A dispute resolution mechanism is in place for Jackson County (Section 71.860) and would apply to disputed overlap properties should the contributing municipality object by ordinance.

The act expands several sections relating to municipal annexation and boundaries. The act adds that under Section 72.080, a petition against incorporation will be held to the same standard as Section 72.403 (setting forth numerous factors such as impact on tax base and availability of low income housing), and gives the judge the power to enjoin the incorporation.

The act also changes the qualifications to be elected to a Boundary Commission from currently excluding officers, employees and contractors of political subdivisions, to now excluding officers, employees and contractors of municipalities and counties.

The act allows the Boundary Commission to allow the proposing agent of a boundary change to make minor changes to the proposal. The act also now restricts the process of a simplified boundary change under Section 72.405(6) to now only require signatures of residential property owners, where current law specifies only "owners". It also expands the ability to transfer under this section from inter-municipality, to now include municipality/county transfers. This section now requires a $2,000 filing fee for every proposal.

This act changes the population requirements of a "unincorporated pocket" from a population of less than 5,000, to less than 200.

The act adds a new section which requires land contained in a disapproved boundary changes to be left out of other proposed boundary changes for at least 3 years after the disapproval. The new section also sets a time limit to gathering petition signatures of 280 days after the first signature.

Another new section allows unincorporated lands to remain unincorporated so long as:

1) A petition signed by 15% of gubernatorial voters in the area is given to the Boundary Commission;

2) A legal description accompanies the petition;

3) The area has a population of less than 5,000;

4) The county governing body passes a resolution within 30 days of petition filing that it is appropriate and reasonable to remain unincorporated;

5) Voter approval.

Petitions filed under this section take precedence over any other boundary proposal affecting the same area. Other boundary proposals shall not take effect until the unincorporated proposal is voted upon.

CHARLES HATCHER