Tucked within a new wide-reaching Missouri law on property rights is language expanding who can own chickens in the state.
The legislation allows Missourians with two-tenths of an acre or more to own up to six chickens.
State Rep. Jim Murphy, R-St. Louis County, sponsored the bill in the House. He got involved in the issue because of his granddaughters Josie and Lily Murphy.
“My grandchildren fell in love with the idea of having chickens and bought some chicks, and we were concerned as to whether or not the home association would allow them, and they were unclear about it,” Murphy said. “But other neighborhoods, certainly the home associations, had put restrictions on them, even though [St. Louis] county had not.”
Lily Murphy, who is 11, said some of her friends owned chickens, and that made her want to have some of her own.
“They're just interesting creatures, and they're fluffy, and they have their own personality, and they have plenty of sass,” she said.
In addition to making sure her family could keep its four chickens, Lily Murphy wanted others to have the opportunity to own some.
“Some of my friends were like, ‘Oh, I would love chickens. Maybe someday we could get them.’ And I'm like, yeah, hopefully it's legal. So, we just decided to make it a law,” she said.
Murphy said in addition to wanting to help his grandchildren, he found the subject to be a property rights issue.
“People should have the right to do with their property as they see fit. You know, within some limits, but some of the limits the home associations have put on it, and now, just a tad bit ridiculous,” Murphy said.
He said the bill mirrors St. Louis County’s ordinance on chickens. However, it is applicable statewide. Though cities and counties would be able to bar people from owning chickens, homeowners’ associations, deed restrictions or other similar agreements cannot.
“If the county should say, ‘no chickens,’ and then that's fine, they have the right to do that. They're elected officials that are really lawmakers [as] opposed to a home association,” Murphy said.
Both Josie and Lily Murphy testified in favor of the bill in front of lawmakers this past session.
Josie, who is 8, said she wasn’t intimidated at the process.
“It was a really nice experience,” she said. “It's cool to say you did it.”
Murphy said his granddaughters were convincing.
“They sold the bill when they testified. The committee just melted in their place and passed unanimously. And frankly, when it hit the floor, it became a bipartisan bill,” he said.
Not everyone is enamored with the law that took effect in August. There currently is a lawsuit by a homeowners association in the Lake of the Ozarks seeking to rescind the new provisions.
Della Miller, who is with the association, also testified against it in the House, saying it would undermine a “long-standing land use restriction.”
One of the arguments of the lawsuit is that it violates the state’s requirement that laws passed remain a single subject.
The law in question is titled “Establishes provisions relating to the use of real property.”
That suit is ongoing, but Jim Murphy doesn’t believe it will be successful.
“I find it hard to believe that the courts will overturn this over chickens, especially when you know it's a good bill to start with, and it fits the title of the bill,” Murphy said.
