Section 6.3 Authority

• Library: Construction Law 2016 Supp

B. (§6.3) Authority

It is well-settled law in Missouri that building regulations constitute the exercise of an inherent governmental function referable to the police power, which exists to promote public health, safety, and welfare, and that every citizen owns and holds real estate in Missouri subject to the valid exercise of this police power. Fleming v. Moore Bros. Realty Co., 251 S.W.2d 8 (Mo. 1952); State ex rel. Walmar Inv. Co. v. Mueller, 512 S.W.2d 180 (Mo. App. E.D. 1974); State ex rel. Magidson v. Henze, 342 S.W.2d 261 (Mo. App. E.D. 1961). See Chicago, Burlington & Quincy Railway Co. v. People of State of Illinois ex rel. Grimwood, 200 U.S. 561 (1906), recognizing that the police power is an inherent sovereign power under which legislatures may, within constitutional limitations, not only prohibit all things harmful to the comfort, safety, and welfare of society, but also prescribe regulations to promote public health, safety, and welfare.

Unlike the state, however, counties, cities, and towns, which exist only through the state, have no inherent police power to adopt, enact, or enforce building regulations. Tietjens v. City of St. Louis, 222 S.W.2d 70 (Mo. banc 1949); Woodson v. City of Kansas City, 80 S.W.3d 6 (Mo. App. W.D. 2002); State ex rel. Magidson. Municipal police power to regulate construction, therefore, must come from specific delegations of authority from the state to the municipality, either through the state’s constitution or statutes, or in certain cases from express or fairly implied grants of powers from the municipal charter. Tietjens; Kalbfell v. City of St. Louis, 211 S.W.2d 911 (Mo. 1948) (finding that the City of St. Louis is vested by its charter with ample authority to enact police power regulations, including building regulations); McCarty v. City of Kansas City, 671 S.W.2d 790 (Mo. App. W.D. 1984); Crofton v. City of Kansas City, 660 S.W.2d 709 (Mo. App. W.D. 1983); Stine v. Kansas City, 458 S.W.2d 601 (Mo. App. W.D. 1970).

Missouri’s constitution and state statutes contain many delegations of police powers that authorize local governments to regulate building construction. Some of these delegations are broad in scope, while others are more narrow or direct. For example, authority is granted to charter counties to exercise “legislative power pertaining to any and all services and functions of any municipality or political subdivision.” MO. CONST. art. VI, § 18(c) (emphasis added). Similarly, charter cities are given “all powers which the general assembly of the state of Missouri has authority to confer upon any...