☰ Revisor of Missouri

There are multiple enactments of 238.212


Chapter 238

< > Effective - 28 Aug 2022, 2 histories    bottom

  *238.212.  Notice to public, how. — 1.  If the petition was filed by registered voters or by a governing body, the circuit clerk in whose office the petition was filed shall give notice to the public by causing one or more newspapers of general circulation serving the counties or portions thereof contained in the proposed district to publish once a week for four consecutive weeks a notice substantially in the following form:


Notice is hereby given to all persons residing or owning property in (here specifically describe the proposed district boundaries), within the state of Missouri, that a petition has been filed asking that upon voter approval, a transportation development district by the name of "_________  Transportation Development District" be formed for the purpose of developing the following transportation project: (here summarize the proposed transportation project or projects). The petition also requests voter approval of the following method(s) of funding the district, which (may) (shall not) increase the total taxes imposed within the proposed district: (describe the proposed funding methods). A copy of this petition is on file and available at the office of the clerk of the circuit court of _________  County, located at _________ , Missouri. You are notified to join in or file your own petition supporting or answer opposing the creation of the transportation development district and requesting a declaratory judgment, as required by law, no later than the _________  day of _________ , 20_________ . You may show cause, if any there be, why such petition is defective or proposed transportation development district or its funding method, as set forth in the petition, is illegal or unconstitutional and should not be submitted for voter approval at a general, primary or special election as directed by this court.
Clerk of the Circuit Court of _________  County


  2.  The circuit court may also order a public hearing on the question of the creation and funding of the proposed district, if it deems such appropriate, under such terms and conditions as it deems appropriate.  The circuit court shall order at least one public hearing on the creation and funding of the proposed district, if the petition for creating such district was filed by the owners of record of all real property within the proposed district.  If a public hearing is ordered, notice of the time, date and place of the hearing shall also be given in the notice specified in subsection 1 of this section.

  3.  The notice required by this section shall also be sent to the Missouri department of revenue, which shall publish and maintain such notice on its website.


(L. 1990 S.B. 479 & 649 § 40, A.L. 1997 S.B. 303, A.L. 2009 H.B. 191, A.L. 2022 H.B. 1606)

*Revisor's Note:  This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below).

(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution.  The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety.  Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).

---- end of effective  28 Aug 2022 ----

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238.212 8/28/2022
238.212 8/28/2009

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