253.395. Historic preservation revolving fund authorized--definitions--use of fund.
Historic preservation revolving fund authorized--definitions--useof fund.
253.395. 1. As used in this section, the following terms mean:
(1) "Historic properties" or "property", any building, structure,district, area, or site within a municipality's boundaries that issignificant in the history, architecture, archaeology, or culture of thisstate, its communities, or this country, which is eligible for nominationto the National Register of Historic Places;
(2) "Municipality", any town, city, or village that has by ordinanceestablished a historic preservation revolving fund as authorized by thissection.
2. Any town, city, or village in the state of Missouri may byordinance establish a fund for the purpose of protecting and preservinghistoric properties, such fund to be known as the "Historic PreservationRevolving Fund". All expenses incurred in the acquisition of and allrevenues received from the disposition of property as provided insubsections 3 and 4 of this section shall be paid for out of and depositedin the historic preservation revolving fund. Any moneys appropriated andany other moneys made available by gift, grant, bequest, contribution, orotherwise to carry out the purpose of this section, and all interest earnedon, and income generated from, moneys in the fund shall be paid to, anddeposited in, the historic preservation revolving fund.
3. From the moneys in the historic preservation revolving fund, suchmunicipality may acquire, preserve, restore, hold, maintain, or operate anyhistoric properties, together with such adjacent or associated lands withinthe municipality's boundaries as may be necessary for their protection,preservation, maintenance, or operation. Any interest in property acquiredusing the moneys in the historic preservation revolving fund shall belimited to that estate, agency, interest, or term deemed by suchmunicipality to be reasonably necessary for the continued protection orpreservation of the property. The moneys in this fund may be used toacquire the fee simple title, but where such municipality finds that alesser interest, including any development right, negative or affirmativeeasement in gross or appurtenant covenant, lease or other contractual rightof or to any real property to be the most practical and economical methodof protecting and preserving historical property, the lesser interest maybe acquired. Property may be acquired by gift, grant, bequest, devise,lease, purchase, or otherwise, but not by condemnation.
4. Such municipality may acquire or, in the case of property on whichmoneys from this fund have been expended, dispose of the fee or lesserinterest to any historic property, including adjacent and associated lands,for the specific purpose of conveying or leasing the property back to itsoriginal owner or to any such other person, firm, association, corporation,or other organization under such covenants, deed restrictions, lease, orother contractual arrangements as will limit the future use of the propertyin such a way as to insure its preservation. In all cases where propertyon which money from this fund has been expended is conveyed or leased, itshall be subjected by covenant or otherwise to such rights of access,public visitation, and other conditions as may be agreed upon between themunicipality and the grantee or lessee to operate, maintain, restore, orrepair such property. Any conveyance or lease shall contain a reversionclause providing that, in the event the historic property is not operated,maintained, restored, and repaired in accordance with the provisions ofthis section or in such a way as to insure its preservation, title, andcontrol of such property shall immediately revert to and vest in themunicipality.
(L. 2002 S.B. 992)