SB 1273: School Property & Right of First Refusal
Sponsor: Curtis Trent
OPPOSE
Retroactive contract voiding & special privileges.
SB 1273 restricts cities, counties, and school districts from placing deed restrictions on sold public property that would block future educational use (specifically charter schools). It also mandates a "right of first refusal" process, giving public entities priority to buy or lease unused school district facilities before private buyers, complete with required negotiation and appraisal steps.
What Does This Bill Do?
- Ban on Local Restrictions: Forbids political subdivisions from using ordinances, policies, or deed restrictions to block charter schools from using sold or leased public property.
- Retroactive Voiding: Declares any existing deed restriction that prevents future educational use "void from inception," retroactively overriding prior local contracts.
- Right of First Refusal: Mandates that school districts give "public entities" (broadly defined) the first opportunity to buy or lease unused facilities before offering them to private parties.
Constitutional or Critical Context
SB 1273 raises significant constitutional concerns regarding the impairment of contracts (Mo. Const. Art. I, ยง13). By retroactively voiding existing deed restrictions and declaring them "void from inception," the state undermines the reliability of long-term property agreements. Additionally, the broad preemption of local land-use decisions shifts power away from local communities, weakening local control and self-governance.
Red Flags & Recommended Amendments
Retroactive Contract Voiding
The bill declares existing deed/use restrictions void, which undermines contractual certainty and raises due-process and impairment-of-contracts concerns.
Special Privileges for "Public Entities"
The bill gives a very broad class of "public entities" first-in-line rights to purchase property ahead of private buyers, creating an uneven playing field in the real estate market.
Act for Missouri Recommendation:
Oppose. While expanding educational options is generally positive, this legislation is flawed because it relies on retroactively voiding valid contracts and overriding local property rights. It creates special privileges that conflict with free-market principles and the rule of law.