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Title VII CITIES, TOWNS AND VILLAGES

Chapter 79

Effective - 28 Aug 1969 bottom

  79.380.  Diseases, control of — condemnation for public facilities — police jurisdiction, city-owned property. — The board of aldermen may make regulations and pass ordinances for the prevention of the introduction of contagious diseases in the city, and for the abatement of the same, and may make quarantine laws and enforce the same within five miles of the city.  They may purchase or condemn and hold for the city, within or without the city limits, or within ten miles therefrom, all necessary lands for hospital purposes, waterworks, sewer carriage and outfall, and erect, establish and regulate hospitals, workhouses, poorhouses, airports and provide for the government and support of the same, and make regulations to secure the general health of the city, and to prevent and remove nuisances; except that the condemnation of any property outside of the city limits shall be regulated in all respects as the condemnation of property for railroad purposes is regulated by law.  The police jurisdiction of the city shall extend over such land and property to the same extent as over other city property, as provided in this chapter.

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(RSMo 1939 § 7173, A.L. 1969 p. 136)

Prior revisions: 1929 § 7023; 1919 § 8474; 1909 § 9376

CROSS REFERENCE:

Waterworks, cities may own and operate, 91.090 to 91.300

(1960) Fourth class city held not subject to county zoning ordinance in connection with its sewage treatment plant located two and a half miles from city limits. State ex rel. Askew v. Kopp (Mo.), 330 S.W.2d 882.

(1962) Injunction issued to prevent city of fourth class from constructing and maintaining sewage treatment facilities outside city limits in area designated by zoning ordinance of constitutional charter county as residential. St Louis County v. City of Manchester (Mo.), 360 S.W.2d 638.

(1967) Sections 71.680 and 79.380, RSMo, when considered in pari materia, authorize condemnation by fourth class cities of easements and land for sewer lines and lagoons within five miles of the city, and by necessary implication, such cities have the authority to condemn an access easement in order to construct and maintain sewer lines and lagoons. State v. Riley (Mo.), 417 S.W.2d 1.

(1998) Nothing in this section authorizes city to condemn existing hospital in order to operate it for same use.  Smithville v. St.  Luke's Northland Hospital, 972 S.W.2d 416 (W.D.Mo.).


---- end of effective   28 Aug 1969 ----

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