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![handle is hein.sag/sagmo0042 and id is 1 raw text is: Attorney General's Opinion No. 39-2002
Attorney General's Opinion 39-2002
Topics: Conclusion:
Drainage districts. An authorized representative of a corporation that owns property within a levee district may
Levee districts. be elected to the board of supervisors as provided in Section 245.060. There is no provision
that an authorized representative of a corporation that owns property in a drainage district
may be elected to the board of supervisors of a drainage district under Section 242.150.
May 22, 2002
Honorable Lanie Black
Representative, District 161
Room 116-1, State Capitol Building
Jefferson City, MO 65101
Dear Representative Black:
You have submitted to this office a request for an opinion whether corporate/partnership
membership qualifies as ownership in accordance with RSMo sections 242.150, 245.335, and
245.060, . . . From the information that you have submitted, it appears that an individual was
removed who had been elected as a supervisor of a drainage district because he did not
personally own land within the district but had been a corporate representative of a corporation
that did own land within the district. Because the information you have supplied indicates the
issue involves whether a corporate representative may serve on a board of supervisors, we
have limited our response to that question and not to whether a partnership representative can
so serve.
Chapter 242 deals with drainage districts, while Chapter 245 deals with levee districts. The
provisions regarding qualifications to be a member of the board of supervisors of a levee
district vary slightly from those to be a member of the board of supervisors of a drainage
district. The board of supervisors for a drainage district created by a circuit court are elected
under the provisions of Section 242.150, [footnote 1] which provides in pertinent part:
Within thirty days after any drainage district shall have been organized . . . the
circuit clerk . . . shall, . . . call a meeting of the owners real estate or other property
situate in said district, . . . for the purpose of electing a board of five supervisors, to
be composed of owners of real estate in said district, two of whom at least shall be
residents of the county or counties in which such district is situate, or some
adjoining counties; . . . at such election each and every acre of land in the district
shall represent one share, and each owner shall be entitled to one vote in person or
by proxy for every acre of land owned by him in such district, and the five persons
receiving the highest number of votes shall be declared elected as supervisors; . ..
Drainage districts may also be formed under Chapter 243. The board of supervisors are
elected in the same fashion as in Chapter 242. See Section 243.470.4, RSMo. If a drainage
district organized by a circuit court is consolidated with one organized by a county commission,
a new board of supervisors is elected as provided in Chapter 242. See Section 243.475.2(2).
Levee districts may be created pursuant to Chapter 245. The election of a levee district board
of supervisors is governed by Section 245.060, which provides in pertinent part:
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