On Wednesday August 28, new property rights laws went into effect in Missouri. HB2062 protects landlords from squatters. The following paragraph is from the bill summary:

No county, municipality, or political subdivision shall impose or otherwise enforce a moratorium on eviction proceedings unless specifically authorized by state law. This bill establishes provisions regarding the removal, through ex parte orders, of persons unlawfully occupying a residential dwelling. The bill defines “unlawful occupants”, among other terms; allows a property owner to file a petition to remove a person unlawfully occupying property.

An added provision to HB2062 is to protect citizens from the long arm of the Home Owners Association (HOA) rules to insure citizens can raise chickens at home. The ability to grow your own food seems like one of the most basic rights, yet rules, regulations and outright bans are all too common.

Rep Jim Murphy of St Louis county added the portion protecting the right to raise chickens. He said he was motivated in part by his grandchildren’s love for raising chickens. He said when his son built a chicken coop in their subdivision, there wasn’t a rule on the issue, but the family heard threats from the board to create one soon after. That’s when he decided to take it up with his fellow state lawmakers. (KCUR)

Starting on Aug. 28, Missouri HOAs cannot ban the ownership of chickens. Current bans by HOAs are now void.

Under the new law, HOAs must allow homeowners with at least 2/10ths of an acre to own up to six chickens. They also cannot prohibit single chicken coops that can hold up to six chickens.

Roosters can still be banned or regulated.

Protecting Missouri citizens’ property rights is one of our legislators most important responsibilities.

However, this bill’s title, “Establishes provisions relating to the use of real property,” is so broad it most likely violated the clear title requirement in article 3 section 23 of the Missouri constitution.

“No bill shall contain more than one subject which shall be clearly expressed in its title”

Adding unrelated subjects to the bill is also in violation of the Missouri Constitution. The bill was introduced by Kansas City State Rep Chris Brown. This is the entire text of the original bill:

“No county, municipality, or other political subdivision shall impose or enforce a moratorium on eviction proceedings unless specifically authorized by state law.”

Then, the bill grew from just one sentence to 75 pages and covered various issues including counties establishing land-banks for economic development, banning requirements for churches to have to install electric vehicle charging stations and backyard chickens.

Lumping issues into omnibus bills that no one has a chance to read or vet before they are voted on and passed is both unconstitutional and a violation of our legislators oath of office.

Missouri legislators seem to be following Nancy Pelosi’s instructions for Obamacare: “We have to pass the bill to find out what is in it.”