Section 6.5 Authority to Regulate State, Agency, and Other Utilities’ Property

• Library: Local Government Deskbook (2017 Ed.)

1. (§6.5) Authority to Regulate State, Agency, and Other Utilities’ Property

Some interesting policy questions arise when a local government attempts to control land use on property that is owned, utilized, or regulated by another unit of government. In these instances, the zoning power may be preempted by other overriding considerations, such as the need for the centralized authority of the Public Service Commission to regulate the location of intercity electric transmission lines. Union Elec. Co. v. City of Crestwood, 499 S.W.2d 480 (Mo. 1973). If the proposed use is governmental in nature or specifically authorized by statutes, the zoning regulation must normally give way to the superior public interest. City of Kirkwood v. City of Sunset Hills, 589 S.W.2d 31 (Mo. App. E.D. 1979). This is so even though the property may be owned by a private party. City of Vinita Park v. Girls Sheltercare, Inc., 664 S.W.2d 256 (Mo. App. E.D. 1984).

But if the local government operates under a constitutional charter form of government, its authority will not necessarily be overridden by conflicting state statute because its powers, including that of planning and zoning, are derived directly from the state constitution. St. Louis Cnty. v. City of Manchester, 360 S.W.2d 638 (Mo. banc 1962). See also City of St. Louis v. City of Bridgeton, 705 S.W.2d 524 (Mo. App. E.D. 1985), holding that an airport parking lot of the City of St. Louis, which was to be built within the City of Bridgeton, was immune from the zoning ordinance of Bridgeton under a “balancing...