Section 253.409

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 253

Effective - 28 Aug 1994   

  253.409.  Designation of historic districts, structure or sites, certain counties, procedure — property owners must concur — not applicable to cities (Greene and Christian counties). — In any county of the first classification which contains a city with a population of one hundred thousand or more inhabitants which adjoins no other county of the first classification and in any county with a population of at least thirty-two thousand inhabitants which adjoins such a county, prior to the designation of any historic district, landmark, building, structure or site by any historic preservation officer, or by any county on the recommendation of any local historic preservation commission established pursuant to section 253.415, such historic preservation officer or the governing body of the county shall send notice to all owners of real property within any such district which is to be designated as a historic district or to all owners of real property whose property is to be designated as a historic landmark, building, structure or site in the manner prescribed in this section.  Such notice shall be sent by registered mail at least fifteen days prior to the date of such designation and shall provide the property owner the right to approve or reject the proposed designation.  If a majority of property owners within the proposed historic district object to the proposed designation, or if the owner of real property which is proposed to be designated as a historic landmark, building, structure or site objects to the proposed designation, the historic preservation officer or, in the case of a proposed local designation pursuant to section 253.412^*, the governing body of the county, shall not designate the historic district, landmark, building, structure or site unless and until a majority of such property owners of the proposed historic district or the owner of real property which is proposed to be designated as a historic landmark, building, structure or site withdraw their objections.  The provisions of this section shall not apply to any city located within a county described in this section.

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(L. 1994 H.B. 1094)

*Section 253.412 was repealed by S.B. 843, 2018.