Category Archives: Missouri

Private dam not grandfathered from safety regs

Posted on

Because the possibility that a dam could break is a continuing risk, an old dam isn’t exempt from newer rules for dam safety. So said the Missouri Supreme Court in an opinion released on May 5, 2009, reversing the ruling of a Springfield trial judge.

The trial judge threw out a suit filed by the Missouri Attorney General against the Olives, who had purchased a farm with an old dam on it. The suit alleged that the Olives violated the Missouri dam and reservoir safety law by failing to register the dam with the Missouri Dam and Reservoir Safety Council, a state agency. The dam was built in 1974, five years before the dam and reservoir safety regulations went into effect.

Registration of a dam triggers the implementation of a safety program and requires the submittal of an as-built survey of the dam. In other words, registration is the beginning of a process that allows the Dam and Reservoir Safety Council to keep track of the dam, make requirements for maintenance and repairs, and review any proposals for modification of the dam.

The trial judge’s decision was based on two points Read the rest of this entry

When the iris blooms, it’s time to challenge your property tax value

Posted on

iris-and-tax-notice-002

You may think of property taxes only when you get your property tax bill in November, with your taxes due by year end. But in November and December, you’re generally too late to do anything but pay the taxes.

Spring is the time of year that you can actually do something about the amount of your taxes, so that the November tax statement will not be such a shock. You can appeal to the board of equalization. Here’s how Read the rest of this entry

It’s time to enjoy Ozarks creeks, legally


Many canoeists, like these, are ignorant of Missouri law, and couldn't care less.

Many canoeists, like these two, are ignorant of Missouri law and couldn't care less.

Much of the fun in the creeks of the Ozarks is good, clean fun. But it’s not always legal.

Figuring out what is a legal use or behavior with regard to creeks and streams isn’t always easy, because several different federal and state agencies administer a confusing and overlapping bunch of rules. And what folks think they know that just ain’t so would fill a lake.

I’ve added a permanent page here called “Missouri water law primer: streams”  which I hope will help. Please comment to let me know if you know of something that I might add or clarify. I’m also planning to  add other pieces relating to water wells and groundwater and lakes and boat docks.

My brother Emery Styron publishes, online and in print, a monthly newsmagazine, River Hills Traveler, and Guides and Outfitters, which is a statewide (for Missouri) directory of canoe outfitters, campgrounds, hunting and fishing guides, etc., with links to river and lake levels, and other useful and interesting information.

Missouri Supreme Court disses certified mail notice


A unanimous opinion of the Missouri Supreme Court, dated March 31, 2009, holds that section 140.405 of the Missouri Revised Statutes is unconstitutional.

This statute provides for notice by certified mail to delinquent property taxpayers that someone has paid the taxes on their real estate and that they must redeem their property by paying the taxes, or lose it. If the certified mail notice is unclaimed, the person giving the notice (who is the purchaser of a tax certificate at a sale of delinquent property), that person must take additional steps to notify the delinquent taxpayer that a collector’s deed will be issued to the person who purchased the tax certificate. Read the rest of this entry

Branson Landing and FEMA


Several people have asked me about my take on the allegations that FEMA was given incomplete or inaccurate information about the flood-plain status of buildings in Branson Landing.

My firm represents several tenants and condo unit owners in Brans0n Landing and also represents another party in an appeal of an administrative determination made by Branson’s Department of Planning and Development.

I am withholding comment about the Branson Landing-FEMA controversy for two reasons:

  • I don’t know anything
  • I don’t want to inadvertently make a statement that would affect my firm’s ability to represent its clients.

This property is condemned! How does that work?


img_0677

Condemnation of property gets the blood pumping. The signs posted on this dilapidated trailer by the City of Branson indicate that it is “condemned,” but most of us don’t understand exactly what this means.

Condemnation has two meanings for local governments and property owners: Read the rest of this entry

SB 230: The Uniform Planned Communities Act


Today, I’ll travel to Jefferson City to testify before a Senate committee in favor of the Uniform Planned Communities Act, which is Senate Bill 230, sponsored by Sen. Joan Bray.

I have testified in support of the UPCA at two or three times previously. I’m not a lobbyist, and I testify for myself at my own expense, taking off work to do so. Here’s why: Read the rest of this entry

Film production injects dollars into Ozarks


The filming of Daniel Woodrell‘s novel “Winter’s Bone” at various locations in the Forsyth area will conclude next week. The story of the novel and movie concerns an Ozarks family affected by meth and violence. The silver lining to this depiction is that the process of making a movie puts cash from elsewhere into the local economy. This time of year, especially, that seems to be a good thing, since local unemployment is in double digits.

Jerry, Raeanne and Andrea at Cantina Laredo

Jerry, Raeanne and Andrea

I was invited to lunch yesterday by Jerry Jones, director of the Missouri Film Commission, who was making a visit to the set. I dined at Cantina Laredo with Jerry, his wife Pam (who is my friend from college days), Branson mayor Raeanne Presley, Steve Olson of Springfield, Bill Lennon of Branson, and Andrea Sporcic, assistant director of the Film Commission.

When Mayor Presley was on the Missouri Tourism Commission, she became acquainted with the work of the Missouri Film Commission, whose effectiveness in recruiting film productions to Missouri depends on Missouri’s film tax credit program, which provides an incentive for filmmakers to come to Missouri in the form of state tax credits for those film productions that spend a substantial amount of money in the state.

The production company has been lodged at Branson Landing, with a production office at the Branson Landing Convention Center. The company has hired extras locally and at least one local has a speaking part. Read the rest of this entry

Court reminds city that its powers are limited


Elected officials tend to think that they ought to be able to do whatever seems reasonable under the circumstances. But the Court of Appeals for the Eastern District of Missouri took a different view, in Cliff Hindman Real Estate, Inc. v. City of Jennings, handed down March 10, 2009. The Court of Appeals struck down an ordinance requiring landlords to buy licenses from the City, because Read the rest of this entry

Constitutional problem? Who ya gonna call?


img_05692

The United States Constitution is important as the statement of principles that restrain the things that the government can do. While we think of the Constitution as the document granting basic rights–to keep and bear arms and to express ourselves–the Constitution, primarily through the Bill of Rights and the Fourteenth Amendment, functions by restraining the government from taking our property without due process, from quartering soldiers in our homes, from punishing us for conduct that was legal when we did it, and from unreasonable searches and seizures, among other things.

Constitutional protections are implemented through Read the rest of this entry