Author’s Note: In 2014, as a law student at the University of Missouri–Columbia School of Law, I wrote an analysis of Missouri Revised Statute § 67.1850. That’s the Missouri statute which grants local governments several unusual powers and great control over the public’s right to access government-held GIS data. My view is that the statute’s enumerated powers run counter to good economic development practices, common sense, and the principles supporting the public’s right to government transparency as codified in the Missouri Sunshine Act. This article makes my case for either repealing or reforming § 67.1850. I’m not just repackaging an old paper for the web. I’m going to update, enhance, and provide links that demonstrate how Missouri’s local governments are misusing the statute, and ultimately harming themselves. – Chris Dunn
End Notes
[1] The Author suggests that many definitions of the term “query” do not convey the true power of the query. A query is best understood as the synergistic product of matching GIS software with data sets. The query allows the questioner to ask penetrating and logical questions of data sets the results of which often reveal otherwise undiscoverable spatial patterns or new insights unavailable without a means of displaying the result as a map.
[2] See Tasha Wade & Shelly Sommer, A to Z GIS 172 (2006) (defining “Query” as “a request to select features or records from a database. A query is often written as a statement or logical expression.”). See also Definition Query, ESRI, http://support.esri.com/en/knowledgebase/GISDictionary/term/definition%20query (last visited May 21, 2014) (“[i]n ArcMap, a [query] request…examines feature or tabular attributes based on user-selected criteria and displays only those features or records that satisfy the criteria.”).
[3] See Sierra Club v. Superior Court, 57 Cal.4th 157, 161 (Cal. 2013). A unanimous California Supreme Court reversed the appellate court’s holding that Orange County could license its GIS data for over $250,000 to the Sierra Club of California when the Sierra Club requested the information in order to ensure Orange County was in compliance with its wetland preservation mandates. “The issue in this case is whether the OC Landbase is subject to disclosure in a GIS file format at the actual cost of duplication under the California Public Records Act…or whether, as the County contends, it is covered by the statute’s exclusion of “[c]omputer software” …a term that “includes computer mapping systems” …from the definition of a public record. We hold that although GIS mapping software falls within the ambit of this statutory exclusion, a GIS-formatted database like the OC Landbase does not. Accordingly, such databases are public records that, unless otherwise exempt, must be produced upon request at the actual cost of duplication.” Id.
[4] See David Herzog, Mapping the World (2003). David Herzog is a journalism professor at the University of Missouri, Columbia. His 2003 book “Mapping the News” stands, despite the passage of time, as an excellent guide to how GIS can be deployed by the media citizens to monitor the actions of their government – at all administrative levels.
[5] Id. at 20.
[6] Id. at 14.
[7] Id. at 18.
[8] Id. at 19.
[9] Id.
[10] Without the analytical tools GIS provides it is doubtful that some trusting Florida homeowners or their insurers would have had any legal recourse and municipal and county corruption would still find a safe haven in the Sunshine State. The Miami Herald’s use of GIS analysis is not only illustrative of GIS’s inherent power to penetrate otherwise hidden government functions, it also capitalized on the public good that a government data bank has to offer and may increase the public’s perception that their local government is operating appropriately.
[11] Herzog, supra note 4, at 20.
[12] Mo. Rev. Stat. § 67.1850 (2013)
[13]Id. § 610 (2013)
[14] This is an amalgamation of various definitions found across the GIS sector.
[15] –See, e.g., Overview, ESRI, http://www.esri.com/what-is-gis/overview#overview_panel (last visited May 21, 2014) (“What is GIS? A geographic information system (GIS) integrates hardware, software, and data for capturing, managing, analyzing, and displaying all forms of geographically referenced information. GIS allows us to view, understand, question, interpret, and visualize data in many ways that reveal relationships, patterns, and trends in the form of maps, globes, reports, and charts. A GIS helps you answer questions and solve problems by looking at your data in a way that is quickly understood and easily shared. GIS technology can be integrated into any enterprise information system framework.”).
[16] See Geographic Data, ESRI, http://support.esri.com/en/knowledgebase/GISDictionary/term/geographic%20data (last visited May 21, 2014) (defining “geographic data” as “[i]nformation describing the location and attributes of things, including their shapes and representation. Geographic data is the composite of spatial data and attribute data.”). See also, Wade & Sommer, supra note 2, at 212 (defining “topology” as: “In geodatabases, the arraignment that constrains how point, line, and polygon features share geometry.”).
[17] Mo. Rev. Stat. § 137.115 (2013).
[18] The Role of Property Assessment in Missouri, Missouri State Assessors Association, http://www.moassessorsassn.org/index.htm (last visiting May 21, 2014) (“Generally speaking, the role of the county assessor is to keep track and value all of the real estate and tangible personal property in their county. Property valuations are based on market value per the Missouri Constitution and the system of annual assessment on personal property and biennial (every two years) assessment (a.k.a. reassessment) on real estate is per Missouri Statutes.”).
[19] GIS for Land Admin., Computer-Assisted Mass Appraisal, ESRI, http://www.esri.com/industries/cadastre/business/cama (Last viewed April 25, 2014) (explaining ESRI’s integration of ArcGIS with Computer-Assisted Mass Appraisal (CAMA) systems).
[20] The Assessment Cycle, Missouri State Assessors Association, http://www.moassessorsassn.org/assessmentcycle.htm (last visited May 21, 2014) (“2 Year Maintenance Plan: Each county is required to develop and follow a comprehensive two-year assessment maintenance plan agreed upon by the county assessor, the county commission, and the State Tax Commission. The plan covers all aspects of the assessment process, the two-year time frame covering each reassessment period.”).
[21] Space Segment, Constellation Arrangement, GPS.gov, http://www.gps.gov/systems/gps/space/ (last viewed April 25, 2014).
[22] See Appraisal Scoop.com, http://appraisalnewsonline.typepad.com/appraisal_news_for_real_e/appraisal_equipment/ (last visited May 21, 2014) (providing a tour of the technology being used to make appraising easier and more efficient.).
[23] Nat’l Geospatial Advisory Comm., Best Practices for Local Government Geospatial Programs 3, www.fgdc.gov/ngac (2011) (“Geographic Information System (GIS) technology provides vital support to for almost everything the local government does well – defined geospatial programs help jurisdictions provide quality service to citizens in a cost effective manner.”).
[24]Mo. Rev. Stat. § 610.010
[25]See Wade & Sommer, supra note 2, at 212 (defining “Topology” as, “In geodatabases, the arrangement that constrains how point, line, and polygon features share geometry. For example, street centerlines and census blocks share geometry, and adjacent soil polygons share geometry. Topology defines and enforces data integrity rules (for example, there should be no gaps between polygons). It supports topological relationship queries and navigation (for example, navigating feature adjacency or connectivity), supports sophisticated editing tools, and allows feature construction from unstructured geometry (for example, constructing polygons from lines).”).
[26] Id. at 175 (defining “Raster” as, “Groups of cells that share the same value represent the same type of geographic feature.”).
[27] Id. at 163 (defining “point”).
[28] Id. (defining “point feature”).
[29] Id. at 123 (defining “line”).
[30] Id. at 124 (defining “line feature”).
[31] Id. at 164.
[32] Id. at 175 (defining “raster”).
[33] Id., see also id. at 11 (defining “attribute”).
[34] Id. at 11.
[35] Id. at 115 (defining “Join” as, “Appending the fields of one table to those of another through an attribute or field common to both tables. A join is usually used to attach more attributes to the attribute table of a geographic layer.”).
[36] Associated fields include geography, geomatics, geology, archeology, urban planning, engineering, engineering technology and others.
[37] See The GIS PhD Dilemma. (2008) Directions Magazine http://www.directionsmag.com/podcasts/the-gis-phd-dilemma/125077 (last viewed May 23, 2014).
[38] ArcGIS Desktop 10.2.2, Indiana University, https://iuware.iu.edu/Windows/Title/1882 (Mar. 25, 2014) (“ArcGIS for Desktop is used to compile, use, and manage geographic information. It includes a comprehensive set of professional GIS applications that support a number of GIS tasks, including: mapping, data compilation, analysis, geodatabase management, and geographic information sharing. The ArcGIS 10.2.2 setup package is designed to detect and upgrade an existing installation of the same ArcGIS 10.1 (including Service Pack 1 [SP1]), 10.2 or 10.2.1 product. The settings for the installation location, license manager (for Concurrent Use), or authorization information (for Single Use) are retained in the upgrade. See the installation guide for more information on installation upgrades, new installations, or installations over versions prior to 10.1.”).
[39] See GLASS, Google.com, http://www.google.com/glass/start/what-it-does/ (last visited April 13, 2014).
[40] See Missouri Spatial Data Information Service, http://msdis.missouri.edu (last visited May 21, 2014).
[41] Wade & Sommer, supra note 2, at 84 (defining “Geocoding “ as, “A GIS operation for converting street addresses into spatial data that can be displayed as features on a map, usually by referencing address information from a street segment layer.”).
[42] Michael Zeiler, Modeling Our World (1999) A Geodatabase is a top-level unit of Geographic data. It is a collection of data sets, feature classes, object classes, and relationship classes.
[43] Many communities in Missouri offer vertical views through on-line map views where the user can turn on and off layers. But, without access to the horizontal view, which is access to the entire data set, and access to the query tools inherent in GIS software much of the power of GIS to provide transparency is lost.
[44] Welcome to Map Source, City of Columbia, Missouri, https://www.gocolumbiamo.com/Maps/ (last visited April 24, 2014).
[45] Mo. Rev. Stat. § 109.180 (2013) “Public records open to inspection–refusal to permit inspection, penalty, except as otherwise provided by law, all state, county and municipal records kept pursuant to statute or ordinance shall at all reasonable times be open for a personal inspection by any citizen of Missouri, and those in charge of the records shall not refuse the privilege to any citizen. Any official who violates the provisions of this section shall be subject to removal or impeachment and in addition shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred dollars, or by confinement in the county jail not exceeding ninety days, or by both the fine and the confinement.” Id.
[46] Mo. Rev. Stat. § 610.010 (2013).
[47] Transit Cas. Co. ex rel. Pulitzer Publ’g Co. v. Transit, 43 S.W.3d 293, 300 (Mo. En Banc, 2001)..
[48] State ex rel. Pulitzer Mo. Newspapers, Inc. v. Seay, 330 S.W.3d 823, 826-27 (Mo. Ct. App. S.D. 2011).
[49] Complementary to the Sunshine Law is Missouri’s State Transparency Policy codified in Mo. Rev. Stat. § 37.070, which applies to all divisions of state government, but not local governments.
[50] Mo. Rev. Stat. § 610.010.6 (“Public record”, any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body…” The statute then enumerates the list of excluded public records and finishes with an exception to the exceptions, “….unless such records are retained by the public governmental body or presented at a public meeting. Any document or study prepared for a public governmental body by a consultant or other professional service as described in this subdivision shall be retained by the public governmental body in the same manner as any other public record.”).
[51] Id. § 610.011 (“1. It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. Sections 610.010 to 610.200 shall be liberally construed and their exceptions strictly construed to promote this public policy. 2. Except as otherwise provided by law, all public meetings of public governmental bodies shall be open to the public as set forth in section 610.020, all public records of public governmental bodies shall be open to the public for inspection and copying as set forth in sections 610.023 to 610.026, and all public votes of public governmental bodies shall be recorded as set forth in section 610.015.”).
[52] Id. § 610.022(5).
[53] Missouri AG OPINION No. 89-89, 1989 Mo. AG LEXIS 21. “If a public governmental body retains copies of records of the information set out in Section 290. 290, RSMo 1986 , they are public records as defined in Section 610. 010(4), RSMo Supp. 1988, and must be made available for inspection and copying pursuant to Section 610. 023, RSMo Supp. 1988.“ Id.
[54] Mo. Rev. Stat. § 610.029.
[55] Id. § 610.029.1 “[I]f the public governmental body keeps a record on a system capable of allowing the copying of electronic documents into other electronic documents, the public governmental body shall provide data to the public in such electronic format, if requested. …” Id.
[56] Information Technology GIS, ShowmeBoone.com, http://www.showmeboone.com/GIS/metadatafiles/metadata.asp (last visited May 21, 2014). Boone County, Missouri’s GIS states it has the capacity to hold 16 Terabytes of GIS data. Not all of that data should be considered current as much of it will be held for archival purposes. GIS data formats used include: Geodatabase, Coverage, Shapefile, LAS File, e00 Export File, DXF File, MrSID, and TIFF.
[57] Mo. Rev. Stat. § 610.026. “Fees for copying public records, limitations – fee money remitted, to whom – tax, license or fee as used in Missouri Constitution article X, section 22, not to include copying fees. 1. Except as otherwise provided by law, each public governmental body shall provide access to and, upon request, furnish copies of public records subject to the following: (1) Fees for copying public records, except those records restricted under section 32.091, shall not exceed ten cents per page for a paper copy not larger than nine by fourteen inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body. Research time required for fulfilling records requests may be charged at the actual cost of research time….” Id. The remainder of the statute addresses more complex record reproduction situations.
[58] R.L. Polk & Co., v. Mo. Dept. of Rev., 309 S.W.3d 881 (Mo. App. W.D. 2010).
[59] Mo. Rev. Stat. § 610.026.
[60] See, e.g., Mo. Rev. Stat. § 67.1850.
[61] R.L. Polk & Co., 309 S.W.3d at 882.
[62] Id. at 883.
[63] Id. In addition, the court concluded that, even if the Department could charge a per-record-fee pursuant to the Sunshine Law, the 3.82¢ fee violated section 610.026.1(2) because it was excessive and, therefore, unlawful. The evidence submitted to the court showed that, in computing the 3.82¢ fee, the Department determined that its annual cost to maintain and provide electronic copies of records was $269,562.4 The Department arrived at the 3.82¢ fee by dividing the annual cost figure by the total number of motor vehicle and drivers’ license records that were updated during the year, which was approximately 7 million records. Id.
[64] Id.
[65] Mo. Rev. Stat. § 67.1850.1.
[66] See Section VII of this paper for the complete statute.
[67] Mo. Rev. Stat. § 67-1850.2 is simply erroneous now, and was erroneous at the time it was written. It is true that early GIS research was pioneered by some quasigovernmental organizations, but it was often in cooperation with commercial firms. Commercial GIS technology is now pervasive and the vast majority of governments use commercially developed GIS software to operate and share their GIS data. Additionally, the development of GIS systems has been undertaken in a large scale by private industry. See ESRI and Google Earth, along with the extensive history behind pipeline and utility mapping as examples of commercial GIS projects which are levels of magnitude beyond state or local government GIS. What the statute likely confuses is the development of GIS with the data source. So, of course there are no large private GIS containing the information for which the government has a monopoly and total control over because of the data-stingy attitudes and information silos some local governments maintain. Also, only relatively recently has there been an effort by higher level governments to shepherd local governments towards using compatible data standards where all local government data can be easily assembled, blended and then used across jurisdictional lines.
[68] Mo. Rev. Stat. § 610.011. “It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. Sections 610.010 to 610.200 shall be liberally construed and their exceptions strictly construed to promote this public policy. 2. Except as otherwise provided by law, all public meetings of public governmental bodies shall be open to the public as set forth in section 610.020, all public records of public governmental bodies shall be open to the public for inspection and copying as set forth in sections 610.023 to 610.026, and all public votes of public governmental bodies shall be recorded as set forth in section 610.015.”
[69] The use of “special benefit” in Mo. Rev. Stat. § 67-1850.2 deserves some discussion. In the last sentence of section 2 the statue becomes unintelligible. It intimates that that if a person were to be able to obtain the GIS data under a local government’s control they might somehow obtain an unjust special benefit. “Special benefit” appears to be a legal term of art. Prudence suggests that understanding the operative effect of the term “special benefit” – within the context of the Sunshine Law and the GIS industry – is important as one of the canons of statutory construction is to avoid interpretations that make clauses unnecessary. Guidance from the Missouri Supreme Court suggests that “[w]ords standing alone in a statute are to be interpreted according to their ordinary meaning but if a term is specially defined by statute the special definition must be given effect.” St. Louis Country Club v. Admin. Hear. Com’n, 657 SW 2d 614 (Mo. 1983) Unfortunately, the term “special benefit” is not so ubiquitous in the etymological of Missouri case law as to be easily understood. Thus, unless it was defined elsewhere in the statute the next necessary step in Missouri to determine a statutes meaning is to look to related statutes for a possible definition. There are no related statutes as this is the State’s sole statute addressing GIS and the other statutes it relates to are the Sunshine Laws, which do not use the term “special benefit.” However, the phrase “special benefit” is found throughout the Missouri Constitution and in several other state statutes. Unhelpfully, it is most closely associated with special benefit taxation districts, which may be abstractly related, but are not of assistance in determining the meaning of special benefit here. Failing to locate a definition within the statute or a closely associated statute the plain meaning of the words must control its interpretation. Akins v. Director of Rev., 303 S.W.3d 563 (Mo. 2010) Black’s Law Dictionary defines special benefit as a term related to eminent domain. It is a benefit that accrues to the owner of land and not to any others. Black’s also offers a different definition by defining special benefit along the terms of social security, disability or unemployment benefits. Neither of Black’s definitions are directly on point. Thus, a reasonable definition of the term “special benefit,“ and one which is reasonable believe the legislature likely may have intended in the context of Mo. Rev. Stat. § 67.1850.2 is that a “special benefit” is a privilege not shared by all other citizens. By incorrectly using and invoking the term “special benefit” the state assists local governments to deny the public access to public records held as GIS data. GIS data is a non rivalrous good which by definition is incapable of inferring a “special benefit” to the holder of a non rivalrous good. The only way a “special benefit can be made of GIS data is if the government restricts release of the GIS data to a limited number of third parties.
[70] While understanding the nature of Dillon’s Rule may require express state authority to perform may of the activities authorized in Mo. Rev. Stat. § 67.1850 one could rightly wonder if it was necessary for the state to grant local governments the authority to use GIS technology. Local governments made maps with computers and stored geographic data electronically long before the year 2000 when the statute granted them the authority to develop a GIS. Making maps and storing records have long been activities of local governments and seem to be inherently authorized under a tight reading of Dillon’s Rule because of their necessity to performing routine business.
[71] Emphasis added.
[72] See, e.g., Information Technology GIS, ShowmeBoone.com, http://www.showmeboone.com/GIS/metadatafiles/metadata.asp (last visited May 21, 2014).
[73] By non-electronic products the author means the local government is required to make maps for the public. These maps may take the form of paper or electronic print outs. For example an electronic map may be a pdf or jpg graphical view of the area of interest, but the underlying data sets need not be provided.
[74] A community may license the use of a geographical information system. The total cost of licensing a geographical information system may not exceed the cost, as established by section 610.026 of the: (1) Cost to the community of time, equipment and personnel in the production of the information in a geographical information system or the production of the geographical information system; and (2) Cost to the community of the creation, purchase, or other acquisition of the information in a geographical information system or of the geographical information system.
[75] Mo. Rev. Stat. § 67.1850.5.
[76] Sierra Club v. Superior Court, 57 Cal.4th 157 (2013).
[77] Sierra Club, 57 Cal.4th at 161.
[78] Cal. Const., art. I, § 3(b)(2), as codified by Cal. Gov. Code, §§ 6250-6270
[79] Mo. Rev. Stat. § 67.1850.5 (1) & (2).
[80] Id. § 67.1850.6.
[81] Id. § 67.1850.6 ¶ 1.
[82] Id. § 67.1850.7
[83] The Author is such a citizen and he is not alone in finding uses for GIS data. Recently GIS software has become available to non-profits and private citizens for $100. Commercial versions of the same software start at $1200. With the increased availability of GIS software watchdog groups such as the Sierra Club, journalists and others interested in government transparency are using low-cost GIS software combined with public records requests to perform their own sophisticated analysis of government programs and operations.
[84] The Author argues that the plain reading of the text of Mo. Rev. Stat. § 67.1850 does not allow for enhanced fees for data requests, and that local governments are misreading Mo. Rev. Stat. § 67.1850.5 which allows for cost-recovery fee rates for use of the GIS system. GIS data are not a GIS system.
[85] Mo. Rev. Stat. § 67.1850.5. “Information collected or assimilated by a community for use in a geographical information system and disclosed in any form, other than in a form which may be read or manipulated by computer, shall be provided for a reasonable fee, as established by section 610.026. A community maintaining a geographical information system shall make maps and other products of the system available to the public. The cost of the map or other product shall not exceed a reasonable fee representing the cost to the community of time, equipment and personnel in the production of the map or other product. A community may license the use of a geographical information system. The total cost of licensing a geographical information system may not exceed the cost, as established by section 610.026 of the: (1) Cost to the community of time, equipment and personnel in the production of the information in a geographical information system or the production of the geographical information system; and (2) Cost to the community of the creation, purchase, or other acquisition of the information in a geographical information system or of the geographical information system.” Id.
[86] Mo. Rev. Stat. § 67.1850.4. “… The information collected or assimilated by a community for use in a geographical information system need not be disclosed in a form which may be read or manipulated by computer, absent a license agreement between the community and the person requesting the information.” Id.
[87] George Cho, Geographic Information Science: Mastering the Legal Issues 378 (2005). “[G]overnments would have to defend innumerable suit if the government was to be held accountable for errors in information, which under public records laws, the government was obliged to provide….Such disclaimers may state that the information is being provided only for the purposes of complying with the FOIA and the accuracy of the contents cannot be presumed.” Id.
[88] See id. (summarizing Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991)). “Facts are not copyrightable because the author has not created them.”
[89] The Author received a data license agreement from Buchanan County, Missouri claiming each of the aforementioned rights for itself, and claiming the authority to restrict many of my rights in how I used its data. A simple web search using the terms: Missouri, GIS, license, & agreement will yield multiple data license agreements spawned by Mo. Rev. Stat. § 67.1850. See Buchanan County, MO GIS License Agreement, available at http://www.co.buchanan.mo.us/DocumentCenter/View/74 (last visited May 5, 2014).
[90] Although the state does restrict some uses if its records outside of the Sunshine Law. See, e.g., (1) Mo. Rev. Stat. § 32.055 Sale of motor vehicle registration lists and personal information prohibited, may be disclosed to whom. (2) Mo. Rev. Stat. § 115.158. Missouri voter registration system authorized, functions — system maintenance performed — security measures implemented — verification of information — use of system for election results — information not to be used for commercial purposes, penalty — advisory committee established, duties — rulemaking authority. (3) Mo. Rev. Stat. § 208.120. [Old Age Assistance, Aid to Dependent Children and General Relief] Records, when evidence, restrictions on disclosure–penalty. (4) Mo. Rev. Stat. § § 217.075. [Department of Corrections] Offender records, public records, exceptions–inspection of, when–access to medical records–copies admissible as evidence–violations, penalty . (5) Mo. Rev. Stat. § 302.183. Proof of residency, issuance or renewal of license, privacy rights not to be violated, confidentiality of data.
[91] Helen Fu, When public records are less than public: How governments try to use copyright to limit access to data, Nieman Journalism Lab, (Apr. 29, 2010) http://www.niemanlab.org/2010/04/when-public-records-are-less-than-public-how-governments-try-to-use-copyright-to-limit-access-to-data.
[92] See, e.g. — (1)Mo. Rev. Stat. § 32.055 Sale of motor vehicle registration lists and personal information prohibited, may be disclosed to whom. (2) Mo. Rev. Stat. § 115.158 Missouri voter registration system authorized, functions — system maintenance performed — security measures implemented — verification of information — use of system for election results — information not to be used for commercial purposes, penalty — advisory committee established, duties — rulemaking authority. (3) Mo. Rev. Stat. § 208.120. [Old Age Assistance, Aid to Dependent Children and General Relief] Records, when evidence, restrictions on disclosure–penalty. (4) Mo. Rev. Stat. § 217.075 [Department of Corrections] Offender records, public records, exceptions–inspection of, when–access to medical records–copies admissible as evidence–violations, penalty . (5) Mo. Rev. Stat. § 302.183. Proof of residency, issuance or renewal of license, privacy rights not to be violated, confidentiality of data.(6) Mo. Rev. Stat. § 610.023.2.
[93] See Black’s Law Dictionary 366 (9th ed. 2009)(Defining an “Adhesion Contract” as, “A standard-form contract prepared by one party, to be signed by another party in a weaker position, usu[ally], a consumer, who adheres to the contract with little choice about the terms.” See also, E. Allan Farnsworth, Contracts 297 (3rd ed. 1999)( “the form may be a take-it-or-leave it proposition, often called a contract of adhesion, under which the only alternative to complete adherence is outright rejection.”).
[94] See About WebGIS, WebGIS.net, http://arcgis.webgis.net/nc/Cleveland/(last viewed May 22, 2014)(displaying a pop-up with the warning, “DISCLAIMER: The information contained on this site is furnished by government and private industry sources and is believed to be accurate but accuracy is not guaranteed. Mapping information is a representation of various data sources and is not a substitute for information that would result from an accurate land survey. The information contained hereon does not replace information that may be obtained by consulting the information’s official source.”).
[95] Mo. Rev. Stat. § 610.023.2
[96] Id. § 610.026.
[97] Webster County Abstract Co., Inc. v. Atkison, 328 S.W.3d 434 (Mo. App. S.D. 2010).
[98] City of Univ. City v. AT&T Wireless Serv’s., 371 S.W.3d 14, 19 (Mo. App. E.D. 2012).
[99] See Lett v. City of St. Louis, 984 S.W.2d 614 (Mo. App. E.D. 1996)(“Chronologically later statute, which functions in particular way, will prevail over earlier statute of more general nature, and latter statute will be regarded as exception to or qualification of earlier general statute.”); See also, Klinginsmith v. Mo. Dept. of Consumer Affairs, 693 S.W.2d 226 (Mo. App. W.D. 1985)(“If legislature enacts two laws which are so inimical to each other that both cannot stand, later statute in point of time controls under theory that legislature intended but failed to repeal the former.”).
[100] Laughlin v. Forgrave, 432 S.W.2d 308 (Mo.,1968).
[101] Missouri Prosecuting Attorneys & Circuit Attorneys Ret. Sys. v. Pemiscot County, 256 S.W.3d 98, 102 (Mo. banc 2008).
[102] Reay v. Elmira Coal Co., 34 S.W.2d 1015(Mo.App. 1930)(“If act works unscientifically, absurdly, or unjustly, matter is one for Legislature to correct.”).
[104] Diemer v. Weiss, 122 S.W.2d 922 (Mo. 1938)(“When the language of an act appears on its face to have a meaning but it is impossible to give it any precise or intelligible application in the circumstances under which it was intended to operate, it is void, and courts cannot supply the deficiency or make the statute certain.”).
[105] Geospatial Data Sharing, Guidelines for Best Practices, NSGIC, http://www.nsgic.org/public_resources/NSGIC_Data_Sharing_Guidelines_120211_Final.pdf (last visited May 20, 2014).
[106] See Ed Wells, 410-416, Public Access, Privacy, and GIS Data: Law and Policy (URISA 2000 Annual Conference Proceedings. (2000).
[107] Id.
[108] R.L. Polk, Co. v. Mo. Dept. Rev., 309 S.W.3d 881 (Mo. App. W.D. 2010).
[109] Mo. Rev. Stat. § 610.026.
[110] Cho, supra note 89, at 85.
[111] Id. at 27-31.
[112] Cho, George. 2005. Geographic Information Science: Mastering the Legal Issues. Sussex, England: John Wiley and Sons, Ltd. (Cho, Pg. 29)Id. at 29.
[113] Wells, Ed. (date unknown) An Equal-Access, Competitive-Services Approach to Public Data Access Policy http://downloads2.esri.com/campus/uploads/library/pdfs/12782.pdf (last viewed May 23, 2014) at 3.
[114] Cho, supra note 85, at 85.
[115] Id. at 29.
[116]Wells, supra note 105, at 3.
[117] Cho, supra note 85, at 28-29.
[118] Id. at 29.
[119] See Oxera, What is the economic impact of Geo services? (2013), available at http://www.oxera.com/Oxera/media/Oxera/downloads/reports/What-is-the-economic-impact-of-Geo-services_1.pdf.
[120] Id. at iv.
[121] Id.
[122] U.S. Dep’t of Labor, High Growth Industry Profile – Geospatial Technology, DOLETA.org, (Mar. 27, 2004) http://www.doleta.gov/brg/Indprof/geospatial_profile.cfm (citing data from the Geospatial Information & Technology Association).
[123] Interesting Days: The Who’s Who in the geospatial sector share their views on how the industry will unfold in the days to come, Geospatial Today 12,( Jan. 2013).
© Copyright GeoVelo, LLC 2021