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TOPIC: Cell Tower Lawsuit re HB 331 & 345

Cell Tower Lawsuit re HB 331 & 345 4 years 2 months ago #41

  • JYackley
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The Missouri legislature passed HB331 and HB345 during the last legislative session. These bills (1) deprive cities of all zoning authority on collocations and existing structure replacement, (2) severely limit zoning control on all other telecom towers and antennas, (3) eliminate franchises and permits for ROW use for a special class of utilities operating prior to 2001, (4) allow telephone companies to waive rate limits and other PSC regulations, (5) impose unfunded mandates on cities, (5) severely impact the rights of cities to control their own utility poles as to wired pole attachments as well as other property relating to wireless users, among many more significant impacts on cities and taxpayers.

The bills were to go into effect on August 28th. The Circuit Court in Cole County has issued an injunction until it can rule further. A copy of the injunction is attached. You can find a copy of the legislation at www.house.mo.gov/billtracking/bills131/b...df/truly/HB0331T.PDF
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Last Edit: 4 years 2 months ago by JYackley.
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Re: Cell Tower Lawsuit re HB 331 & 345 4 years 1 week ago #46

  • JYackley
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On October 22nd the Circuit Court in Cole County issued a final judgment in favor of the City of Liberty and five other cities against the State of Missouri and ruling that HB 331 and HB 345 were unconstitutional and were permanently enjoined.

These bills had been signed by the Governor but placed numerous significant limitations on local government authority to protect property owners and residents relating to cell towers and antennas, and further limited control over City rights-of-way, utility poles and property, among other subjects negatively impacting our members and constituents.

Specifically, the decision holds that HB 331 and HB345 are unconstitutional in that they contain multiple subjects and violate the Clear Title and Original Purpose provisions of the Missouri Constitution in combining many unrelated subjects.

Update courtesy of the Missouri Municipal League
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