Mo. Code Regs. tit. 10 § 40-9.050

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 40-9.050 - Management and Disposition of Land and Water

PURPOSE: This rule sets forth requirements for management and disposition of land and water acquired for reclamation purposes by the state under the state reclamation plan pursuant to sections 444.810, 444.[8]925.5, 444.[8]925.6, and 444.940, RSMo.

(1) Management of Acquired Lands.

(A) Land acquired under 10 CSR 40-9.040 may be used pending disposition under section (2) of this rule for any lawful purpose that is not inconsistent with the reclamation activities and post-reclamation uses for which it was acquired.

(2) Disposition of Reclaimed Lands.

(A) Prior to the disposition of any land acquired under this section, the commission shall-

1. Publish a notice which describes the proposed disposition of the land in a newspaper of general circulation within the area where the land is located for a minimum of four (4) successive weeks. The notice shall provide at least thirty (30) days for public comment and state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments on the plans should be submitted. The notice shall also state that a public hearing will be held if requested by any person;

2. Hold a public hearing if requested as a result of the public notice. The commission may determine that a hearing is appropriate even if a request is not received. It shall be scheduled at a time and place that affords local citizens and political subdivisions the maximum opportunity to participate. The time and place of the hearing shall be announced in a newspaper of general circulation in the area in which the land is located at least thirty (30) days before the hearing. All comments received at the hearing shall be recorded; and

3. Make a written finding that the proposed disposition is appropriate considering all comments received and consistent with any local, state, or federal law or regulations which apply.

(B) The administrative responsibility for land acquired under this part may be transferred in accordance with applicable law, and with approval of the regional director of the office, to any agency or political subdivision of the state with or without cost to that agency. The agreement, including amendments, under which a transfer is made shall specify-

1. The purposes for which the land may be used consistent with the authorization under which the land was acquired; and

2. That the administrative responsibility for the land will revert to the commission if, at any time in the future, the land is not used for the purposes specified.

(C) In accordance with applicable law and with approval by the regional director of the office, title to abandoned and unreclaimed land may be transferred to the United States to be reclaimed and administered by the office.

(D) The commission, in accordance with applicable law and with the approval of the regional director of the office, may sell land acquired under 10 CSR 40-9.040 by public sale if such land is suitable for industrial, commercial, residential, or recreational development and if such development is consistent with local, state, or federal land-use plans for the area in which the land is located.

1. Land shall be sold by public sale only if it is found that retention by the state or disposal under this section is not in the public interest.

2. Land will be sold for not less than fair market value in accordance with the following minimum procedures, and such other procedures utilized for each sale:

A. Publication of a notice once a week for four (4) consecutive weeks in a newspaper of general circulation in the locality in which the land is located. This notice shall describe the land to be sold, state the appraised value, state any restrictive covenants which will be a condition of the sale, and state the time and place of the sale; and

B. Sealed bids to be submitted prior to the sale date followed by an oral auction open to the public.

(E) All monies received from disposal of land under this rule will be deobligated and returned to the office.

10 CSR 40-9.050

AUTHORITY: section 444.810, RSMo 1994.* Original rule filed June 11, 1981, effective 10/13/1981.

Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority 1979, amended 1983, 1993.