to be
established, and subsequently established, as a soil and water district
under the provisions of this law, and for the purposes of this law each
such farm shall be entitled to representation by a land representative;
provided, however, that any land representative must be a taxpayer of the
county within which the soil and water district is located;
(4) "Soil and water conservation cost-share program", a state-funded
incentive program designed for the purpose of saving the soil of the
state through erosion control and abatement;
(5) "Soil and water conservation district" or "soil and water district",
a county or one or more of its townships wherein a project for saving the
soil and water has been established with the authority and duty and
subject to the restrictions herein set forth; and in establishing a soil
and water district, if the proposed area is less than the area of the
county which contains it, but greater than the area of one township, the
additional township or townships to be included in such soil and water
district need not be contiguous with the first township or with one
another, but there shall be only one soil and water district within the
boundaries of the same county; and any farm intersected by a soil and
water district boundary shall be considered as lying within that district
for purposes of soil and water conservation by that district, except that
the soil and water conservation of a farm which lies partly within one
soil and water district and partly within another shall be considered the
duty of the soil and water district in which the home buildings of such
farm are located;
(6) "State soil and water districts commission" or "soil and water
commission", the agency created by section 278.080 for the administration
of the soil and water conservation districts provided for by this law;
(7) "Township", municipal township and not congressional or survey
township. (L. 1943 p. 839 § 2, A.L. 1961 p. 31, A.L. 1969 S.B. 184, A.L.
1980 S.B. 612)
1. There is hereby established "The State Soil and Water
Districts Commission" to administer for this state the soil and water
conservation districts provided for by sections 278.060 to 278.300. The
state soil and water districts commission shall formulate policies and
general programs for the saving of Missouri soil and water by the soil
and water conservation districts, and shall give consideration to the
districts' needs based on their character; it shall receive and allocate
or otherwise expend for the use or benefit of the soil and water
conservation districts any funds appropriated by the general assembly for
the use or benefit of such districts, including a soil and water
conservation cost-share program; it shall receive and properly convey to
the soil and water conservation districts any other form of aid extended
to such districts by any other agency of this state, except that any
money or other form of aid raised or provided within a soil and water
district for the use or benefit of that soil and water district shall be
received and administered by the governing body of that soil and water
district; it shall exercise other authority conferred upon it and perform
other duties assigned to it by sections 278.060 to 278.300; and it shall
be the administrative agency to represent this state in these and all
other matters arising from the provisions of sections 278.060 to 278.300.
2. The state soil and water districts commission shall be composed of
four ex officio members and six farmer members. The six farmer members
shall be appointed by the governor of Missouri with the advice and
consent of the senate. Three of the farmer members shall reside in the
portion of this state which is north of the Missouri River and three of
the farmer members shall reside in the portion of this state which is
south of the Missouri River. The membership shall be geographically
dispersed with no more than one of the farmer members appointed from a
state senatorial district. Not more than four of the farmer members shall
be from the same political party. The ex officio members shall be the
director of the department of natural resources, the director of the
department of agriculture, the director of the department of
conservation, and the dean of the college of agriculture of the
University of Missouri. Each of the six farmer members shall be holding
legal title to a farm, and shall be earning at least the principal part
of the member's livelihood from a farm, all at the time of appointment to
the commission. The farmer members shall each be appointed for a period
of three years. All members of the commission serving as of June 27,
2000, may continue to serve the unexpired portion of the member's current
term. There is no limitation on the number of terms that any of the
farmer members appointed by the governor may serve. If any farmer member
vacates his or her term for any reason prior to the expiration of such
term, the governor may appoint a farmer member to serve for the remainder
of the unexpired term. Each member of the commission shall continue to
serve until the member's successor has been duly appointed and qualified.
3. The state soil and water districts commission may call upon the
attorney general of the state for such legal services as it may require.
4. At its first meeting in each calendar year, the state soil and water
districts commission shall select from its current members a chairman and
a vice chairman. The ex officio members shall not have the power to vote
on any matter before the commission. A quorum shall consist of four
farmer members. For the determination of any matter within the
commission's authority, at a meeting comprised of four farmer members, a
concurrence of three shall be required. No business of the commission
shall be executed in absence of a quorum. Each farmer member of the soil
and water commission shall be entitled to expenses, including travel
expenses, necessarily incurred in the discharge of his or her duties as a
member of this commission. The state soil and water districts commission
shall provide for the execution of surety bonds for all of its employees
and officers who shall be entrusted with funds or property; shall provide
for the keeping of a full and accurate record of all its proceedings and
of all its resolutions, regulations, and orders issued or adopted; and
shall provide for an annual audit of all its accounts of receipts and
disbursements.
5. In addition to the authority and duty herein assigned to the state
soil and water districts commission, it shall have the following
authority and duty:
(1) To encourage the formation of soil and water conservation districts
in areas where their establishment seems necessary and their
administration seems feasible;
(2) To formulate and fix the rules and procedures for fair and impartial
referendums on the establishing or disestablishment of soil and water
districts and for fair and impartial selection of soil and water district
supervisors;
(3) To receive petitions for the establishing of soil and water
conservation districts as provided in section 278.100; to determine the
validity of these petitions; to conduct hearings upon the subject of
these petitions; to determine whether the establishment of a soil and
water district as petitioned would be effective in the saving of soil and
water within the proposed area, and whether a soil and water district if
established could be feasibly administered; and, upon reaching a
favorable conclusion on these matters, to call for a referendum on the
establishing of the soil and water district as petitioned;
(4) To advise any soil and water conservation district in developing its
program for saving the soil and water in order that such district may
become eligible for any form of aid from state or federal sources;
(5) Subject to district allocations by the commission and other
resources, to provide training, programs and other assistance to soil and
water conservation districts to identify programs that respond to the
character of the districts' needs;
(6) To obtain or accept the cooperation and financial, technical or
material assistance of the United States or any of its agencies, and of
this state or any of its agencies, for the work of such soil and water
districts;
(7) To enter into agreements with the United States or any of its
agencies on policies and general programs for the saving of Missouri soil
and water by the extension of federal aid to any soil and water
conservation district; to advise any soil and water conservation
district; to advise any soil and water conservation district on the
amount or kind of federal aid needed for the effective saving of soil and
water in that district; to determine within the limits of available funds
or other resources the amount or kind of state aid to be used for saving
of soil and water in any soil and water conservation district; and to
determine the withholding of state aid of any amount or kind from any
soil and water conservation district that has failed to follow the
policies of the state soil and water districts commission in any matter
under the provisions of sections 278.060 to 278.300;
(8) To give such other proper assistance as the soil and water commission
may judge to be useful to any soil and water district in the saving of
soil and water in that district;
(9) To promulgate such rules and regulations as may be necessary to
effectively administer a state-funded soil and water conservation
cost-share program. Any rule or portion of a rule promulgated under the
authority of sections 278.060 to 278.300 shall become effective only if
it has been promulgated pursuant to the provisions of chapter 536, RSMo.
6. Unless prohibited by any federal or state law, the commission may
grant individual variances to any rule or regulation promulgated thereto,
upon presentation of adequate proof, that compliance with sections
278.070 to 278.300, or any rule or regulation, standard, requirement,
limitation or order of the commission will have an arbitrary and
unreasonable impact on landowners participating in soil and water
conservation eligible practices. The commission shall promulgate such
rules, regulations and administrative guidelines as necessary to
effectively administer this section. (L. 1943 p. 839 § 3, A.L. 1961 p.
31, A.L. 1980 S.B. 612, A.L. 1986 H.B. 1172, A.L. 1995 S.B. 3, S.B. 65,
A.L. 2000 S.B. 741, A.L. 2001 S.B. 462)
Wherever in this law a referendum is provided for and is used,
it shall be conducted by secret ballot in such a manner that any person
connected with, or any official of such referendum or election cannot
know how any land representative votes. Ballot boxes similar to those
used in any general election in this state shall be used and such boxes
shall only be opened and the ballots counted in the presence of at least
three persons who are residents of the soil and water district and who
shall sign a statement they witnessed the opening of the ballot boxes and
the counting of the ballots therein, but such ballot boxes shall not be
opened or any ballots counted until immediately after the time expires
for casting a ballot. Any person designated to conduct such a referendum
or assist in such a referendum, and in that manner gains knowledge as to
how any land representative voted and reveals such knowledge to any other
person shall be guilty of a misdemeanor. (L. 1943 p. 839 § 3a, A.L. 1961
p. 31)
1. Whenever the state soil and water districts commission shall
receive from any county or any township or townships thereof a petition
declaring that the saving of the soil and water in that county or in the
specified township or townships is in their opinion a public necessity,
said petition being signed by not less than twenty-five land
representatives in each township or by fifty percent of the land
representatives, if there are less than fifty land representatives in any
township in the area covered by the petition, the soil and water
commission, when satisfied that such petition is valid, shall call for
and conduct within the area described by such petition, a public hearing
of land representatives within that area, on the question of establishing
that area as a soil and water conservation district. If from this hearing
it shall appear to the soil and water commission that there is a general
desire for establishing as a soil and water district the county or the
specified township or townships, the commission shall without delay
determine by a survey of the conditions of farm land in the county or
specified township or townships whether the establishment of that area as
a soil and water conservation district is actually necessary and
administratively feasible. Upon reaching a favorable conclusion on these
matters, the commission shall call for and conduct, or cause to be
conducted, a referendum by ballot of land representatives within that
area, on the question of establishing the county or the specified
township or townships as a soil and water conservation district.
2. If a majority of all land representatives voting in this referendum,
do vote in favor of this establishment, and if in the judgment of the
soil and water commission the total number of votes cast does amount to a
substantial expression of opinion, the soil and water commission shall at
once declare the county or township, or townships thereof, as specified
by the referendum, to be established as a soil and water conservation
district; but if these provisions are not met, the soil and water
commission shall at once declare the question of establishment to have
been lost, although another referendum on this question may be called by
the soil and water commission for this area at any time after two years
from the date of this declaration, provided the commission meanwhile has
received evidence of a more general desire for the establishment of a
soil and water district for this area. Subsequent to the establishment of
a township or townships as a soil and water district any other township
or townships in the same county may be added to this soil and water
district by the procedure used for the first establishment. (L. 1943 p.
839 § 4, A.L. 1961 p. 31)
1. The state soil and water districts commission upon declaring
the establishment of a soil and water district as provided in section
278.100 shall proceed to arrange in the following manner for the
establishment of a board of soil and water district supervisors to act as
a local governing body for such soil and water district. This board shall
consist of five members, as follows: Ex officio, the county agricultural
extension agent; and four land representatives, resident taxpaying
citizens within that soil and water district for a period of two years
next preceding such election and elected by the majority vote of land
representatives under rules and procedures formulated by the soil and
water commission, but the date of this election shall not fall upon the
date of any regular political election held in that county.
2. The term of office of the ex officio member shall be coincident with
his term in the office from which he shall be serving on the supervisory
board. The four elected members shall each serve for four years. At the
expiration of the terms of members of a supervisory board in a district
organized prior to October 13, 1961, and at the first election in a
district organized after October 13, 1961, two members shall be elected
for terms of two years and two for terms of four years; thereafter all
members shall be elected for terms of four years. In case of the death,
removal of residence from the county, or resignation from office of any
elected member, his successor to the unexpired term shall be appointed by
the state soil and water districts commission and such appointee shall be
a resident land representative of that county. A soil and water
supervisor may succeed himself by reelection in this office.
3. A majority of the board of soil and water supervisors shall constitute
a quorum but the concurrence of a majority of the whole board shall be
required for the determination of any matter within their duties. The
board of soil and water supervisors shall elect a chairman from among
themselves, and the county agricultural extension agent shall be
secretary of the board.
4. A soil and water supervisor shall receive no compensation for his
services, but he shall be entitled to expenses, including travel expense,
necessarily incurred in the discharge of his duties as a member of this
board. The board of soil and water supervisors may employ within the
limits of available funds such assistants as they may require in the
performance of their duties and shall determine the qualifications,
compensation and duties of such employees.
5. The board of soil and water supervisors shall submit to the state soil
and water districts commission for its approval copies of such rules,
regulations, forms and other documents as this board shall contemplate
using in pursuance of their duties, and such other information concerning
their activities as the soil and water commission may require in the
performance of its own duties under this law.
6. The board of soil and water supervisors shall provide for the
execution of surety bonds for all officers and employees who shall be
entrusted with funds or property; shall keep a full and accurate record
of all their proceedings and of all their resolutions and regulations
issued or adopted; and shall present to the soil and water commission,
for approval, a statement of annual audit of all the accounts of receipts
and disbursements by the board.
7. The board of soil and water supervisors may invite the legislative
body of any municipality or county located near the soil and water
district to designate a representative to advise and consult with the
soil and water supervisors of the district on all questions of program
and policy which may affect the property, water supply, or other
interests of such municipality or county.
8. The board of soil and water supervisors will assist the soil and water
districts commission in the administration of a state soil and water
conservation cost-share program. It may require landowner receiving state
cost-share funds to enter into recordable agreements stipulating that:
(1) If a cost-shared project or practice is altered, modified or removed
so as to lessen its effectiveness for a period of ten years or the
expected life of the project, whichever is less, the landowner, or his
heirs, assignees, or other transferees, shall refund to the program any
state money used for the project or practice; and
(2) The landowner agrees to maintain in good order the projects and
practices cost-shared by the program, except in such case as the
maintenance would create undue hardship upon the landowner. In this
instance, the soil and water district commission may require easements
providing for right of access for the maintenance of said projects or
practices. (L. 1943 p. 839 § 5, A.L. 1961 p. 31, A.L. 1980 S.B. 612)
1. Any soil and water district organized under the provisions of
this law shall be a body corporate and shall possess only such powers as
herein provided, but any such powers possessed by said body corporate
shall be particularly limited by the following provisos: provided, that
the private property of any land representative or owner of property in
such soil and water district shall be exempt from execution for the debts
of the body corporate or soil and water district and no land
representative or owner of property within said soil and water district
shall be liable or responsible for any debts of the body corporate or
soil and water district, and provided further, that no property of any
character, title to which is not vested in said soil and water district,
or a soil and water district, as the case may be, shall ever be subject
to any lien for any claim or judgment of or against said district, or a
soil and water district as the case may be. Any soil and water district
so organized shall be officially known and titled "The Soil and Water
District of ................ County", and shall be so designated by the
county commission by order of record, and in that name shall be capable
of suing and being sued and of contracting and being contracted with.
2. A soil and water district through the board of soil and water district
supervisors thereof shall have the following authority and duty in
addition to other authority and duty granted in other sections of this
law:
(1) To promote all reasonable measures for the saving of the soil and
water within that soil and water district; and all such measures shall be
in general agreement with those currently advocated by the college of
agriculture of the University of Missouri for saving the productive power
of Missouri farm land;
(2) To cooperate or enter into agreements with, and to aid within the
limits of appropriations duly made available to it by law, any agency,
government or otherwise, or any land representative within that soil and
water district, in the saving of the soil and water within that district;
and all such cooperations or agreements shall be in accord with the
policies of the state soil and water districts commission; and any land
representative of farm land within that soil and water district shall be
eligible to enter into such cooperations or agreements with the soil and
water supervisors; and no program or procedure of soil and water
conservation shall be ordered or executed by the soil and water
supervisors on any farm without the full consent and agreement of the
land representative of that farm;
(3) To make available to any land representative within that soil and
water district, through existing agencies if agreements with them seem
feasible, or by such other feasible means as the supervisors shall
prescribe, such services, materials, and equipment as will assist such
land representatives to carry on operations for the saving of the soil
and water;
(4) To accept grants, gifts, and contributions in money, services, or
materials from the United States or any of its agencies, and to use or
expend such grants, gifts or contributions in carrying on the soil and
water district operations; and such use or expenditure shall be in accord
with the policies of the state soil and water districts commission;
(5) To make and execute contracts and other legal instruments, necessary
for the saving of the soil and water in that district, subject to
approval by the state soil and water districts commission;
(6) To accept for the purpose of saving soil and water in that district,
contributions in money, services or materials from any source not
otherwise provided for herein, and to enter into such agreements with
land representatives as will tend to prevent future wastage of the soil
and water presently benefited by these contributions. (L. 1943 p. 839 §
6, A.L. 1961 p. 31)
1. The soil and water supervisors of any soil and water district
shall not
(1) Have or exercise the right of eminent domain;
(2) Incur indebtedness beyond available funds;
(3) Issue bonds;
(4) Levy taxes;
(5) Make or levy benefit assessments or any other kind of assessments;
(6) Take contributions from that soil and water district by exactions or
persuasions;
(7) Engage in the marketing of farm products or in the buying and selling
of farm supplies other than those products or supplies used or needed
directly or indirectly in soil and water conservation work, subject to
section 278.135;
(8) Engage in agricultural research or agricultural extension teaching
except under the instruction of the Missouri college of agriculture.
2. They may accept voluntary contributions from any source, if the
donations are offered for the sole and exclusive purpose of promoting the
saving of soil and water within the soil and water district, and if the
soil and water supervisors satisfactorily guarantee to the donors the
faithful use of their donations for that purpose. (L. 1943 p. 839 § 7,
A.L. 1961 p. 31, A.L. 1965 p. 95, A.L. 2000 S.B. 741)
Effective 6-27-00
1. Any soil and water conservation district engaged in the
marketing or buying and selling of farm products used directly or
indirectly in soil conservation shall be required to obtain approval from
the state soil and water districts commission to continue such activity
if the commission receives written complaints from three or more business
entities. Upon request from any person, all soil and water conservation
districts shall provide information on the complaint procedure provided
for in this section, including information on how to contact the state
soil and water districts commission.
2. The commission shall notify the district upon receiving complaints
from three or more business entities pursuant to subsection 1 of this
section, and request that the district provide information to the
commission on the marketing, buying, and selling activity within sixty
days. The commission shall consider information provided by the district
and any written comments from concerned citizens and businesses in making
its determination. The commission shall grant approval only upon finding
that the products being marketed, bought, and sold are:
(1) Reasonably related to soil and water conservation; and
(2) Not readily available in the area.
If the commission grants approval to a district, no complaints about the
marketing, buying, or selling activities of such district shall be
accepted by the commission from any business entity for a period of one
year after the date of approval, and no such complaints shall be accepted
by the commission from the same business entities that initiated the
approval procedure pursuant to this section for a period of three years
after the date of approval.
3. The commission shall enact rules to allow districts with a pending
approval request, or districts that have had their approval denied, to
sell any existing inventory of products within a reasonable time. This
subsection shall not be interpreted to allow any district with a pending
approval request to restock or replenish its inventory until such
district has received approval from the commission.
4. The commission is authorized to adopt those rules that are reasonable
and necessary to accomplish the limited duties specifically delegated
within this section. Any rule or portion of a rule, as that term is
defined in section 536.010, RSMo, that is promulgated under the authority
delegated in this section shall become effective only if it has been
promulgated pursuant to the provisions of chapter 536, RSMo. This section
and chapter 536, RSMo, are nonseverable and if any of the powers vested
with the general assembly pursuant to chapter 536, RSMo, to review, to
delay the effective date or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after June 27, 2000, shall be
invalid and void. (L. 2000 S.B. 741)
Effective 6-27-00
Any two or more soil and water conservation districts organized
under the provisions of this law may cooperate with one another in the
exercise of any authority conferred upon such districts or of any duty
described for such districts by this law. (L. 1943 p. 839 § 8, A.L. 1961
p. 31)
The county commission of any county or the governing body of any
city, town or village in which a soil and water conservation district
lies in whole or in part may cooperate with the supervisors of the
district in carrying out the purposes of the district program, and in the
event the county commission or governing body finds that the benefits
accruing to the county or municipal area by reason of the program of the
soil and water conservation district justify such action, the county
commission or governing body may contribute money, services or the use of
equipment to the district. (L. 1969 S.B. 184 § 2)
1. The state soil and water districts commission upon receiving
at any time a petition for the disestablishment of any soil and water
district, said petition being signed by not less than twenty-five land
representatives in each township within the area covered by the petition,
shall presently call for and conduct within that district a referendum
upon the disestablishment of that district; and if a majority of the land
representatives voting in this referendum do vote in favor of the
disestablishment, the soil and water commission shall declare that
district to be disestablished, and the soil and water supervisors of that
district may not thereafter enter into any contracts or agreements on
behalf of that district.
2. The state soil and water districts commission upon declaring the
disestablishment of any soil and water district shall take charge of all
property belonging to such soil and water district, and, if practicable,
may complete any contract or agreement entered into but left unfinished
by the soil and water supervisors of that district. The property shall be
sold or transferred to other soil and water districts, by the soil and
water commission, and the proceeds from such sale shall be expended by
the soil and water commission; provided, however, that such expenditure
shall promote soil and water conservation in a soil and water district or
in soil and water districts; and provided further, that any property
purchased with county funds for the use of a soil and water district
shall, upon the disestablishment of that district, be returned to the
county commission of that district. The soil and water commission shall
also take charge of any unspent funds contributed from private sources to
the soil and water district before the disestablishment of such district,
and shall either return such funds to the donor or expend such funds in
the promotion of soil and water conservation according to the terms of
the donation. Subsequent to the disestablishment of a soil and water
district the area once comprising this district shall not be eligible to
reestablishment as a soil and water district for a period of two years,
but at the end of that period it may be reestablished by the same
procedure, section 278.100, employed for its first establishment. (L.
1943 p. 839 § 9, A.L. 1961 p. 31)
All soil conservation districts organized prior to the effective
date of sections 278.060 to 278.155 shall hereafter be known as "Soil and
Water Conservation Districts" and shall be subject to the provisions of,
and afforded all the privileges granted hereunder. (L. 1961 p. 31)
Subdistricts of a soil and water conservation district may be
formed as provided in sections 278.160 to 278.300 for the purpose of
carrying out watershed protection and flood prevention programs, for the
prevention of floodwater and sediment damage and for furthering the
conservation, development, utilization and disposal of water, and for
increasing recreation and industrial development and for the development
of agricultural water management, irrigation and drainage. (L. 1957 p. 4,
A.L. 1963 p. 405, A.L. 1969 S.B. 184)
When the landowners in a proposed subdistrict desire that a
subdistrict be organized, they shall file a petition with the board of
soil and water conservation district supervisors requesting a hearing and
a referendum thereon. The area must be contiguous and shall include the
entire hydrologic area on which a proposed plan of work is to be
developed. The petition shall set forth a legal description by
congressional subdivision, or otherwise, of the land suggested for
inclusion in the subdistrict. The petition shall contain a brief
statement giving the reason for organization, requesting that the
proposed area be organized as a subdistrict and must be signed by one or
more owners of fifty percent of the lands in the proposed subdistrict.
Land already in one subdistrict cannot be included in another. The
supervisors shall review the petition and if found adequate shall arrange
for a hearing thereon. (L. 1957 p. 4, A.L. 1963 p. 405, A.L. 1967 p. 376,
A.L. 1969 S.B. 184, A.L. 1972 H.B. 920)
Within thirty days after the petition has been filed with the
board of soil and water district supervisors, they shall fix a date, hour
and place for a hearing thereon and direct the secretary to cause notice
to be given to the owners of each tract of land, or lot, within the
proposed subdistrict, as shown by the county records, and to each
lienholder or encumbrancer of any such lands as shown by the county
records and to all other persons whom it may concern, and without naming
individuals all actual occupants of land in the proposed subdistrict, of
the pendency and prayer of the petition and that all objections to
establishment of said subdistrict for any reason must be made in writing
and filed with the secretary of the soil and water conservation district
at or before the time set for hearing. (L. 1957 p. 4, A.L. 1969 S.B. 184)
The notice of hearing on the formation of a subdistrict shall be
by publication once each week for two consecutive weeks in some newspaper
of general circulation published in the county, the last publication of
which shall be not less than ten days prior to the day set for the
hearing on the petition. Proof of service shall be made by affidavit of
the publisher, and be on file with the secretary of the soil and water
district at the time the hearing begins. Notice of the referendum shall
be made in the same manner. (L. 1957 p. 4, A.L. 1969 S.B. 184)
1. The soil and water supervisors shall consider and determine
whether the operation of the subdistrict within the defined boundaries as
proposed is desirable, practicable, feasible, and of necessity in the
interest of public health, safety, and the general welfare. All
interested parties shall have a right to attend the hearing and to be
heard. The soil and water supervisors may for good cause adjourn the
hearing to a day certain which shall be announced at the time of
adjournment and made a matter of record.
2. Upon reaching a favorable conclusion on these matters, the soil and
water supervisors shall call for and conduct, or cause to be conducted, a
referendum by ballot of landowners within the area of the proposed
subdistrict, on the question of establishing the proposed subdistrict. If
sixty-five percent of all landowners voting in this referendum, do vote
in favor of this establishment, the soil and water supervisors shall
declare that the subdistrict is duly organized and the action shall be
recorded in their official minutes together with an appropriate official
name or designation for the subdistrict. (L. 1957 p. 4 § 278.180, A.L.
1969 S.B. 184)
The state soil and water districts commission shall develop the
procedure including rules, regulations, forms and other documents to be
used in the establishment of a subdistrict, and a board of supervisors
shall submit to the state soil and water districts commission for its
approval copies of any rules, regulations, forms and other documents as*
this board shall contemplate using in pursuance of their duties, and such
other information concerning their activities as the soil and water
commission may require in the performance of its own duties under
sections 278.160 to 278.300. (L. 1957 p. 4 § 278.190, A.L. 1969 S.B. 184)
*Word "at" appears in original rolls.
1. If the proposed watershed district lies in more than one soil
and water conservation district, the petition may be presented to the
board of soil and water district supervisors of any one of the districts,
and the soil and water supervisors of all the districts shall act jointly
as a board of soil and water district supervisors with respect only to
matters concerning the formation, consolidation, expansion,
disestablishment or eminent domain activities of the watershed district.
They shall organize as a single board for such purposes and shall
designate the chairman, vice chairman, and secretary-treasurer to serve
for terms of one year. A watershed district which lies in more than one
soil and water conservation district shall be formed in the same manner
and shall have the same powers and duties as a watershed district formed
in one soil and water conservation district.
2. Following the entry in the official minutes of the board or boards of
soil and water district supervisors of the creation of the watershed
district, the soil and water supervisors shall certify this fact on a
separate form, authentic copies of which shall be recorded with the
recorder of deeds of each county in which any portion of the watershed
district lies, and with the state soil and water districts commission.
(L. 1957 p. 4 §§ 278.200, 278.210, A.L. 1969 S.B. 184 §§ 278.220,
278.230, A.L. 1977 H.B. 457, A.L. 2001 S.B. 462)
1. The board of soil and water conservation district supervisors
of the soil and water conservation district in which the watershed
district is formed shall act in an advisory capacity to the watershed
district board. When a watershed district lies in more than one soil and
water conservation district, the combined boards of soil and water
conservation district supervisors shall act in an advisory capacity to
the watershed district board.
2. Five landowners within the watershed district shall be elected to
serve as trustees of the watershed district. The trustees shall be
elected by a vote of landowners participating in the referendum for the
establishment of the watershed district, but the date of the election
shall not fall upon the date of any regular political election held in
the county. The ballot submitting the proposition to form the watershed
district shall be so worded as to clearly state that a tax, not to exceed
forty cents on one hundred dollars valuation of all real estate within
the watershed district, may be authorized if the watershed district is
formed. In watershed districts formed after September 28, 1977, two
trustees shall be elected for a term of six years, two shall be elected
for a term of four years, and one shall be elected for a term of two
years. Their successors shall be elected for terms of six years. In any
district in existence on September 28, 1977, the three trustees holding
office shall continue as trustees. At the next scheduled election within
the watershed district, two additional trustees shall be elected. One of
the additional trustees shall be elected for a term of four years and one
shall be elected for a term of six years. Each successor shall be elected
for a term of six years. In case of the death, loss of landowner standing
within the watershed district, or resignation from office of any elected
watershed district trustee, his or her successor to the unexpired term
shall be appointed by the trustees of that watershed district. A trustee
may succeed himself or herself by reelection in this office. The trustees
shall elect one of their members as chairman and one of their members as
secretary to serve for terms of two years.
3. The trustees shall act in all matters pertaining to the watershed
district, except those concerning formation, consolidation, expansion or
disestablishment of the watershed district. It shall be the
responsibility of the secretary of the trustees to see that each soil and
water district board included in the watershed district is provided a
copy of the minutes of each meeting held by the trustees. The trustees
shall be reimbursed for expenses incurred relating to the business of the
watershed district. (L. 1957 p. 4 § 278.220, A.L. 1963 p. 407, A.L. 1967
p. 376, A.L. 1969 S.B. 184, A.L. 1977 H.B. 457, A.L. 2001 S.B. 462, A.L.
2005 H.B. 58 merged with H.B. 455)
The trustees of the watershed district shall have the following
authority:
(1) To acquire, by purchase, exchange, lease, gift, grant, bequest,
devise, or otherwise, or through condemnation proceedings pursuant to
chapter 523, RSMo, such lands, easements, or rights-of-way as are needed
to carry out any authorized purpose of the watershed district; provided
that notwithstanding any provision of law to the contrary, the power of
eminent domain shall not be exercised:
(a) Over the protest of any landowner until it is established that
acquisition of the land proposed to be condemned is necessary for the
purposes of the watershed district; and to sell, lease or otherwise
dispose of any of its property or interest therein pursuant to sections
278.160 to 278.300; and
(b) Unless four trustees vote in favor of the use of such power in such
case.
Following approval by the trustees, a majority vote of the soil and water
supervisors of all the districts included in such watershed district
shall also be required prior to any use of the power of eminent domain;
(2) To construct, repair, enlarge, improve, operate, and maintain such
works of improvement as may be necessary for the performance of any of
the operations authorized by sections 278.160 to 278.300;
(3) To borrow money and to execute promissory notes and other evidences
of debt in connection therewith for payment of the costs and expenses or
for carrying out any authorized purpose of such watershed district, and
if promissory notes are issued, to execute such mortgages on any property
owned by such district, or assign or pledge such revenues or assessments
of such watershed district as may be required by the lender as security
for the repayment of the loan; and to issue, negotiate, and sell its
bonds pursuant to section 278.280;
(4) To levy an annual tax and organization tax on the real property
within the watershed district subject to the limitations provided in
section 278.250 for payment of the costs for carrying out any authorized
purpose of such watershed district;
(5) To make assessments on the real property within the watershed
district for special benefits to such real property accruing as a result
of the construction of any works of improvement by the watershed
district. (L. 1967 p. 376, A.L. 1977 H.B. 457, A.L. 2001 S.B. 462)
1. In order to facilitate the preliminary work of the watershed
district, the trustees of the watershed district may levy an organization
tax not to exceed forty cents per one hundred dollars of assessed
valuation of all real estate within the watershed district, the proceeds
of which may be used for organization and administration expenses of the
watershed district the acquisition of real and personal property,
including easements for rights-of-way, necessary to carry out the
purposes of the watershed district. This levy may be made one time only.
The organization tax may be imposed pursuant to subsections 4 and 5 of
this section.
2. After the * trustees of the watershed district have obtained
agreements to carry out recommended soil conservation measures and proper
farm plans from owners of not less than sixty-five percent of the lands
situated in the watershed district, an annual tax may be imposed for
construction, repair, alteration, maintenance and operation of the
present and future works of improvement within the boundaries of the
watershed district in order to participate in funds from federal sources
appropriated for watershed protection and flood prevention. The annual
tax may be imposed as provided for in subsections 4 and 5 of this section.
3. Within the first quarter of each calendar year, the trustees for the
watershed district shall prepare an itemized budget of the funds needed
for administration of the watershed district and for construction,
operation and maintenance of works of improvement for the ensuing fiscal
year. The budget shall be subject to the approval of the watershed
district trustees pursuant to section 278.240.
4. The * trustees of the watershed district, pursuant to section 278.240,
shall make the necessary levy on the assessed valuation of all real
estate within the boundaries of the watershed district to raise the
needed amounts, but in no event shall the levy exceed forty cents on each
one hundred dollars of assessed valuation per annum and, on or before the
first day of September of each year, shall certify the rate of levy to
the county commission of the county or counties within which the
watershed district is located with directions that at the time and in the
same manner required by law for the levy of taxes for county purposes the
county commission shall levy a tax at the rate so fixed and determined
upon the assessed valuation of all real estate within the watershed
district, in addition to such other taxes as are levied by the county
commission.
5. The body having authority to levy taxes within the county shall levy
the taxes provided in this law, and all officials charged with the duty
of collecting taxes shall collect the taxes at the time and in the form
and manner and with like interest and penalties as other taxes are
collected; computation shall be made on the regular tax bills, and when
collected shall pay the same to the watershed district ordering its levy
and collection or entitled to the same, and the payment of such
collections shall be made monthly to the treasurer of the watershed
district. The proceeds shall be kept in a separate account by the
treasurer of the watershed district and identified by the official name
of the watershed district in which the levy was made. Expenditures from
the fund shall be made on requisition of the chairman and secretary of
the watershed district board of trustees.
6. All taxes levied under this law, together with interest thereon and
penalties for default in payment thereof, and all costs of collecting the
same, shall, until paid, constitute a perpetual lien on and against the
property taxed, and such lien shall be on a parity with the tax lien of
general taxes, and no sale of such property to enforce any general tax or
other lien shall extinguish the perpetual lien of watershed district
taxes.
7. If the taxes levied are not paid as provided in this section, then the
delinquent real property shall be sold at the regular tax sale for the
payment of the taxes, interest and penalties, in the manner provided by
the statutes of the state of Missouri for selling property for the
nonpayment of general taxes. If there are no bids at the tax sale for the
property so offered, the property shall be struck off to the county or
other agency provided by law, and the county or agency shall account to
the district in the same manner as provided by law for accounting for
school, town, and city taxes.
8. For purposes of section 22 of article X of the Constitution of
Missouri, the tax authorized in the ballot submitting the proposition to
form the watershed district under section 278.240, if approved by a
majority of the voters on or prior to November 4, 1980, shall be deemed
the current levy authorized by law on November 4, 1980, if on that date a
levy was not actually imposed or was imposed in a lesser amount. This tax
shall also be considered as the 1984 tax for purposes of section 137.073,
RSMo, in the event no levy was imposed by the watershed district for that
year. (L. 1957 p. 4 § 278.230, A.L. 1963 p. 405, A.L. 1967 p. 376, A.L.
1977 H.B. 457, A.L. 1992 S.B. 443, A.L. 2001 S.B. 462)
*Word "the" appears in original rolls.
1. Petitions for consolidating two or more watershed
subdistricts may be filed with the supervisors of the soil and water
conservation district. In such cases the provisions of sections 278.170
to 278.190 in respect to the creation of a watershed subdistrict shall be
observed.
2. If sixty-five percent of all landowners in each of the areas proposed
to be consolidated voting in the referendum do vote in favor of the
consolidation, the soil and water district supervisors shall declare the
areas consolidated and the action recorded in the official minutes,
except that if any subdistrict shall have issued bonds which are
outstanding at the time of the consolidation, the taxes levied to pay
such bonds and the interest thereon shall be an obligation of only the
property within such component subdistrict. (L. 1969 S.B. 184 § 3)
1. After a watershed subdistrict has been organized and the
organization tax pursuant to section 278.250 has been levied, any county
in the subdistrict which has not adopted the annual tax pursuant to
section 278.250 may detach from the subdistrict upon approval of such
detachment of a majority of the qualified voters voting on the proposed
detachment within such subdistrict in such county; however, before such
detachment the watershed district trustees shall make arrangements for
the county to pay any outstanding indebtedness for services or works of
improvement rendered by the subdistrict in such county.
2. Following the entry in the official minutes of the trustees of the
watershed district of the detachment of the county, the watershed
district trustees shall certify this fact on a separate form, authentic
copies of which shall be recorded with the recorder of deeds in each
county in which any portion of the watershed subdistrict lies and with
the state soil and water districts commission. (L. 2002 S.B. 984 & 985,
A.L. 2004 H.B. 1126)
1. Petitions for including additional land within a duly created
and existing watershed subdistrict may be filed with the supervisors of
the soil and water conservation district and in such cases the provisions
of sections 278.170 to 278.190 in respect to the creation of a watershed
subdistrict shall be observed.
2. If sixty-five percent of all landowners of the area proposed to be
included in the existing subdistrict voting in the referendum do vote in
favor of the inclusion, the proposed area shall be included in the
existing subdistrict and the soil and water district supervisors shall
declare the area duly included and the action recorded in their official
minutes. (L. 1969 S.B. 184 § 4)
Nothing in sections 278.160 to 278.300 shall prevent water
conservation districts, flood prevention districts, drainage districts,
counties or townships or other similar units of government with taxmaking
powers from cooperating with the federal government through their program
as outlined in Public Law 566, 83rd Congress (16 U.S.C.A. Section 1001 et
seq.), and amended in Public Law 1018, 84th Congress, in areas where
there is at present no soil and water conservation district. (L. 1957 p.
4 § 278.230, A.L. 1969 S.B. 184)
1. When a plan of work is approved the * trustees of the
watershed district, pursuant to section 278.240, shall then by resolution
propose that the cost of all works of improvement contemplated in the
plan be paid either by a general levy against all real estate in the
watershed district, subject to the limitations of section 278.250, or
that such cost be paid by special assessment against lands within the
watershed district to be benefited by the installation of the proposed
works of improvement, or that such cost be paid by both such general levy
and special assessment stating the portion to be paid by each method.
2. If the resolution of financing provides that all or any part of the
cost of the works of improvement is to be paid by special assessment of
benefits the trustees of the watershed district, pursuant to section
278.240, shall appoint three appraisers, who shall be residents of the
state of Missouri, and who shall not be landowners in such watershed
district, who shall recommend apportionment of the special assessment to
the tracts of land which will receive benefits from the installation of
the works of improvement proposed in the plan of work. The appraisers
shall have access to all available engineering reports and data
pertaining to the works contemplated and may request additional legal
counsel or engineering data from a registered professional engineer as
found necessary to carry out their duties.
3. The appraisers shall proceed to view the premises and determine the
value of all land or other property within or without the watershed
district, to be acquired and used for rights-of-way or other works set
out in the plan of work; they shall assess the amount of benefits, and
the amount of damage if any, that will accrue to each governmental lot,
forty-acre tract or other subdivision of land according to ownership,
railroad and other rights-of-way, railroad roadways, and other property
from carrying out and putting into effect the plan of work heretofore
adopted, and shall make written reports of their findings to the trustees
of the watershed district. Each appraiser so appointed shall be paid for
his or her services and necessary expenses.
4. Upon receiving the report from the appraisers, the trustees of the
watershed district, pursuant to section 278.240, shall prepare a
resolution which shall contain a list of the tracts of land found to be
benefited and the amount of assessment to be levied against each such
tract, except that no such assessment against any tract of land shall
exceed the estimated benefits to such land by such project. Such tracts
of land shall be legally described and the names of the owners thereof
shall be set forth beside the description of each tract so listed. After
adopting such resolution the trustees of the watershed district, pursuant
to section 278.240, shall fix a time and place for hearing any complaint
that may be made as to the benefit to any tract of land appraised, notice
of which hearing shall be given by the secretary by publication pursuant
to section 278.190. The board of** trustees at the hearing may alter the
benefits to any tract if, in its judgment, the same has been appraised
too high or too low. The hearing shall be conducted in the manner set
forth in section 278.200. The trustees of the watershed district,
pursuant to section 278.240, shall immediately after the hearing pass a
resolution fixing the benefit assessment as to each tract of land.
5. After the resolution fixing the benefit assessment has been adopted
the trustees of the watershed district, pursuant to section 278.240,
shall submit the proposal for collection of such assessed benefits to the
owners of the lands so assessed for approval and if bonds are to be
issued the amount of the issue so proposed, the rate of interest, and the
amount of any necessary tax levy in excess of the amount authorized in
section 278.250. If two-thirds of the owners of such lands voting favor
the proposal as submitted, it shall be adopted. The provisions of
sections 278.190 to 278.210 as to notice and procedure shall apply to the
referendum held pursuant to this section.
6. The trustees of the watershed district, pursuant to section 278.240,
shall make the necessary general levy against all real estate in the
watershed district and the special assessment against lands within the
watershed district to be benefited by the improvement and shall certify
the rate of levy and the amount of the special assessment to the county
commission of the county or counties in which the watershed district is
located with directions that at the time and in the same manner required
by law for the levy of taxes for county purposes the county commission
shall levy a tax at the rate so fixed and determined upon the assessed
valuation of all real estate within the watershed district and shall levy
the amount of the special assessment, in addition to such other taxes as
are levied by the county commission.
7. The bond issue, authorized by this section in whole or part, may be
offered for sale to the United States Department of Agriculture's Rural
Development or other federal agency without public offering or the
securing of competitive bids on such bond offering. (L. 1967 p. 376, A.L.
1972 H.B. 920, A.L. 1977 H.B. 457, A.L. 1990 H.B. 1070, A.L. 2001 S.B.
462)
*Word "the" appears in original rolls.
**Word "or" appears in original rolls.
1. After a watershed district has been organized for more than
five years and that watershed district does not have any outstanding
bonds, has not constructed or contracted to construct any works of
improvement, nor incurred any continuing obligations for maintenance and
operation of any works of improvement or if any works of improvement have
been constructed, if there are no bonds outstanding, and an agency of the
United States government or the state of Missouri or a county or
municipal corporation of this state has made arrangements satisfactory to
the Secretary of Agriculture and the state soil and water districts
commission to assume responsibility for operating and maintaining such
improvement, not less than fifty percent of the landowners of the
watershed district may petition the governing body of the watershed
district to call for and conduct a referendum upon the disestablishment
of the watershed district. If sixty-five percent of the landowners voting
in referendum do vote in favor of the disestablishment of the watershed
district, the watershed district board shall declare the watershed
district to be disestablished; however, prior to any such declaration the
watershed district board shall pay or make arrangements to pay any
outstanding indebtedness. The provisions of sections 278.190, 278.200 and
278.210 as to notice, qualification of voters and manner of holding the
referendum in organizing a watershed district to the extent practicable
shall apply to the referendum held pursuant to this section.
2. Following the entry in the official minutes of the board or boards of
watershed district supervisors of the disestablishment of the watershed
district, the watershed district supervisors shall certify this fact on a
separate form, authentic copies of which shall be recorded with the
recorder of deeds of each county in which any portion of the watershed
district lies and with the state soil and water districts commission.
3. Whenever a watershed district is declared to be disestablished, the
respective boards of supervisors of the soil and water conservation
districts in which the watershed district was formed shall take charge of
all property and funds of the watershed district. After all property has
been sold and the obligations of the watershed district are met, any
remaining funds shall be turned over to the county commissions of the
respective counties. (L. 1967 p. 376, A.L. 1969 S.B. 184, A.L. 2001 S.B.
462)
If a soil and water conservation district is disestablished
pursuant to section 278.150, the state soil and water districts
commission shall have the same responsibilities as the soil and water
conservation district with respect to formation, consolidation and
disestablishment of any watershed district or portion thereof, organized
within the boundaries of such soil and water conservation districts. In
all other matters after a district is disestablished, the commission
shall act in an advisory capacity to the watershed district board in lieu
of the soil and water district board. (L. 1967 p. 376, A.L. 2001 S.B. 462)
|
|
|
|
