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Missouri Revised Statutes

Mo. Rev. Stat. § 71.860 (2026)

Application of section 71.015

✓ current as of May 2026
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  71.860.  Application of section 71.015 — exceptions. — The provisions of section 71.015 shall apply as well to all cities, towns, villages and municipalities of whatsoever kind, located in any county with a charter form of government where fifty or more cities, towns and villages have been incorporated, except as provided in section 71.920 and sections 72.400 to 72.420.

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(L. 1963 p. 126 § 1, A.L. 1989 H.B. 487, A.L. 1995 H.B. 446)

(1966)  Held that Sawyers Act did not apply to 1960 annexation by constitutional charter city as 1963 amendment specifically providing for application to constitutional charter cities located in St. Louis County (§ 71.860, RSMo) does not apply retroactively.  Witt v. City of Webster Groves (A.), 398 S.W.2d 16.

(1966) Legislature in enacting statutes specifically relating to annexation in first class charter county intended that compliance therewith should precede compliance with general annexation statutes so that election provided for in special provision must precede obtaining a declaratory judgment as to reasonableness of proposed annexation.  City of Kirkwood v. Allen (Mo.), 399 S.W.2d 30.

(1966) The unconstitutionality of Section 71.015 applying Sawyers Act to constitutional charter cities as mandatory procedure does not render invalid other section of Sawyers Act relating to annexation as applied to such cities.  St. Louis County v. City of Florissant (Mo.), 406 S.W.2d 281.

Notes of Decisions
Cited in 10 cases, 1965–1993 · leading case: City of Kirkwood v. Allen, 399 S.W.2d 30 (Mo. 1966).
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City of Kirkwood v. Allen, 399 S.W.2d 30 (Mo. 1966). · cites it 50× “Section 71.860 reads as follows: "The provisions of section 71.”
City of Bridgeton v. Ford Motor Credit Co., 788 S.W.2d 285 (Mo. 1990). · cites it 5× “Section 71.860 states that the provisions of § 71.”
Twedell v. Town of Normandy, 581 S.W.2d 438 (Mo. Ct. App. 1979). · cites it 4× “Curiously, both parties have ignored or overlooked the fact that on the last mentioned date, §§ 71.860 through 71.920 went into effect and what impact these sections have on this case.”
City of Creve Coeur v. Brame, 446 S.W.2d 173 (Mo. Ct. App. 1969). · cites it 6× “*175 The Lindners raise three issues: The sufficiency of evidence to show the annexation was reasonable and necessary; the trial court’s exclusion of evidence that persons voting in the area to be annexed were unqualified; and that the City must hold two separate elections, one…”
St. Louis Cnty. v. City of Florissant, 406 S.W.2d 281 (Mo. 1966). · cites it 16× “(the "Sawyers Act"), and §§ 71.860 to 71.920, Laws of Mo. 1963. Noncompliance by the city with such provisions is admitted.”
St. Louis Cnty. v. Vill. of Peerless Park, 726 S.W.2d 405 (Mo. Ct. App. 1987). · cites it 2× “1984; § 71.860 RSMo 1978; § 71.870 RSMo Cum.Supp.”
O'REILLY v. City of Hazelwood, 850 S.W.2d 96 (Mo. 1993). “1991 or §§ 71.860- *100 71.920 RSMo 1986 & Supp.1991.”
City of Ballwin v. Hardcastle, 765 S.W.2d 324 (Mo. Ct. App. 1989). “It did not repeal RSMo § 71.860 which serves to make § 71.015 applicable to cities located in any first class county which adopted a constitutional charter for its own local government.”
Witt v. City of Webster Groves, 398 S.W.2d 16 (Mo. Ct. App. 1965). · cites it 9× “In 1963, the legislature amended the Sawyers Act by including, among other additions and changes, a new section now known as § 71.860, RSMo 1959, V.A.M.S. (See Laws of Mo.”
City of Creve Coeur v. Huddleston, 405 S.W.2d 536 (Mo. Ct. App. 1966). “Thereafter, in February, 1963, the City’s Board of Aldermen passed a resolution declaring that the area to be annexed would be a reasonable extension of its boundaries, asserting that the City could furnish municipal services therein, and authorizing this action for a…”
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