Missouri State Land Right-of-Way (3-MO-b)
State Land Right-of-Way Process
3-MO-b.1 – Contact State Agency with Jurisdiction Over the State Lands
The developer should contact the state agency having jurisdiction over the state lands where the project will be located, to discuss the process for obtaining an easement to use state lands.
3-MO-b.2 to 3-MO-b.3 – Does the State Agency Have the Authority to Grant an Easement to Use State Lands?
If the state agency with jurisdiction over the state lands has the authority to grant an easement for the developer to use state lands, the developer should follow the agency’s procedures for requesting and obtaining an easement to use state lands.
3-MO-b.4 – Submit Request for Easement to Use State Lands
If the state agency with jurisdiction over the state lands does not have the authority to grant an easement for the use of state lands, the state agency may submit a request for an easement to the Missouri Board of Public Buildings, on behalf of the developer. Mo. Rev. Stat. § 37.005.9.
3-MO-b.5 – Review Agency’s Request for Easement to Use State Lands
Upon receipt, the Missouri Office of Administration Division of Facilities Management, Design, and Construction (“FMDC”]], the Missouri Board of Public Buildings, the Governor, the Lieutenant Governor, and the Attorney General, will review the agency’s request. Any easement granted by the Governor for the use of state lands must be for the purpose of promoting the general health, welfare and safety of the public. Mo. Rev. Stat. § 37.005.9.
3-MO-b.6 to 3-MO-b.8 – Does the Board of Public Buildings Approve the State Agency’s Request?
If the Governor and the Board of Public Buildings approve the state agency’s request, the Board of Public Buildings will issue an easement to use state lands to the developer. The Attorney General must approve the form of the easement and the developer must pay the agreed upon consideration for the use of state lands. Mo. Rev. Stat. § 37.005.9.
Note: An easement for a purpose not specifically listed in Mo. Rev. Stat. § 37.005.9 requires authorization of the General Assembly. Therefore, conveyance legislation would likely be necessary for the State to transfer property to a private developer.
Upon receiving a request for a conveyance of State property, FMDC confers with any necessary state agencies and gathers information about the property in question, including obtaining a survey, legal description, and appraisal of the property. The Missouri Office of Administration Office of Budget and Planning then prepares draft legislation, which is presented to the General Assembly. Once a bill authorizing transfer of the property is truly agreed and finally passed and the Governor has signed the bill into law, FMDC proceeds with the conveying the property. FMDC markets the property if necessary and negotiates a real estate contract with the grantee. FMDC also coordinates the closing of the transfer, including preparing the closing documents. FMDC submits the draft of the deed or easement for the property to the Attorney General for approval and signature. Upon approval by the Attorney General, the deed or easement is sent to the Governor for signature and then to the Secretary of State for seal and signature. Upon signature by all officials, FMDC forwards the executed deed to the grantee and finalizes the transfer of the property.
3-MO-b.9 – Appeal Decision (Optional)
Any party aggrieved by the agency's decision may, within 30 days after it receives notice of that decision, file a petition in the circuit court for the de novo review of the agency's decision. Mo. Rev. Stat. § 536.100.
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