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SECOND REGULAR SESSION
HOUSE BILL NO. 3358
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HOVIS.
6953H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 442, RSMo, by adding thereto one new section relating to the sale of
property with a prescriptive easement for public use.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be
2 known as section 442.021, to read as follows:
442.021. 1. As used in this section, "person" means any individual, corporation,
2 association, partnership, or other entity .
3 2. Notwithstanding any pr ovision of law , if an individual sells his or her pr operty
4 to a person and ther e is a pr escriptive easement for public use on the prop erty being
5 sold, such easement shall not automatically transfer with the pr operty binding the
6 person pur chasing the pr operty . However , a pr escriptive easement for public use may
7 be re established on the pr operty pur chased as pr ovided under subsection 3 of this
8 section.
9 3. A pr escriptive easement for public use may be r eestablished for pr operty
10 pur chased as pr ovided under subsection 2 of this section if it can be demonstrated that
11 public use of the pro perty was continuous, uninterrupted, visible, and adverse for a
12 period of ten years.
13 4. The ten-year period for ree stablishment shall res tart with each person who
14 pur chases the pro perty , and the person may pr event the rees tablishment thr ough oral
15 statements or thr ough signage.
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EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.