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Missouri Revised Statutes

Mo. Rev. Stat. § 71.012 (2026)

Annexation procedure, hearing, exceptions (St. Charles, Jefferson, Perry, and Randolph counties and city of St. Joseph)

✓ current as of May 2026
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  71.012.  Annexation procedure, hearing, exceptions (St. Charles, Jefferson, Perry, and Randolph counties and city of St. Joseph) — contiguous and compact defined — common interest community, cooperative and planned community, defined — objection, procedure. — 1.  (1) Notwithstanding the provisions of sections 71.015 and 71.860 to 71.920, the governing body of any city, town or village may annex unincorporated areas which are contiguous and compact to the existing corporate limits of the city, town or village pursuant to this section.

  (2)  The term "contiguous and compact" does not include a situation whereby the unincorporated area proposed to be annexed is contiguous to the annexing city, town or village only by a railroad line, trail, pipeline or other strip of real property less than one-quarter mile in width within the city, town or village so that the boundaries of the city, town or village after annexation would leave unincorporated areas between the annexed area and the prior boundaries of the city, town or village connected only by such railroad line, trail, pipeline or other such strip of real property.

  (3)  The term contiguous and compact shall include a situation whereby the unincorporated area proposed to be annexed would be contiguous and compact to the existing corporate limits of the city, town, or village but for an intervening state highway or interstate highway as defined in section 304.001, or railroad right-of-way, regardless of whether any other city, town, or village has annexed such state or interstate highway or railroad right-of-way or otherwise has an easement in such state or interstate highway or railroad right-of-way.

  (4)  The term contiguous and compact does not prohibit voluntary annexations pursuant to this section merely because such voluntary annexation would create an island of unincorporated area within the city, town or village, so long as the owners of the unincorporated island were also given the opportunity to voluntarily annex into the city, town or village.

  (5)  For a city, town, or village in a county with more than four hundred thousand but fewer than five hundred thousand inhabitants, the term "contiguous and compact" shall include a situation whereby the unincorporated area proposed to be annexed is contiguous to the annexing city, town, or village by at least eighteen percent of the length of the perimeter of the area proposed for annexation.

  (6)  For a city, town, or village in a county with more than two hundred thousand but fewer than two hundred thirty thousand inhabitants, the term "contiguous and compact" shall include a situation whereby the unincorporated area proposed to be annexed is contiguous to the annexing city, town, or village by at least twenty-five percent of the length of the perimeter of the area proposed for annexation.  No such city, town, or village shall annex an unincorporated area contiguous to any unincorporated area annexed by the city, town, or village within the last twenty-four months.

  (7)  Notwithstanding the provisions of this section, the governing body of any city, town or village in any county of the third classification which borders a county of the fourth classification, a county of the second classification and the Mississippi River may annex areas along a road or highway up to two miles from existing boundaries of the city, town or village or the governing body in any city, town or village in any county of the third classification without a township form of government with a population of at least twenty-four thousand inhabitants but not more than thirty thousand inhabitants and such county contains a state correctional center may voluntarily annex such correctional center pursuant to the provisions of this section if the correctional center is along a road or highway within two miles from the existing boundaries of the city, town or village.

  (8)  Notwithstanding any other provision of this section to the contrary, a city with more than seventy-one thousand but fewer than seventy-nine thousand inhabitants that owns and operates an airport that is outside the boundaries of such city may annex such airport regardless of whether the boundaries of such airport are contiguous and compact to the existing corporate limits of such city.

  2.  (1)  When a notarized petition, requesting annexation and signed by the owners of all fee interests of record in all tracts of real property located within the area proposed to be annexed, or a request for annexation signed under the authority of the governing body of any common interest community and approved by a majority vote of unit owners located within the area proposed to be annexed is presented to the governing body of the city, town or village, the governing body shall hold a public hearing concerning the matter not less than fourteen nor more than sixty days after the petition is received, and the hearing shall be held not less than seven days after notice of the hearing is published in a newspaper of general circulation qualified to publish legal matters and located within the boundary of the petitioned city, town or village.  If no such newspaper exists within the boundary of such city, town or village, then the notice shall be published in the qualified newspaper nearest the petitioned city, town or village.  For the purposes of this subdivision, the term "common-interest community" shall mean a condominium as said term is used in chapter 448, or a common-interest community, a cooperative, or a planned community.

  (a)  A "common-interest community" shall be defined as real property with respect to which a person, by virtue of such person's ownership of a unit, is obliged to pay for real property taxes, insurance premiums, maintenance or improvement of other real property described in a declaration.  "Ownership of a unit" does not include a leasehold interest of less than twenty years in a unit, including renewal options;

  (b)  A "cooperative" shall be defined as a common-interest community in which the real property is owned by an association, each of whose members is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit;

  (c)  A "planned community" shall be defined as a common-interest community that is not a condominium or a cooperative.  A condominium or cooperative may be part of a planned community.

  (2)  At the public hearing any interested person, corporation or political subdivision may present evidence regarding the proposed annexation.  If, after holding the hearing, the governing body of the city, town or village determines that the annexation is reasonable and necessary to the proper development of the city, town or village, and the city, town or village has the ability to furnish normal municipal services to the area to be annexed within a reasonable time, it may, subject to the provisions of subdivision (3) of this subsection, annex the territory by ordinance without further action.

  (3)  If a written objection to the proposed annexation is filed with the governing body of the city, town or village not later than fourteen days after the public hearing by at least five percent of the qualified voters of the city, town or village, or two qualified voters of the area sought to be annexed if the same contains two qualified voters, the provisions of sections 71.015 and 71.860 to 71.920, shall be followed.

  3.  If no objection is filed, the city, town or village shall extend its limits by ordinance to include such territory, specifying with accuracy the new boundary lines to which the city's, town's or village's limits are extended.  Upon duly enacting such annexation ordinance, the city, town or village shall cause three certified copies of the same to be filed with the county assessor and the clerk of the county wherein the city, town or village is located, and one certified copy to be filed with the election authority, if different from the clerk of the county which has jurisdiction over the area being annexed, whereupon the annexation shall be complete and final and thereafter all courts of this state shall take judicial notice of the limits of that city, town or village as so extended.

  4.  That a petition requesting annexation is not or was not verified or notarized shall not affect the validity of an annexation heretofore or hereafter undertaken in accordance with this section.

  5.  Any action of any kind seeking to deannex from any city, town, or village any area annexed under this section, or seeking in any way to reverse, invalidate, set aside, or otherwise challenge such annexation or oust such city, town, or village from jurisdiction over such annexed area shall be brought within five years of the date of adoption of the annexation ordinance.

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(L. 1976 H.B. 1362, A.L. 1978 S.B. 738, A.L. 1980 H.B. 1110, A.L. 1986 H.B. 1135 merged with H.B. 1261, A.L. 1989 H.B. 487, A.L. 1990 H.B. 1536, A.L. 1993 S.B. 376, A.L. 1995 H.B. 414, A.L. 1996 H.B. 1237, A.L. 1998 H.B. 1352, A.L. 1999 S.B. 160 & 82, A.L. 2005 H.B. 58, A.L. 2007 H.B. 459 merged with S.B. 22 merged with S.B. 30, A.L. 2013 S.B. 58, A.L. 2018 S.B. 881, A.L. 2026 H.B. 2818)

Severability clause, see § 71.022

(1987) The objection procedure provided by subdivision (3) of subsection 2 of this section is not available to a county.  St. Louis County v. Village of Peerless Park, 726 S.W.2d 405 (Mo.App.).

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1977–2023 · leading case: Dodson v. City of Wentzville, 133 S.W.3d 528 (Mo. Ct. App. 2004).
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Dodson v. City of Wentzville, 133 S.W.3d 528 (Mo. Ct. App. 2004). · cites it 12× “In Reed , our court found that a property owner whosé land was adjacent to an area a city sought to annex had standing to contest a voluntary annexation on the grounds that it did not comply with the compact and contiguous requirement of section 71.012. 3 913 S.W.2d at 64 . We…”
St. Louis Cnty. v. Vill. of Peerless Park, 726 S.W.2d 405 (Mo. Ct. App. 1987). · cites it 18× “We next address County’s contention that there were material issues of fact with regard to whether or not Ordinance 1-1985 was validly passed by the Peerless Park Board of Trustees in accord with § 71.012 RSMo Supp.1984 and § 80.010 RSMo 1878, and that therefore the granting of…”
State Ex Inf. Sanders Ex Rel. City of Lee's Summit v. City of Lake Lotawana, 220 S.W.3d 794 (Mo. Ct. App. 2007). · cites it 24× “Lake Lotawana also argues that Lee’s Summit lacked standing because it did not assert its action under Section 71.012, RSMo 2000, its exclusive remedy.”
State Ex Inf. Nesslage v. City of Lake St. Louis, 718 S.W.2d 214 (Mo. Ct. App. 1986). · cites it 16× “Meanwhile, Dardenne Prairie sought to voluntarily annex areas including the same portions of Henke Road under § 71.012, RSMo.Cum.Supp.1984, through two ordinances to that effect.”
City of Town & Country v. St. Louis Cnty., 657 S.W.2d 598 (Mo. 1983). · cites it 6× “In preparation for public hearing on annexation, section 71.012(2), RSMo 1978, mandates notice by publication in newspapers of general circulation.”
Dodson v. City of Wentzville, 216 S.W.3d 173 (Mo. Ct. App. 2007). · cites it 8× “Section 71.012 also sheds light on the meaning of the terms “contiguous” and “compact.”
City of St. Joseph v. Vill. of Agency, 223 S.W.3d 171 (Mo. Ct. App. 2007). · cites it 17× “On March 22, 2005, landowners in the City’s proposed annexation territory initiated efforts to voluntarily annex their land to the Village by submitting a petition pursuant to Section 71.012. On April 22, 2005, and June 28, 2005, the Village adopted two ordinances approving the…”
Martee v. City of Kennett, 784 S.W.2d 621 (Mo. Ct. App. 1990). · cites it 10× “By his petition for a declaratory judgment the plaintiff, a nonconsenting owner of a peninsula or an enclave in an area surrounded by consenting owners, seeks to establish that Ordinance 2040, annexing the surrounding area to the City of Ken-nett, adopted pursuant to § 71.012,…”
Curtis v. City of Hillsboro, 277 S.W.3d 707 (Mo. Ct. App. 2008). · cites it 16× “The Dodson court also noted that Section 71.012 sheds light on the meaning of the terms “contiguous” and “compact.”
Battlefield Fire Prot. Dist. v. City of Springfield, 941 S.W.2d 491 (Mo. 1997). · cites it 6× “Battlefield’s action against Springfield sought a declaratory judgment that Springfield’s annexation of certain property in Greene County, Missouri did not follow proper procedures under § 71.012, RSMo 1994, and therefore the property remains under Battlefield’s jurisdiction.”
City of Perryville v. Brewer, 557 S.W.2d 457 (Mo. Ct. App. 1977). · cites it 5× “Those annexations were alleged to have been accomplished under the provisions of § 71.012 RSMo.Supp.1976, which governs annexations petitioned by real property owners in the annexed area and not objected to by any interested persons.”
Farmers' Elec. Coop., Inc. v. Missouri Dep't of Corr., 977 S.W.2d 266 (Mo. 1998). · cites it 2× “Rather, it -is an act that can be done by any party, public or private, that meets the requirements of section 71.012. If the state’s act of requesting and agreeing to voluntary annexation would be considered a sovereign act, it would be difficult to imagine any act by a…”
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Mo. Rev. Stat. § 71.012(2): 1 case
City of Town & Country v. St. Louis Cnty., 657 S.W.2d 598 (Mo. 1983). “In preparation for public hearing on annexation, section 71.012(2), RSMo 1978, mandates notice by publication in newspapers of general circulation.”
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