The St. John Levee and Drainage District, a circuit court drainage district of New Madrid and Mississippi Counties, Missouri, has statutory authority to give assurances to the Department of Army as are required by the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

LEVEES: i...EVEE DISTRICTS: DRAINAGe DTSTFTCTS: The St. John Levee and Draina~e District, a circuit court drain- a~e district of New Madrid and M1ssissiopi Counties, Missouri , ~as statutory authority to ~ive assurances to the Deoartment of Army as are reautred by the orovis~ons of the Uniform Relocation Assistance and Real Property ftcau1~1t1on Pol1c1es Act of 1970. April 4, 1972 Honorable ~rederick W. DeFie1d Represent~tive, District 158 Room 401, Capitol Buildin~ JefPersor. ~ity . ~issouri 65101 Dear Representative DeField: CJPINION NO. 26 F l LED ·~ 'i'hi s 1 s to acknowledp;e receint of your reque8t ··..,r a formal opinion from this office which reads as follows: ''Has the St. John Levee and Drainage District , ~ Circuit Court drainage district of New ~aJrid and Mississipoi Counties , Missouri, a Puhli c Corporation or the State of Missouri, the s t ~tu ­ torv authority to comply with the provisjons of Public Law 91-646 , ' Uniform Relocation As~ist­ ance and Real Property Acquisition Policies Act of 1971, as required therein. "From time to time the St. John Levee and Drain- arr.e District receives renuests from the Depart- ment of the Army for ri~ht-of-way for levee en- largement or for new levee construction. This right-of-way is furntshe<i at no cost to theDe- partment. The Department constructs the levee enlar~ement or new levee at no co ~t to the dis- t rict. The ri~ht-or-way is acqu ~red by the District by easement, deP~r b~~ondemnation if re1uired. At the nrP ~ ent time. and at the request of the De~~rtMert , the district 1s in tne process of acnutrin~ r1~ht-of-way for pro- nosed levee enlargement. T~is right-of-way ex- tends alon~ the river front levee in both New Madrid and Miss1ss1Pnj Counties and is au1te extensive, coverin~ a dJ~t~nce or some 14 miles for a total of aPn~ox1~~tP1v 450 acres, all Honorable Frederick W. DePield acrea~e to be used as borrow pits. It is an- ticipated that it may take a period of not less than 12 months to accomplish this purpose. This district has been reauested by the Department of the Army to assure said Department that it will make every effort to come within the pro- visions of Public Law 91-646 by July 1, 1972, if, as it appears, it is now without statutory authority so to do." (Emphasis added) Publlc Law 91-646 which may be cited as the "Uniform Reloca- tion Assistance and Real Prooerty Acquisition Policies Act of 1970," and here1n~fter referred to as the Act, was legislation passed by ConRress to provide for uniform and equitable treatment of persons dis~laced from their homes, businesses, or farms by federal and federally assisted programs and to establish uniform and equitable land a~quisition policies for federal and federally assisted pro- grams. See U.S. Code Congressional and Administrative News, Volume 2, Pa@:e 2222. Title II of the Act refers to uniform relocation assistance. In general, the following categories of assistance are provided for: (1) movin~ expenses from homes, businesses and farm opera- tions (Section 202); (2) replacement housing for homeowners (Sec- tion 203), and (3) replacement housing for tenants (Section 204). This assistance is required to be provided by any state agency re- ceiving federal funds for any project resulting in displacement of any person after July 1, 1972 (Section 210). Such relocation assis- tance provided by the state agency is to be included along with other costs of the oroject and eligible to some extent and manner for fed- eral funding of the project (Section 211). Title III of the Act refers to uniform real property acquisi- tion policy. In this regard, Section 305 of the Act provides that state agencies administering pro~rams receiving federal financial assistance must be guided to the greatest extent practicable under state law, by the land acquisition policies set forth in Sections 301 and 302 of the Act, as a condition of such federal assistance. In addition, Section 305 of the Act provides that state agencies administering programs receiving federal financial assistance must provide for reimbursement of the owner for expenses incidental to transfer of title and for reasonable expenses of litigation. The statutory authority for the organization of the St. John Levee and Drainage District, a circuit court drainage district of New Madrid and Mississippi Counties, Missouri , is found in Chapter 245, RSMo 1969. In general, Section 245.015, RSMo 1969, provides that the owners of a majority of the acreage in any contiguous body - 2- Honorable Prederick W. DeField of swamn, wet or overflowed land. or lands subject t~ overflow, wash or bank erosion, may form a levee district for the purpose of havin~ such land and other pronerty reclaimed and protected from the ef- fects of overflow and other water, for sanitary or apricultural pur- noses, or from the effect of wash or bank erosion. Section 245.060, RSMo 1969 , orovides that the owners of real estate or other property situated in said district may elect a board of supervisors. The powers ~nd duties of a board of supervisors are set forth in Sec- tion 245.0 9~ , RSMo 1969; and in general , the board has the power of condemnation in order to effect the leveeing, protection, and re- clamation of the land and other pronerty in the district subject to tax. Upon the adoption of the plan for reclamation, the board of supervisors may petition the circuit court to appoint commissioners to appraise the lands within and without said district to be ac- ouired for rights-of-way, holdin~ basins , and other works of the district, and to assess benefits and damages accruinp to all lands in the district and other property by reason of the execution of the olan for reclamation . Section 245.150, RSMo l9b9, further pro- vides that the price awarded for all lands acouired by any district for ri~hts-of-way or other works and the amount of damages assessed by the board of commissioners and confirmed by t·he court to any tract or parcel of land or other pronerty in the djstrict shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner . Finally, Sect1on 245.150, RSMo, prov1des that the board of superviRors of satd distr1ct shall have full power and authority to build, construct, excavate, and complete all or any work and improvements which may be needed to carry out , maintain, and protect the plan for reclamation. It iR further provided under this section as follows: " ... that if and when th f.' s tate or Mis0o1..ri or the United States of AmePica or any sut•d1 - vision, department, divjsion or apencv thereof is willing to construct the works and 1mnrove- ments nrovided for in the plan for reclamation or any part therenf, the board of supervi sors of satd district is authorized to cooperate with such a ~e ncy to the fullest extent and is hereby granted power and authority to accent any such work in aid of the project, irrespec- tive of whether it be by way of grant of funds , labor , work, materials or otherwise and may, in the discretion of the board of sunerviSOrs , grve such assurances as may be reouired to ob- tain the construction of the works and improve- ments provided for in tt1e plan for reclamation ." (Emphasis added) Under the above section, it was pointed out in In re Tarkto- Squaw Levee District of Holt County, 319 S.W.2d 660 (Mo . bane 1959) -3- Honorable Frederick W. DeField that the board of supervisors of a levee district has power to enter into a contract with federal ~overnment authorities in relation to construct ion of levees in a levee district . Also , it was held in Opinion No. 30 , Foote, February 24, 1948, that the St. John Levee and Draina~e District had authority under what is now Section 246 . 170, RSMo i969 , to give assurances to the United States that it would maintain and operate certain levee and drainage works after their completion by the federal government (copy attached) . As a result of the above, it is our view that the St. John Levee and Draina~e District, a circuit court drainage district of New Madrid and Mississippi Counties, Missouri, has statutory au- thority to give assurances to the Department of Army as are re- quired by Sections 210 and 305 of the Uniform Relocation Assistance and Real ?rooerty Acquisition Policies Act of 1970 . CONCLUSION It is the opinion of this office that the St . John Levee and Drainage District, a circuit court drainage district of New Madrid and Mississippi Counties, Mi ssouri, has statutory authority to ~ive assurances to the Department of Army as are required by the provi- sions of the Uniform Relocation Assistance and Real Prooerty Ac- quisition Policjes Act of 1970. The foregoin~ ooinion, which I hereby aoprove, was nrepared by my assistant, B. J . Jones. Enclosure : Op. No . 30 2- 24- 48, Foote ~o;~e•r~~ JOHN C. DANPORTH Attorney General - 4-