Section 80.020

Title VII CITIES, TOWNS AND VILLAGES

Chapter 80

Effective - 28 Aug 1939   

  80.020.  Towns and villages — how incorporated. — Whenever two-thirds of the taxable inhabitants of any town or village within this state shall present a petition to the county commission of the county, setting forth the metes and bounds of their village and commons, and praying that they may be incorporated under a police established for their local government, and for the preservation and regulation of any commons appertaining to such town and village, and the county commission shall be satisfied that two-thirds of the taxable inhabitants of such town or village have signed such petition, and that the prayer of such petition is reasonable, the county commission may declare such town or village incorporated, designating in such order the metes and bounds thereof, and thenceforth the inhabitants within such bounds shall be a body politic and corporate, by the name and style of "The town of ______" naming it and by that name they and their successors shall be known in law; have perpetual succession, unless disincorporated; sue and be sued; plead and be impleaded; defend and be defended in all courts and in all actions, pleas and matters whatsoever; may grant, purchase, hold and receive property, real and personal, within such town and no other, burial grounds and cemeteries excepted; and may lease, sell and dispose of the same for the benefit of the town, and may have a common seal, and alter the same at pleasure.

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(RSMo 1939 § 7242)

Prior revisions: 1929 § 7091; 1919 § 8541; 1909 § 9430

(1971) Where vast majority of six square mile area included within proposed incorporation was being used for agricultural purposes and was not within the boundaries of the existing village, nor an integral part thereof and had no logical relationship to the existence and function of the village as a municipality, the judgment affirming the order incorporating the village was reversed. In re Incorporation of Village of Lone Jack (A.), 471 S.W.2d 513.

(1976) Held, that while incorporation was improper, the state was barred by laches (22 years in this case) from challenging validity of incorporation. State ex rel. King v. Village of Praethersville (A.), 542 S.W.2d 578.