Opinion letter to the Honorable Ralph Combs

February 18, 1969 Honorable ~alph Combs State Representative - District 89 r-!issouri House of Representatives State of Missouri State Capitol Building Jefferson City, Missouri 65101 Dear Representative Combs: F\ LED 11 OPINION LETTER NO . 18 You sub~itted a request for an opinion from t his office as follol'TB: "* • * The City of Pattonsbur ~ is located within an area proposed to be acquired by the Federal Government for the creation of a reservoir. This City \'Till be put out of existence by reason of t his feder al project . Under these circum- stances, does this City have t he power to condemn other l and in order to relocate out- side of t he reservoir area. If it ha3 such right of condemnation, does the City have t~e authority to issue bonds in order to pay for the acquisition of the new terri tory? ·· We assume from the facts stated that the town of Pattonsburg will be inundated by the proposed reservoir that is to be created by the Federal government, and your question is whether the city has authority to condemn lands some distance from the present boundaries of the City of Pattonsburg and not adjacent thereto for the purpose of relocation of the city. The question of annexation of proper ty adjacent to the present bounardies is not in issue. Pattonsbur~ is a fourth class city . It is a municipal corpora- tion, State ex rel Audrain Count y vs. City of "texico, 197 S. \i . 2d 301. Honorable Ralp; Combs A municipal co~poration is hut a creature or politicRl sub- division of t he state and, t herefore, in possession only or such powers and autho~ity as are conrerr ed upon lt by express or i~p lied p rovi s ion~ of t'he l aw . St ate ex rel .Tactc -rost Aho.ttoiru vs . Steinba ~h , 274 ~ . 'l . 2d :;88. i:le munt determine Nhether there is any statutor.1 authority for a fourth class city to pur chase or condemn l ands for the purpose of relocation . Chapter 7 9~ TIS'o, appl ies to ~ourth class cities. Section 79. 010, RS1•Io , provides in part that cities or the fourth class, "' • * may receive and hol d property, bot:1 real and per oonal , ~'11 thin such city, and nay pur- chase, r eceive and hold real estate ··rlthin or without such city f or the burial of t he dead and may purchase, ho ld~ lease, sell or other - Wi3e dispose of any property 1 real or personal, it nO\': ovns or may hereafter acqulre ~ •nay re- ceive bequests~ ~ifta ~nd donations of all kinde o!' ;>ronerty , ~ ~ * '' In re;ar d to t l...e location of t'"~£. prop~rty whicn may be purchased by a city, i n 63 C. J . f ., . ·~unicjpaJ Corporations , paro.:;rap .. 'l 952, it is stated= "It has been announced as a general rule that a municioal corporation has no power to pur- chase and hol d land beyond its territoral lir'li ts , unless the pOl·ter has been speciall y conferred on it by t he legi s l ature. an.d such power io not necessarily conferred by a general grant of po\'ler to purchase, hol d, and convey s uch property, real and personal , aa may be necessar y for its public uses ana pur 'loses . rhe l egislature , hoJever, may confer such pO\'Ier, either i n express ter ms or h~ neces- sary implication : and t here ar e caoes in •·thich, w1 t hout any special gr ant of such power, it has been implied as necessary i n order to carry out powers granted. It has been held, however, that, ~'ihere a statut e authorizes t he purc~ase o!' lands i'Ti t hin the corporate limits only, power to purchase land outside such limits may not be 1mplied. 11 There i s no s t atute authoritizing a city of t he fourth class to purchase real estate beyond the boundaries of t he city for t he purpose of relocation of t he inhabitants of the city or for t he change of the situs of t he municinality . If it has no authority to purchase , it has no authority to acquire property by condemnation. -2- nonorabl e Ralph Combs It is the opinion of t hi s department t hat t he City of Pattonsburg , Missouri, has no authority to purchase or conuemn real estate out- side its boundaries for t he purpose of relocating such city. -3- Yours very truly, J OHN C. DANFORTH Attorney Cenor al