Modifies provisions relating to real estate

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1001
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
4375S.20P KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 82.1025, 137.016, 140.010, 140.190, 140.250, 140.420, 140.980, 140.981,
140.982, 140.983, 140.984, 140.985, 140.986, 140.987, 140.988, 140.991, 140.994,
140.995, 140.1000, 140.1009, 140.1012, 141.220, 141.230, 141.250, 141.270, 141.290,
141.300, 141.320, 141.330, 141.360, 141.410, 141.440, 141.500, 141.520, 141.535,
141.540, 141.550, 141.560, 141.570, 141.580, 141.610, 141.620, 141.680, 141.700,
141.819, 141.980, 141.984, 141.1009, 141.1020, 249.255, and 347.048, RSMo, and to
enact in lie u thereof fifty -five new sections relating to real estate, with penalty
provisions and a severability clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 82.1025, 137.016, 140.010, 140.190, 1
140.250, 140.420, 140.980, 140.981, 140.982, 140.983, 140.984, 2
140.985, 140.986, 140.987, 140.988, 140.991, 140.994, 140.995, 3
140.1000, 140.1009, 140.1012, 141.220, 141.230, 141.250, 4
141.270, 141.290, 141.300, 141.320, 141.330, 141.360, 141.410, 5
141.440, 141.500, 141.520, 141.535, 141.540, 141.550, 141.560, 6
141.570, 141.580, 141.610, 141.620, 141.680, 141.700, 141.819, 7
141.980, 141.984, 141.1009, 141.1020, 249.255, and 347.048, 8
RSMo, are repealed and fifty-five new sections enacted in lieu 9
thereof, to be known as sections 82.1025, 137.016, 140.010, 10
140.190, 140.250, 140.420, 140.980, 140.981, 140.982, 140.983, 11
SS SCS SB 1001 2
140.984, 140.985, 140.986, 140.987, 140.988, 140.991, 140.994, 12
140.995, 140.1000, 140.1009, 140.1012, 141.220, 141.230, 13
141.250, 141.270, 141.290, 141.300, 141.320, 141.330, 141.360, 14
141.410, 141.440, 141.500, 141.520, 141.535, 141.540, 141.550, 15
141.560, 141.570, 141.580, 141.610, 141.620, 141.680, 141.700, 16
141.819, 141.980, 141.984, 141.1009, 141.1020, 249.255, 17
262.975, 347.048, 407.3600, 442.703, and 442.920, to read as 18
follows:19
82.1025. 1. Sections 82.1025, 82.1027 and 82.1030 1
apply to a nuisance located within the boundaries of: 2
(1) Any city not within a county; 3
(2) Any home rule city with at least three hundred 4
fifty thousand inhabitants which is located in more than one 5
county; 6
(3) Any home rule city with more than one hundred 7
sixty thousand but fewer than two hundred thousand 8
inhabitants; [or] 9
(4) Any home rule city with more than seventy-one 10
thousand but fewer than seventy-nine thousand inhabitants; or 11
(5) Any city with more than one hundred five thousand 12
but fewer than one hundred twenty-five thousand inhabitants. 13
2. Any property owner who owns property within one 14
thousand two hundred feet of a parcel of property that is 15
alleged to be a nuisance may bring a nuisance action under 16
this section against the offending property owner for the 17
amount of damage created by such nuisance to the value of 18
the petitioner's property, including diminution in value of 19
the petitioner's property, and court costs. 20
3. An action for injunctive relief to abate a nuisance 21
may be brought under this section by: 22
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(1) Anyone who owns property within one thousand two 23
hundred feet to a property which is alleged to be a 24
nuisance; or 25
(2) A neighborhood organization, as defined in section 26
82.1027, on behalf of any person or persons who own property 27
within the boundaries of the neighborhood or neighborhoods 28
described in the articles of incorporation or bylaws of the 29
neighborhood organization and who could maintain a nuisance 30
action under this section or under the common law of private 31
nuisance, or on its own behalf with respect to a nuisance on 32
property anywhere within the boundaries of the neighborhood 33
or neighborhoods. 34
4. An action shall not be brought under this section 35
until sixty days after the party who brings the action has 36
mailed notice of intent to bring an action under this 37
section, postage prepaid, to: 38
(1) The tenant, if any, or to "occupant" if the 39
identity of the tenant cannot be reasonably ascertained, at 40
the property's address; and 41
(2) The property owner of record at the last known 42
address of the property owner on file with the county or 43
city, or, if the property owner is a corporation or other 44
type of limited liability company, to the property owner's 45
registered agent at the agent's address of record; 46
that a nuisance exists and that legal action may be taken 47
against the owner of the property if the nuisance is not 48
eliminated within sixty days after the date on the mailed 49
notice. If the notice is returned unclaimed or refused, 50
designated by the post office to be undeliverable, or signed 51
for by a person other than the addressee, then adequate and 52
sufficient notice shall be provided by posting a copy of the 53
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notice on the property where the nuisance allegedly is 54
occurring. A sworn affidavit by the person who mailed or 55
posted the notice describing the date and manner that notice 56
was given shall be sufficient evidence to establish that the 57
notice was given. The notice shall specify: 58
(a) The act or condition that constitutes the nuisance; 59
(b) The date the nuisance was first discovered; 60
(c) The address of the property and location on the 61
property where the act or condition that constitutes the 62
nuisance is allegedly occurring or exists; and 63
(d) The relief sought in the action. 64
5. A copy of a notice of citation issued by the city 65
or county that shows the date the citation was issued shall 66
be prima facie evidence of whether and for how long the 67
property has been in violation of the code or ordinance 68
provisions described in the citation. 69
6. A proceeding under this section shall: 70
(1) Be heard at the earliest practicable date; and 71
(2) Be expedited in every way. 72
7. When a property owner or neighborhood organization 73
brings an action under this section for injunctive relief to 74
abate a nuisance, a prima facie case for injunctive relief 75
shall be made upon proof that a nuisance exists on the 76
property. An action for injunctive relief to abate a 77
nuisance shall be heard by the court without a jury and 78
shall not require proof that the party bringing the action 79
has sustained damage or loss as a result of the nuisance. 80
8. When a property owner or neighborhood organization 81
bringing the action prevails in such action, such property 82
owner or organization may be entitled to an award for 83
attorneys' fees and expenses, based on the amount of time 84
reasonably expended, as ordered by the court, which award 85
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for attorneys' fees and expenses shall be entered as a 86
judgment against the owner of the property on which the act 87
or condition constituting the nuisance occurred or was 88
located. 89
9. In addition to any other penalties or costs 90
associated with the abatement of a nuisance that are imposed 91
pursuant to sections 82.1025 to 82.1031, any person or 92
entity that is not a resident of this state and who is an 93
owner of property found to have a code or ordinance 94
violation shall be subject to a civil fine of two thousand 95
dollars per violation. Any property found to have a code or 96
ordinance violation and that is structurally unsafe or poses 97
a threat to persons or other property shall have such 98
nuisance abated within one year of the code or ordinance 99
violation. Any such property that is not abated within one 100
year, and any property with unpaid civil fines within two 101
years of the imposition of the fine shall be subject to sale 102
by the taxing jurisdiction in which the property is 103
located. The property shall be sold in an amount that will 104
satisfy the costs incurred for abating the property as well 105
as any outstanding civil fines. Such sale shall coincide 106
with the sale of delinquent properties under chapters 140 107
and 141. 108
137.016. 1. As used in Section 4(b) of Article X of 1
the Missouri Constitution, the following terms mean: 2
(1) "Residential property"[,]: 3
(a) All real property improved by a structure which is 4
used or intended to be used for residential living by human 5
occupants[,]; 6
(b) Vacant land in connection with an airport[,]; 7
(c) Land used as a golf course[,]; 8
(d) Manufactured home parks[,]; 9
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(e) Bed and breakfast inns in which the owner resides 10
and uses as a primary residence with six or fewer rooms for 11
rent[, and]; 12
(f) Time -share units as defined in section 407.600, 13
except to the extent such units are actually rented and 14
subject to sales tax under subdivision (6) of subsection 1 15
of section 144.020[, but]; and 16
(g) Any single family home owned by an individual or 17
business that is leased for a term of less than thirty 18
consecutive days, in whole or in part, subject to sales tax 19
under subdivision (6) of subsection 1 of section 144.020, 20
provided that the provisions of this paragraph may not apply 21
to such properties in excess of fifteen such properties 22
owned by the same individual or business. For the purposes 23
of this paragraph, the term "business" shall mean a sole 24
proprietor, partnership, or limited liability company. For 25
the purposes of this paragraph for determining the number of 26
single family homes leased for a term of less than thirty 27
consecutive days, in whole or in part, subject to sales tax 28
under subdivision (6) of subsection 1 of section 144.020 29
owned by an individual or business, all single family homes 30
that are such properties owned by the individual or 31
business, or which an individual or business is a part, 32
shall be counted. The provisions of this paragraph shall 33
not be construed to authorize the classification of any real 34
property owned by a corporation as residential property; 35
Residential property shall not include other similar 36
facilities used primarily for transient housing. For the 37
purposes of this section, "transient housing" means all 38
rooms available for rent or lease for which the receipts 39
from the rent or lease of such rooms are subject to state 40
SS SCS SB 1001 7
sales tax pursuant to subdivision (6) of subsection 1 of 41
section 144.020; the leasing of a single family home, in 42
whole or in part, for a term of less than thirty consecutive 43
days does not, in itself, constitute "transient housing"; 44
(2) "Agricultural and horticultural property", all 45
real property used for agricultural purposes and devoted 46
primarily to the raising and harvesting of crops; to the 47
feeding, breeding and management of livestock which shall 48
include breeding, showing, and boarding of horses; to 49
dairying, or to any other combination thereof; and buildings 50
and structures customarily associated with farming, 51
agricultural, and horticultural uses. Agricultural and 52
horticultural property shall also include land devoted to 53
and qualifying for payments or other compensation under a 54
soil conservation or agricultural assistance program under 55
an agreement with an agency of the federal government. 56
Agricultural and horticultural property shall further 57
include any reliever airport. Real property classified as 58
forest croplands shall not be agricultural or horticultural 59
property so long as it is classified as forest croplands and 60
shall be taxed in accordance with the laws enacted to 61
implement Section 7 of Article X of the Missouri 62
Constitution. Agricultural and horticultural property shall 63
also include any sawmill or planing mill defined in the U.S. 64
Department of Labor's Standard Industrial Classification 65
(SIC) Manual under Industry Group 242 with the SIC number 66
2421. Agricultural and horticultural property shall also 67
include urban and community gardens. For the purposes of 68
this section, "urban and community gardens" shall include 69
real property cultivated by residents of a neighborhood or 70
community for the purposes of providing agricultural 71
products, as defined in section 262.900, for the use of 72
SS SCS SB 1001 8
residents of the neighborhood or community, and shall not 73
include a garden intended for individual or personal use; 74
(3) "Utility, industrial, commercial, railroad and 75
other real property", all real property used directly or 76
indirectly for any commercial, mining, industrial, 77
manufacturing, trade, professional, business, or similar 78
purpose, including all property centrally assessed by the 79
state tax commission but shall not include floating docks, 80
portions of which are separately owned and the remainder of 81
which is designated for common ownership and in which no one 82
person or business entity owns more than five individual 83
units. All other real property not included in the property 84
listed in subclasses (1) and (2) of Section 4(b) of Article 85
X of the Missouri Constitution, as such property is defined 86
in this section, shall be deemed to be included in the term 87
"utility, industrial, commercial, railroad and other real 88
property". 89
2. Pursuant to Article X of the state Constitution, 90
any taxing district may adjust its operating levy to recoup 91
any loss of property tax revenue, except revenues from the 92
surtax imposed pursuant to Article X, Subsection 2 of 93
Section 6 of the Constitution, as the result of changing the 94
classification of structures intended to be used for 95
residential living by human occupants which contain five or 96
more dwelling units if such adjustment of the levy does not 97
exceed the highest tax rate in effect subsequent to the 1980 98
tax year. For purposes of this section, loss in revenue 99
shall include the difference between the revenue that would 100
have been collected on such property under its 101
classification prior to enactment of this section and the 102
amount to be collected under its classification under this 103
section. The county assessor of each county or city not 104
SS SCS SB 1001 9
within a county shall provide information to each taxing 105
district within its boundaries regarding the difference in 106
assessed valuation of such property as the result of such 107
change in classification. 108
3. All reclassification of property as the result of 109
changing the classification of structures intended to be 110
used for residential living by human occupants which contain 111
five or more dwelling units shall apply to assessments made 112
after December 31, 1994. 113
4. Where real property is used or held for use for 114
more than one purpose and such uses result in different 115
classifications, the county assessor shall allocate to each 116
classification the percentage of the true value in money of 117
the property devoted to each use; except that, where 118
agricultural and horticultural property, as defined in this 119
section, also contains a dwelling unit or units, the farm 120
dwelling, appurtenant residential-related structures and up 121
to five acres immediately surrounding such farm dwelling 122
shall be residential property, as defined in this section, 123
provided that the portion of property used or held for use 124
as an urban and community garden shall not be residential 125
property. This subsection shall not apply to any reliever 126
airport. 127
5. All real property which is vacant, unused, or held 128
for future use; which is used for a private club, a not-for- 129
profit or other nonexempt lodge, club, business, trade, 130
service organization, or similar entity; or for which a 131
determination as to its classification cannot be made under 132
the definitions set out in subsection 1 of this section, 133
shall be classified according to its immediate most suitable 134
economic use, which use shall be determined after 135
consideration of: 136
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(1) Immediate prior use, if any, of such property; 137
(2) Location of such property; 138
(3) Zoning classification of such property; except 139
that, such zoning classification shall not be considered 140
conclusive if, upon consideration of all factors, it is 141
determined that such zoning classification does not reflect 142
the immediate most suitable economic use of the property; 143
(4) Other legal restrictions on the use of such 144
property; 145
(5) Availability of water, electricity, gas, sewers, 146
street lighting, and other public services for such property; 147
(6) Size of such property; 148
(7) Access of such property to public thoroughfares; 149
and 150
(8) Any other factors relevant to a determination of 151
the immediate most suitable economic use of such property. 152
6. All lands classified as forest croplands shall not, 153
for taxation purposes, be classified as subclass (1), 154
subclass (2), or subclass (3) real property, as such classes 155
are prescribed in Section 4(b) of Article X of the Missouri 156
Constitution and defined in this section, but shall be taxed 157
in accordance with the laws enacted to implement Section 7 158
of Article X of the Missouri Constitution. 159
140.010. 1. All real estate upon which the taxes 1
remain unpaid on the first day of January, annually, are 2
delinquent, and the county collector shall enforce the lien 3
of the state thereon, as required by this chapter. Any 4
failure to properly return the delinquent list, as required 5
by this chapter, in no way affects the validity of the 6
assessment and levy of taxes, nor of the foreclosure and 7
sale by which the collection of the taxes is enforced, nor 8
SS SCS SB 1001 11
in any manner affects the lien of the state on the 9
delinquent real estate for the taxes unpaid thereon. 10
2. Alternatively, any county may, by adoption of a 11
resolution or order of the county commission of such county, 12
elect to operate under the provisions of sections 141.210 to 13
141.810 for any parcel [for which there is an unpaid tax 14
bill for a period of at least two years after the date on 15
which it became delinquent]. Any county electing to operate 16
as such shall be called a "partial opt-in county". No 17
county eligible to establish a land bank agency under 18
subsection 1 of section 140.981 shall elect to operate as a 19
partial opt-in county unless the county first elects to 20
establish a land bank agency as provided in subsection 1 of 21
section 140.981. In accordance with section 141.290, after 22
the adoption of such resolution or order by a county 23
commission, the collector of the county shall decide which 24
tax delinquent parcels shall proceed according to the 25
provisions of sections 141.210 to 141.810. Such parcels 26
shall be exempt from the provisions of sections 140.030 to 27
140.722. The collector shall remove such parcels from any 28
list of parcels advertised for first, second, third, or post- 29
third sales. 30
140.190. 1. On the day mentioned in the notice, the 1
county collector shall commence the sale of such lands, and 2
shall continue the same from day to day until each parcel 3
assessed or belonging to each person assessed shall be sold 4
as will pay the taxes, interest, and charges thereon, or 5
chargeable to such person in said county. 6
2. (1) The person or land bank agency offering at 7
said sale to pay the required sum for a tract shall be 8
considered the purchaser of such land; provided, no sale 9
shall be made to any person or designated agent who: 10
SS SCS SB 1001 12
(a) Is currently delinquent on any tax payments on any 11
property, other than a delinquency on the property being 12
offered for sale, and who does not sign an affidavit stating 13
such at the time of sale. Failure to sign such affidavit as 14
well as signing a false affidavit may invalidate such sale; 15
(b) Is a member of the governing body of a land bank 16
agency; 17
(c) Is an employee of a land bank agency; 18
(d) Is an elected or appointed official of the 19
governing body, or an employee of such official, of the 20
political subdivision in which a land bank agency is 21
located; or 22
(e) Is related within the second degree of 23
consanguinity to a person described in paragraphs (b) to (d) 24
of this subdivision. 25
(2) No bid shall be received from any person not a 26
resident of the state of Missouri or a foreign corporation 27
or entity all deemed nonresidents. A nonresident shall file 28
with said collector an agreement in writing consenting to 29
the jurisdiction of the circuit court of the county in which 30
such sale shall be made, and also filing with such collector 31
an appointment of some citizen of said county as agent of 32
said nonresident, and consenting that service of process on 33
such agent shall give such court jurisdiction to try and 34
determine any suit growing out of or connected with such 35
sale for taxes. After the delinquent auction sale, any 36
certificate of purchase shall be issued to the agent. After 37
meeting the requirements of section 140.405, the property 38
shall be conveyed to the agent on behalf of the nonresident, 39
and the agent shall thereafter convey the property to the 40
nonresident. A collector may preclude a prospective bidder 41
SS SCS SB 1001 13
from participating in a sale for failure to comply with any 42
of the provisions of this section. 43
3. All such written consents to jurisdiction and 44
selective appointments shall be preserved by the county 45
collector and shall be binding upon any person or 46
corporation claiming under the person consenting to 47
jurisdiction and making the appointment herein referred to; 48
provided further, that in the event of the death, disability 49
or refusal to act of the person appointed as agent of said 50
nonresident the county clerk shall become the appointee as 51
agent of said nonresident. 52
4. No person residing in any home rule city with more 53
than seventy-one thousand but fewer than seventy-nine 54
thousand inhabitants shall be eligible to offer to purchase 55
lands under this section unless such person has, no later 56
than ten days before the sale date, demonstrated to the 57
satisfaction of the official charged by law with conducting 58
the sale that the person is not the owner of any parcel of 59
real property that has two or more violations of the 60
municipality's building or housing codes. A prospective 61
bidder may make such a demonstration by presenting 62
statements from the appropriate collection and code 63
enforcement officials of the municipality. This subsection 64
shall not apply to any taxing authority or land bank agency, 65
and entities shall be eligible to bid at any sale conducted 66
under this section without making such a demonstration. 67
140.250. 1. Whenever any lands have been or shall 1
hereafter be offered for sale for delinquent taxes, 2
interest, penalty, and costs by the collector of the proper 3
county for any two successive years and no person shall have 4
bid therefor a sum equal to the delinquent taxes thereon, 5
interest, penalty and costs provided by law, then such 6
SS SCS SB 1001 14
county collector shall at the next regular tax sale of lands 7
for delinquent taxes sell same to the highest bidder, except 8
the highest bid shall not be less than the sum equal to the 9
delinquent taxes, interest, penalties, and costs, and there 10
shall be a ninety-day period of redemption from such sales 11
as specified in section 140.405. 12
2. A certificate of purchase shall be issued as to 13
such sales, and the purchaser at such sales shall be 14
entitled to the issuance and delivery of a collector's deed 15
upon completion of title search action as specified in 16
section 140.405. 17
3. If any lands or lots are not sold at such third 18
offering, then the collector shall advertise or offer such 19
lands or lots for sale once every thirty days. 20
4. A purchaser at any sale subsequent to the third 21
offering of any land or lots, whether by the collector or a 22
trustee as provided in section 140.260, shall be entitled to 23
the immediate issuance and delivery of a collector's deed 24
and there shall be no period of redemption from such post- 25
third year sales; provided, however, before any purchaser at 26
a sale to which this section is applicable shall be entitled 27
to a collector's deed it shall be the duty of the collector 28
to demand, and the purchaser to pay, in addition to the 29
purchaser's bid, all taxes due and unpaid on such lands or 30
lots that become due and payable on such lands or lots 31
subsequent to the date of the taxes included in such 32
advertisement and sale. The collector's deed or trustee's 33
deed shall have priority over all other liens or 34
encumbrances on the property sold except for real property 35
taxes. 36
5. A purchaser at any sale subsequent to the third 37
offering of any land or lots, whether by the collector or a 38
SS SCS SB 1001 15
trustee as provided in section 140.260, may elect to proceed 39
under subsection 1 of this section and subsection 6 of 40
section 140.405 by giving notice to the collector prior to 41
the issuance of a collector's deed. 42
6. In the event the real purchaser at any sale to 43
which this section is applicable shall be the owner of the 44
lands or lots purchased, or shall be obligated to pay the 45
taxes for the nonpayment of which such lands or lots were 46
sold, then no collector's deed shall be issued to such 47
purchaser, or to anyone acting for or on behalf of such 48
purchaser, without payment to the collector of such 49
additional amount as will discharge in full all delinquent 50
taxes, penalty, interest and costs. 51
140.420. If no person shall redeem the lands sold for 1
taxes prior to the expiration of the right to redeem, at the 2
expiration thereof, and on production of the certificate of 3
purchase and upon proof satisfactory to the collector that a 4
purchaser or the purchaser's heirs, successors, or assigns 5
are authorized to acquire the deed: 6
(1) The collector of the county in which the sale of 7
such lands took place shall execute to the purchaser or the 8
purchaser's heirs or assigns, in the name of the state, a 9
conveyance of the real estate so sold, which shall vest in 10
the grantee an absolute estate in fee simple, subject, 11
however, to all claims thereon for unpaid taxes except such 12
unpaid taxes, existing at time of the purchase of said lands 13
and the lien for which taxes was inferior to the lien for 14
taxes for which said tract or lot of land was sold; and 15
(2) The state of Missouri or any person, taxing 16
authority, tax district, judgment creditor, or lienholder 17
that had a right, title, interest, claim, or equity of 18
redemption on or to the lands or that had a lien upon the 19
SS SCS SB 1001 16
lands shall be barred and forever foreclosed of such 20
unclaimed right, title, interest, claim, or equity of 21
redemption in or to the lands and of any lien upon the lands. 22
140.980. 1. Sections 140.980 to 140.1015 shall be 1
known [and may be cited] as the "Chapter 140 Land Bank Act". 2
2. As used in sections 140.980 to 140.1015, the 3
following terms mean: 4
(1) "Land bank agency", an agency established by a 5
county or municipality under the authority of section 6
140.981; 7
(2) "Land taxes", taxes on real property or real 8
estate, including the taxes both on the land and the 9
improvements thereon; 10
(3) "Municipality", any incorporated city, town, or 11
village in this state; 12
(4) "Political subdivision", any county, city, town, 13
village, school district, library district, or any other 14
public subdivision or public corporation that has the power 15
to tax; 16
(5) "Reserve period taxes", land taxes assessed 17
against any parcel of real estate sold or otherwise disposed 18
of by a land bank agency for the first three tax years 19
following such sale or disposition; 20
(6) "Tax bill", real estate taxes and the lien 21
thereof, whether general or special, levied and assessed by 22
any taxing authority; 23
(7) "Taxing authority", any governmental, managing, 24
administering, or other lawful authority, now or hereafter 25
empowered by law to issue tax bills. 26
140.981. 1. Any county with more than one million 1
inhabitants may establish a land bank agency for the 2
management, sale, transfer, and other disposition of 3
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interests in real estate owned by such land bank agency. 4
Any such county may establish a land bank agency by 5
ordinance, resolution, or rule, as applicable. Such 6
ordinance, resolution, or rule shall specify the name of the 7
land bank agency. No county in which a land bank agency has 8
been established under the provisions of sections 141.980 to 9
141.1015 shall elect to establish a land bank agency under 10
this section. 11
2. Any municipality with more than one thousand five 12
hundred inhabitants not located within a county with more 13
than one million inhabitants may establish a land bank 14
agency for the management, sale, transfer, and other 15
disposition of interests in real estate owned by such land 16
bank agency. A municipality may establish a land bank 17
agency by ordinance, resolution, or rule, as applicable. 18
3. A land bank agency shall not own any interest in 19
real estate located wholly or partially outside the [city] 20
municipality or county that established the land bank. 21
4. A land bank agency shall be established for the 22
purpose of returning land, including land that is in a non- 23
revenue-generating, non-tax-producing status, to use in 24
private ownership, or for public use. 25
5. A land bank agency created under the chapter 140 26
land bank act shall be a public body corporate and politic 27
and shall have permanent and perpetual duration until 28
terminated and dissolved in accordance with the provisions 29
of section 140.1012. 30
140.982. 1. If a county establishes a land bank 1
agency under subsection 1 of section 140.981, the members of 2
the first board of directors of a land bank agency shall be 3
appointed within ninety days after the effective date of the 4
ordinance, resolution, or rule passed establishing such land 5
SS SCS SB 1001 18
bank agency. [If any appointing authority fails to make any 6
appointment of a board member within the time the first 7
appointments are required, the appointment shall be made by 8
the county council. The following requirements shall apply 9
to the board of directors: 10
(1) The board of directors shall consist of seven 11
members: 12
(a) Two of whom shall be appointed by the county 13
executive, one of whom shall have professional expertise 14
relevant to the land bank agency; 15
(b) One of whom shall be appointed by the member of 16
the county council representing the district with the 17
highest number of tax delinquent parcels. Such board member 18
shall maintain a primary residence within such district; 19
(c) One of whom shall be appointed by the member of 20
the county council representing the district with the second 21
highest number of tax delinquent parcels. Such board member 22
shall maintain a primary residence within such district; 23
(d) One of whom shall be appointed by consensus of the 24
county executive and the president of the municipal league 25
of the county; and 26
(e) Two of whom shall be resident representatives. 27
Resident representatives shall be appointed by a majority 28
vote of the other board members, and each resident 29
representative shall maintain a primary residence within one 30
of the twenty municipalities containing the highest 31
percentage of tax delinquent parcels;] The county council 32
may, as part of such ordinance, resolution, or rule, provide 33
for the qualifications for members of the board of 34
directors. The board of directors of the land bank agency 35
shall consist of seven members appointed by the county 36
executive pursuant to the authority vested in that office by 37
SS SCS SB 1001 19
the county charter. The following requirements shall apply 38
to the board of directors: 39
[(2)] (1) The term of office of a member shall be four 40
years. Each member's primary residence shall be in the 41
county that has established the land bank agency. Each 42
member serves at the pleasure of the member's appointing 43
authority, may be an employee of the appointing authority, 44
and shall serve without compensation; 45
[(3)] (2) No public officer shall be eligible to serve 46
as a board member. For purposes of this subdivision, 47
"public officer" means a person who is holding an elected 48
public office. Any public employee shall be eligible to 49
serve as a board member; 50
[(4)] (3) The members of the board shall select 51
annually from among themselves a chair, a vice chair, a 52
treasurer, and such other officers as the board may 53
determine and shall establish the officers' duties, as may 54
be regulated by rules adopted by the board; 55
[(5)] (4) The board shall establish rules and 56
requirements relative to the attendance and participation of 57
members in its meetings, regular or special. Such rules and 58
regulations may prescribe a procedure whereby, if any member 59
fails to comply with such rules and regulations, such member 60
may be disqualified and removed automatically from office by 61
no less than a majority vote of the remaining members of the 62
board, and that member's position shall be vacant as of the 63
first day of the next calendar month. Any person removed 64
under the provisions of this subdivision shall be ineligible 65
for reappointment to the board unless such reappointment is 66
confirmed unanimously by the board; 67
[(6)] (5) A vacancy on the board shall be filled in 68
the same manner as the original appointment[. If any 69
SS SCS SB 1001 20
appointing authority fails to make any appointment of a 70
board member within sixty days after any term expires, the 71
appointment shall be made by the county council] within 72
sixty days and shall be done in compliance with the county 73
charter; 74
[(7)] (6) Board members shall serve without 75
compensation. The board may reimburse any member for 76
expenses actually incurred in the performance of duties on 77
behalf of the land bank agency; 78
[(8)] (7) The board shall have the power to organize 79
and reorganize the executive, administrative, clerical, and 80
other departments of the land bank agency and to fix the 81
duties, powers, and compensation of all employees, agents, 82
and consultants of the land bank agency; 83
[(9)] (8) The board shall meet in regular session 84
according to a schedule adopted by the board and also shall 85
meet in special session as convened by the chair or upon 86
written notice signed by a majority of the members. The 87
presence of a majority of total membership, excluding 88
vacancies, shall constitute a quorum; 89
[(10)] (9) All actions of the board shall be approved 90
by the affirmative vote of a majority of the members of that 91
board present and voting. However, no action of the board 92
shall be authorized on the following matters unless approved 93
by a majority of the total board membership: 94
(a) Adoption, amendment, or repeal of bylaws and other 95
rules and regulations for conduct of the land bank agency's 96
business; 97
(b) Hiring or firing of any employee or contractor of 98
the land bank agency. This function may, by majority vote, 99
be delegated by the board to a specified officer or 100
SS SCS SB 1001 21
committee of the land bank agency under such terms and 101
conditions and to the extent that the board may specify; 102
(c) Adoption or amendment of the annual budget; and 103
(d) Sale, encumbrance, or alienation of real property, 104
improvements, or personal property; 105
[(11)] (10) The governing body of the county 106
establishing a land bank agency may incur debt, including, 107
without limitation, borrowing moneys and issuing bonds, 108
notes, or other obligations to provide funding for the land 109
bank agency; 110
[(12)] (11) Members of a board shall not be liable 111
personally on the bonds or other obligations of the land 112
bank agency, and the rights of creditors shall be solely 113
against such land bank agency; and 114
[(13)] (12) Vote by proxy shall not be permitted. Any 115
member may request a recorded vote on any resolution or 116
action of the land bank agency. 117
2. If a municipality establishes a land bank agency 118
under subsection 1 of section 140.981, the ordinance, 119
resolution, or rule, as applicable, may specify the 120
following: 121
(1) The name of the land bank agency; 122
(2) The number of members of the board of directors, 123
which shall consist of an odd number of members and shall be 124
no fewer than five members nor more than eleven members; 125
(3) The initial individuals to serve as members of the 126
board of directors and the length of terms for which the 127
members are to serve; and 128
(4) The qualifications, manner of selection or 129
appointment, and terms of office of members of the board. 130
3. A land bank agency may employ a secretary, an 131
executive director, its own counsel and legal staff, 132
SS SCS SB 1001 22
technical experts, and other agents and employees, permanent 133
or temporary, as it may require and may determine the 134
qualifications and fix the compensation and benefits of such 135
persons. A land bank agency may also enter into contracts 136
and agreements with political subdivisions for staffing 137
services to be provided to the land bank agency by political 138
subdivisions or agencies or departments thereof, or for a 139
land bank agency to provide such staffing services to 140
political subdivisions or agencies or departments thereof. 141
140.983. A land bank agency established under the 1
chapter 140 land bank act shall have all powers necessary or 2
appropriate to carry out and effectuate the purposes and 3
provisions of the chapter 140 land bank act, including the 4
following powers in addition to those herein otherwise 5
granted: 6
(1) To adopt, amend, and repeal bylaws for the 7
regulation of its affairs and the conduct of its business; 8
(2) To sue and be sued, in its own name, and plead and 9
be impleaded in all civil actions including, but not limited 10
to, actions to clear title to property of the land bank 11
agency; 12
(3) To adopt a seal and to alter the same at pleasure; 13
(4) To borrow from the political subdivision 14
establishing the land bank agency, as may be necessary for 15
the operation and work of the land bank agency; 16
(5) To procure insurance or guarantees from political 17
subdivisions, the state, the federal government, or any 18
other public or private sources of the payment of any bond, 19
note, loan, or other obligation, or portion thereof, 20
incurred by the land bank agency and to pay any fees or 21
premiums in connection therewith; 22
SS SCS SB 1001 23
(6) To enter into contracts and other instruments 23
necessary, incidental, or convenient to the performance of 24
its duties and the exercise of its powers including, but not 25
limited to, agreements with other land bank agencies and 26
with political subdivisions for the joint exercise of powers 27
under this chapter; 28
(7) To enter into contracts and other instruments 29
necessary, incidental, or convenient to: 30
(a) The performance of functions by the land bank 31
agency on behalf of political subdivisions, or agencies or 32
departments thereof; or 33
(b) The performance by political subdivisions, or 34
agencies or departments thereof, of functions on behalf of 35
the land bank agency; 36
(8) To make and execute contracts and other 37
instruments necessary or convenient to the exercise of the 38
powers of the land bank agency; 39
(9) To procure insurance against losses in connection 40
with the property, assets, or activities of the land bank 41
agency; 42
(10) To invest the [moneys] money of the land bank 43
agency in the same manner as moneys are invested by the 44
state treasurer, including amounts deposited in reserve or 45
sinking funds, at the discretion of the land bank agency in 46
obligations or property determined proper by the land bank 47
agency and to name and use depositories for its moneys; 48
(11) To enter into contracts for the management of or 49
the sale of the property of the land bank agency; 50
(12) To design, develop for public use, construct, 51
demolish, reconstruct, rehabilitate, renovate, relocate, 52
equip, furnish, and otherwise improve real property or 53
SS SCS SB 1001 24
rights or interests in real property held by the land bank 54
agency; 55
(13) To acquire property, whether by purchase, 56
exchange, gift, lease, or otherwise, except not property not 57
wholly located in the county or municipality that 58
established the land bank agency; to grant or acquire 59
licenses and easements; and to sell, grant an option with 60
respect to, or otherwise dispose of, any property of the 61
land bank agency; 62
(14) To enter into partnerships, joint ventures, and 63
other collaborative relationships with political 64
subdivisions and other public and private entities for the 65
management, development, and disposition of real property, 66
except not for property not wholly located in the county or 67
municipality that established the land bank agency; and 68
(15) Subject to the other provisions of this chapter 69
and all other applicable laws, to do all other things 70
necessary or convenient to achieve the objectives and 71
purposes of the land bank agency or other laws that relate 72
to the purposes and responsibility of the land bank agency. 73
140.984. 1. The income of a land bank agency shall be 1
exempt from all taxation by the state and by any of its 2
political subdivisions. Upon acquiring title to any real 3
estate, a land bank agency shall immediately notify the 4
county assessor and the county collector of such ownership; 5
all taxes, special taxes, fines, and fees on such real 6
estate shall be deemed satisfied by transfer to the land 7
bank agency; and such property shall be exempt from all 8
taxation during the land bank agency's ownership thereof, in 9
the same manner and to the same extent as any other publicly 10
owned real estate. Upon the sale or other disposition of 11
any real estate held by it, the land bank agency shall 12
SS SCS SB 1001 25
immediately notify the county assessor and the county 13
collector of such change of ownership. However, that such 14
tax exemption for improved and occupied real property held 15
by the land bank agency as a lessor pursuant to a ground 16
lease shall terminate upon the first occupancy[, and]. The 17
land bank agency shall immediately notify the county 18
assessor and the county collector of such occupancy. 19
2. A land bank agency may acquire real property by 20
gift, devise, transfer, exchange, foreclosure, purchase, or 21
pursuant to sections 141.560 to 141.580 or section 141.819, 22
except a land bank agency shall not acquire property located 23
partially or wholly outside the boundaries of the county or 24
municipality that established such land bank agency. 25
3. A land bank agency may acquire property by purchase 26
contracts, lease purchase agreements, installment sales 27
contracts, and land contracts and may accept transfers from 28
political subdivisions upon such terms and conditions as 29
agreed to by the land bank agency and the political 30
subdivision. A land bank agency may bid on any parcel of 31
real estate offered for sale, offered at a foreclosure sale 32
under sections 140.220 to 140.250, offered at a sale 33
conducted under section 140.190, 140.240, or 140.250, or 34
offered at a foreclosure sale under section 141.550. 35
Notwithstanding any other law to the contrary, any political 36
subdivision may transfer to the land bank agency real 37
property and interests in real property of the political 38
subdivision on such terms and conditions and according to 39
such procedures as determined by the political subdivision. 40
4. A land bank agency shall maintain all of its real 41
property in accordance with the laws and ordinances of the 42
jurisdictions in which the real property is located. 43
SS SCS SB 1001 26
5. Upon issuance of a deed to a parcel of real estate 44
to a land bank agency under subsection 4 of section 140.250, 45
subsection 5 of section 140.405, other sale conducted under 46
section 140.190, 140.240, or 140.250, or section 141.550, 47
the land bank agency shall pay only the amount of the land 48
bank agency's bid that exceeds the amount of all tax bills 49
included in the judgment, interest, penalties, attorney's 50
fees, taxes, and costs then due thereon. If the real estate 51
is acquired in a delinquent land tax auction under 52
subsection 4 of section 140.250, subsection 5 of section 53
140.405, or other sale conducted under section 140.190, 54
140.240, or 140.250, such excess shall be applied and 55
distributed in accordance with section 140.230. If the real 56
estate is acquired in a delinquent land tax auction under 57
section 141.550, such excess shall be applied and 58
distributed in accordance with subsections 3 and 4 of 59
section 141.580, exclusive of subdivision (3) of subsection 60
3 of section 141.580. Upon issuance of a deed, the county 61
collector shall mark the tax bills included in the judgment 62
as "cancelled by sale to the land bank" and shall take 63
credit for the full amount of such tax bills, including 64
principal amount, interest, penalties, attorney's fees, and 65
costs, on the county collector's books and in the county 66
collector's statements with any other taxing authorities. 67
6. A land bank shall not own real property unless the 68
property is wholly located within the boundaries of the 69
county or municipality that established the land bank agency. 70
7. Within one year of the effective date of the 71
ordinance, resolution, or rule passed establishing a 72
municipal land bank agency under subsection 2 of section 73
140.981, the title to any real property that is located 74
wholly within the municipality that created the land bank 75
SS SCS SB 1001 27
agency and that is held by a land trust created under 76
subsection 1 of section 141.819 shall be transferred by deed 77
from the land trust to such land bank agency, at the land 78
bank agency's request. 79
140.985. 1. A land bank agency shall hold in its own 1
name all real property acquired by such land bank agency, 2
irrespective of the identity of the transferor of such 3
property. 4
2. A land bank agency shall maintain and make 5
available for public review and inspection an inventory and 6
history of all real property the land bank agency holds or 7
formerly held. This inventory and history shall be 8
available on the land bank agency's website and include at a 9
minimum: 10
(1) Whether a parcel is available for sale; 11
(2) The address of the parcel if an address has been 12
assigned; 13
(3) The parcel number if no address has been assigned; 14
(4) The month and year that a parcel entered the land 15
bank agency's inventory; 16
(5) Whether a parcel has sold; 17
(6) If a parcel has sold, the name of the person or 18
entity to which it was sold; and 19
(7) Whether the parcel was acquired by the land bank 20
agency through judicial foreclosure, nonjudicial 21
foreclosure, donation, or some other manner. 22
3. The land bank agency shall determine and set forth 23
in policies and procedures the general terms and conditions 24
for consideration to be received by the land bank agency for 25
the transfer of real property and interests in real 26
property. Consideration may take the form of monetary 27
payments and secured financial obligations, covenants, and 28
SS SCS SB 1001 28
conditions related to the present and future use of the 29
property; contractual commitments of the transferee; and 30
such other forms of consideration as the land bank agency 31
determines to be in the best interest of the land bank 32
agency. 33
4. A land bank agency may convey, exchange, sell, 34
transfer, grant, release and demise, pledge, and hypothecate 35
any and all interests in, upon, or to property of the land 36
bank agency. A land bank agency may gift any interest in, 37
upon, or to property to the county or municipality that 38
established the land bank agency. 39
5. A county or municipality may, in its resolution, 40
ordinance, or rule creating a land bank agency, establish a 41
hierarchical ranking of priorities for the use of real 42
property conveyed by such land bank agency, including, but 43
not limited to: 44
(1) Use for purely public spaces and places; 45
(2) Use as wildlife conservation areas; 46
(3) Use as a green field area; and 47
(4) To return to private use. 48
If a county or municipality, in its resolution, ordinance, 49
or rule creating a land bank agency, establishes priorities 50
for the use of real property conveyed by the land bank 51
agency, such priorities shall be consistent with and no more 52
restrictive than municipal planning and zoning ordinances. 53
6. The land bank agency may delegate to officers and 54
employees the authority to enter into and execute 55
agreements, instruments of conveyance, and all other related 56
documents pertaining to the conveyance of property by the 57
land bank agency. 58
SS SCS SB 1001 29
7. Any property sold by a land bank agency that was 59
acquired through purchase, transfer, exchange, or gift shall 60
be sold. 61
8. When any parcel of real estate acquired by a land 62
bank agency is sold or otherwise disposed of by such land 63
bank agency, the proceeds therefrom shall be applied and 64
distributed in the following order: 65
(1) To the payment of the expenses of the sale; 66
(2) To fulfill the requirements of the resolution, 67
indenture, or other financing documents adopted or entered 68
into in connection with bonds, notes, or other obligations 69
of the land bank agency, to the extent that such 70
requirements may apply with respect to such parcel of real 71
estate; 72
(3) To the land bank agency to pay the salaries and 73
other expenses of such land bank agency and of its employees 74
as provided for in its annual budget; and 75
(4) Any funds in excess of those necessary to meet the 76
expenses of the annual budget of the land bank agency in any 77
fiscal year and a reasonable sum to carry over into the next 78
fiscal year to assure that sufficient funds will be 79
available to meet initial expenses for that next fiscal year 80
shall be paid to the respective taxing authorities that, at 81
the time of the distribution, are taxing the real property 82
from which the proceeds are being distributed. The 83
distributions shall be in proportion to the amounts of the 84
taxes levied on the properties by the taxing authorities. 85
Distribution shall be made on January first and July first 86
of each year, and at such other times as the land bank 87
agency may determine. 88
140.986. 1. No later than five years from the date it 1
acquired the property, a land bank agency shall either sell, 2
SS SCS SB 1001 30
put to a productive use, or show significant progress 3
towards selling or putting the property to a productive use 4
[a parcel of real property]. A productive use may be 5
demolishing all structures of the property or using the 6
property for a community garden, park, or other open public 7
space. No later than eight years from the date it acquired 8
the property, a land bank agency shall sell, clear, or put 9
such property to public use. 10
2. The governing body of the county or municipality 11
may grant the land bank agency a one-year extension if the 12
body determines by a majority vote that unforeseen 13
circumstances have delayed the sale or productive use of a 14
parcel of property. 15
3. If a land bank agency owns a parcel of real 16
property that does not have a productive use after five 17
years, or does not receive an extension under subsection 2 18
of this section, the property shall be offered for public 19
sale using the procedures under sections 140.170 to 140.190. 20
140.987. 1. A land bank agency shall require that any 1
buyer demonstrate that the buyer is not the owner of any 2
parcel of real estate within the county or municipality that 3
created the land bank agency for which a tax bill has been 4
delinquent for more than one year or is in violation of any 5
municipal building or housing code[, and is not the original 6
owner or relative of such owner within the second degree of 7
consanguinity of the parcel sold, transferred, exchanged, or 8
gifted to the land bank agency]. 9
2. No foreign or domestic corporation or limited 10
liability company that has failed to appoint or maintain a 11
registered agent under chapter 347 or 351 shall be eligible 12
to buy property from the land bank agency. No foreign 13
corporate entity shall be eligible to buy property from the 14
SS SCS SB 1001 31
land bank agency unless it has a certificate of authority to 15
transact business in Missouri under section 351.572. 16
3. As a condition of the sale or other authorized 17
conveyance of ownership of any parcel of land owned by the 18
land bank agency to a private owner, such owner may be 19
required to enter into a contract, which may be secured by a 20
deed of trust in favor of the land bank agency, stipulating 21
that such owner or the owner's successor agrees that such 22
owner or the owner's successor make certain improvements to 23
the parcel. If the land bank agency finds by resolution 24
that the terms of the contract have not been satisfied, the 25
land bank agency shall be authorized to bring suit to 26
recover damages for the breach and to seek a judicial 27
foreclosure of the parcel under sections 443.190 to 443.260, 28
except that upon final judgment of the court, title shall 29
revert to the land bank agency without necessity of sale. 30
As an alternative to, or in addition to, seeking a judicial 31
foreclosure, the land bank agency may, only by gift, assign 32
or convey its right to foreclose under sections 443.190 to 33
443.260 to any 501(c)(3) tax-exempt nonprofit organization 34
or exercise the right of reentry under chapter 524, 527, or 35
534. The land bank agency or its assignee shall assume 36
title to the land by filing a copy of the judgment with the 37
recorder of deeds in the county where the property is 38
located. Any property redeemed by the land bank agency 39
under the provisions of this section shall be administered 40
in the same manner as other property sold to the land bank 41
agency. 42
140.988. 1. (1) A land bank agency may receive 1
funding through grants and gifts from political 2
subdivisions, the state, the federal government, and other 3
public and private sources. 4
SS SCS SB 1001 32
(2) A land bank agency may receive funding through 5
gifts from any source, provided that the land bank agency 6
shall not sell or otherwise transfer by any means any real 7
property held by the land bank agency to the entity from 8
which the land bank agency received a gift [pursuant to this 9
subdivision]. 10
2. Except as otherwise provided in subsection 7 of 11
section 140.985, a land bank agency may receive and retain 12
payments for services rendered, for consideration for 13
disposition of real and personal property, for proceeds of 14
insurance coverage for losses incurred, for income from 15
investments, and for any other asset and activity lawfully 16
permitted to a land bank agency under the chapter 140 land 17
bank act. 18
3. If a land bank agency sells or otherwise disposes 19
of a parcel of real estate held by it, any land taxes 20
assessed against such parcel for the three tax years 21
following such sale or disposition by such land bank agency 22
that are collected by the county collector in a calendar 23
year and not refunded, less the fees provided under section 24
52.260 and subsection 4 of this section and less the amounts 25
to be deducted under section 137.720, shall be distributed 26
by the county collector to such land bank agency no later 27
than March first of the following calendar year, provided 28
that land taxes impounded under section 139.031 or otherwise 29
paid under protest shall not be subject to distribution 30
under this subsection. Any amount required to be 31
distributed to a land bank agency under this subsection 32
shall be subject to offset for amounts previously 33
distributed to such land bank agency that were assessed, 34
collected, or distributed in error. 35
SS SCS SB 1001 33
4. In addition to any other provisions of law related 36
to collection fees, the county collector shall collect on 37
behalf of the county a fee of four percent of reserve period 38
taxes collected and such fees collected shall be deposited 39
in the county general fund. 40
5. If a county has established a land bank agency 41
under subsection 1 of section 140.981, the collector may 42
collect on behalf of the county a fee for the collection of 43
delinquent and back taxes of up to five percent on all sums 44
collected to be added to the face of the tax bill and 45
collected from the party paying the tax. All fees collected 46
under the provisions of this subsection shall be paid to the 47
land bank agency established under subsection 1 of section 48
140.981. 49
140.991. 1. There shall be an annual audit of the 1
affairs, accounts, expenses, and financial transactions of a 2
land bank agency by a certified public accountant before 3
April thirtieth of each year, which accountant shall be 4
employed by the land bank agency on or before March first of 5
each year. Certified copies of the audit shall be furnished 6
to the county or municipality that established the land bank 7
agency, and the county or municipality shall post the audit 8
on its [public] website. Copies of the audit shall also be 9
available for public inspection at the office of the land 10
bank agency. 11
2. The land bank agency may be performance audited at 12
any time by the state auditor or by the auditor of the 13
county or municipality that established the land bank 14
agency. The land bank agency shall make copies of such 15
audit available to the public and shall post a copy of the 16
audit on the land bank agency's website within thirty days 17
of the completion of the audit. 18
SS SCS SB 1001 34
140.994. 1. A land bank agency shall have power to 1
receive funds from bonds issued by the county or 2
municipality that created the land bank agency, for any of 3
its [corporate] purposes. The bonds shall be special, 4
limited obligations of the county or municipality that 5
created the land bank agency, the principal of and interest 6
on which shall be payable solely from the income and revenue 7
derived from the sale, or other disposition of the assets of 8
the land bank agency, or such portion thereof as may be 9
designated in the resolution, indenture, or other financing 10
documents relating to the issuance of the bonds. 11
2. Bonds issued pursuant to this section shall not be 12
deemed to be an indebtedness within the meaning of any 13
constitutional or statutory limitation upon the incurring of 14
indebtedness. The bonds shall not constitute a debt, 15
liability, or obligation of the state or a pledge of the 16
full faith and credit or the taxing power of the state and 17
the bonds shall contain a recital to that effect. Neither 18
the members of the board nor any person executing the bonds 19
shall be liable personally on the bonds by reason of the 20
issuance thereof. 21
3. Bonds issued pursuant to this section shall be 22
authorized by resolution of the governing body of the county 23
or municipality establishing the land bank agency, shall be 24
issued in such form, shall be in such denominations, shall 25
bear interest at such rate or rates, shall mature on such 26
dates and in such manner, shall be subject to redemption at 27
such times and on such terms, and shall be executed by one 28
or more members of the governing body of the county or 29
municipality establishing the land bank agency, as provided 30
in the resolution authorizing the issuance thereof or as set 31
out in the indenture or other financing document authorized 32
SS SCS SB 1001 35
and approved by such resolution. The governing body of the 33
county or municipality establishing the land bank agency may 34
sell such bonds in such manner, either at public or at 35
private sale, and for such price as the governing body of 36
the county or municipality establishing the land bank agency 37
may determine to be in the best interests of the land bank 38
agency. 39
4. A governing body of the county or municipality 40
establishing the land bank agency may from time to time, as 41
authorized by resolution of the governing body, issue 42
refunding bonds for the purpose of refunding, extending, and 43
unifying all or any part of its valid outstanding bonds. 44
Such refunding bonds may be payable from any of the sources 45
identified in subsection 1 of this section and from the 46
investment of any of the proceeds of the refunding bonds. 47
5. The bonds issued by the governing body of the 48
county or municipality establishing the land bank agency 49
shall be negotiable instruments under chapter 400. 50
6. Bonds issued under this section and all income or 51
interest thereon shall be exempt from all state taxes. 52
7. The governing body of the county or municipality 53
establishing the land bank agency shall have the power to 54
issue temporary notes upon the same terms and subject to all 55
provisions and restrictions applicable to bonds under this 56
section. Such notes issued by the governing body may be 57
refunded by notes or bonds authorized under this section. 58
140.995. Notwithstanding any provision of sections 1
140.980 to 140.995 to the contrary, a land bank agency may 2
rent or lease property held by the land bank agency for any 3
community, noncommercial, or agricultural uses. 4
140.1000. 1. No board member or employee of a land 1
bank agency shall receive any compensation, emolument, or 2
SS SCS SB 1001 36
other profit directly or indirectly from the rental, 3
management, acquisition, sale, demolition, repair, 4
rehabilitation, use, operation, ownership, or disposition of 5
any [lands] property held by such land bank agency other 6
than the salaries, expenses, and emoluments provided for in 7
the chapter 140 land bank act. 8
2. No member of the board or employee of a land bank 9
agency shall own, directly or indirectly, any legal or 10
equitable interest in or to any lands held by such land bank 11
agency other than the salaries, expenses, and emoluments 12
provided for in sections 140.980 to 140.1015. 13
3. A violation of this section is a class D felony. 14
4. The land bank agency may adopt supplemental rules 15
and regulations addressing potential conflicts of interest 16
and ethical guidelines for board members and land bank 17
agency employees, provided that such rules and regulations 18
are not inconsistent with this chapter or any other 19
applicable law. 20
5. Any person who is related to a board member or 21
employee of a land bank agency within the second degree of 22
consanguinity or affinity shall be considered a board member 23
or employee of a land bank agency for purposes of this 24
section and subject to its provisions. 25
140.1009. 1. A land bank agency shall be authorized 1
to file an action to quiet title under section 527.150 [as 2
to] for any real property in which the land bank agency has 3
an interest. For purposes of any and all such actions, the 4
land bank agency shall be deemed to be the holder of 5
sufficient legal and equitable interests, and possessory 6
rights, so as to qualify the land bank agency as an adequate 7
petitioner in such action. 8
SS SCS SB 1001 37
2. Prior to the filing of an action to quiet title, 9
the land bank agency shall conduct an examination of title 10
to determine the identity of any and all persons and 11
entities possessing a claim or interest in or to the real 12
property. Service of the petition to quiet title shall be 13
provided to all such interested parties by the following 14
methods: 15
(1) Registered or certified mail to such identity and 16
address as reasonably ascertainable by an inspection of 17
public records; 18
(2) In the case of occupied real property, by first 19
class mail addressed to "Occupant"; 20
(3) By posting a copy of the notice on the real 21
property; 22
(4) By publication in a newspaper of general 23
circulation in the county or municipality in which the 24
property is located; and 25
(5) Such other methods as the court may order or as 26
may be required by prevailing motions of due process. 27
3. As part of the petition to quiet title, the land 28
bank agency shall file an affidavit identifying all parties 29
potentially having an interest in the real property and the 30
form of notice provided. 31
4. The court shall schedule a hearing on the petition 32
within ninety days following filing of the petition and, as 33
to all matters upon which an answer was not filed by an 34
interested party, the court shall issue its final judgment 35
within one hundred twenty days of the filing of the petition. 36
5. A land bank agency shall be authorized to join in a 37
single petition to quiet title one or more parcels of real 38
property. 39
SS SCS SB 1001 38
140.1012. 1. A land bank agency shall be dissolved as 1
a public body corporate and politic no sooner than sixty 2
calendar days, but no later than one hundred eighty calendar 3
days, after an ordinance or resolution for such dissolution 4
is passed by the county or municipality that established the 5
land bank agency. 6
2. [No less than sixty calendar days' advance written 7
notice of consideration of] If such an ordinance or 8
resolution of dissolution is being considered, no less than 9
sixty calendar days advance written notice shall be given to 10
the land bank agency, shall be published in a local 11
newspaper of general circulation within such county or 12
municipality, and shall be sent certified mail to each 13
trustee of any outstanding bonds of the land bank agency. 14
3. No land bank agency shall be dissolved while there 15
remains any outstanding bonds, notes, or other obligations 16
of the land bank agency unless such bonds, notes, or other 17
obligations are paid or defeased pursuant to the resolution, 18
indenture, or other financing document under which such 19
bonds, notes, or other obligations were issued prior to or 20
simultaneously with such dissolution. Once all outstanding 21
bonds, notes, or other obligations are satisfied, no new 22
property shall be purchased by, gifted to, traded to, or 23
exchanged with the land bank agency. No further debts or 24
other obligations shall be incurred other than that which is 25
necessary to sell or put to public use any remaining 26
property held by the land bank agency. The land bank agency 27
shall be dissolved within thirty days after all outstanding 28
bonds, notes, or other obligations are satisfied. 29
4. Upon dissolution of a land bank agency pursuant to 30
this section, all real property, personal property, and 31
other assets of the land bank agency shall be transferred by 32
SS SCS SB 1001 39
appropriate written instrument to and shall become the 33
assets of the county or municipality that established the 34
land bank agency. Such county or municipality shall act 35
expeditiously to return such real property to the tax rolls 36
and shall market and sell such real property using an open, 37
public method that ensures the best possible prices are 38
realized while ensuring such real property is returned to a 39
suitable, productive use for the betterment of the 40
neighborhood in which such real property is located. Upon 41
the sale or other disposition of any such property by such 42
county or municipality, the proceeds therefrom shall be 43
applied and distributed in the following order: 44
(1) To the payment of the expenses of sale; 45
(2) To the reasonable costs incurred by such county or 46
municipality in maintaining and marketing such property; and 47
(3) The balance shall be paid to the respective taxing 48
authorities that, at the time of the distribution, are 49
taxing the real property from which the proceeds are being 50
distributed. 51
141.220. The following words, terms and definitions, 1
when used in sections 141.210 to 141.810 and sections 2
141.980 to 141.1015, shall have the meanings ascribed to 3
them in this section, except where the text clearly 4
indicates a different meaning: 5
(1) "Ancillary parcel" shall mean a parcel of real 6
estate acquired by a land bank agency other than: 7
(a) Pursuant to a deemed sale under subsection 3 of 8
section 141.560; 9
(b) By deed from a land trust under subsection 1 of 10
section 141.984; or 11
(c) Pursuant to a sale under subdivision (2) of 12
subsection 2 of section 141.550; 13
SS SCS SB 1001 40
(2) "Appraiser" shall mean a state licensed or 14
certified appraiser licensed or certified pursuant to 15
chapter 339 who is not an employee of the collector or 16
collection authority; 17
(3) "Board" or "board of commissioners" shall mean the 18
board of commissioners of a land bank agency; 19
(4) "Collector" shall mean the collector of the 20
revenue in any county affected by sections 141.210 to 21
141.810 and sections 141.980 to 141.1015; 22
(5) "County" shall mean any county in this state; 23
(6) "Court" shall mean the circuit court of any county 24
affected by sections 141.210 to 141.810 and sections 141.980 25
to 141.1015; 26
(7) "Delinquent land tax attorney" shall mean a 27
licensed attorney-at-law, employed or designated by the 28
collector as hereinafter provided; 29
(8) "Interested party", shall mean any person with a 30
legal interest in a parcel of land affected by sections 31
141.210 to 141.810 and sections 141.980 to 141.1015. 32
Interested party shall not include: 33
(a) The holder of the benefit or burden of any 34
easement or right of way; 35
(b) The holder of a benefit or burden of a real 36
covenant; or 37
(c) A leasehold owner of subsurface mineral, gas, or 38
oil rights whose interest is properly recorded and whose 39
interest shall remain unaffected; 40
(9) "Land bank agency", shall mean [an] any agency 41
created under section 141.980; 42
(10) "Land taxes" shall mean taxes on real property or 43
real estate and shall include the taxes both on land and the 44
improvements thereon; 45
SS SCS SB 1001 41
(11) "Land trustees" and "land trust" shall mean the 46
land trustees and land trust as the same are created by and 47
described in section 141.700; 48
(12) "Municipality" shall include any incorporated 49
city or town, or a part thereof, located in whole or in part 50
within a county; 51
(13) "Person" shall mean any individual, firm, 52
copartnership, joint adventure, association, corporation, 53
estate, trust, business trust, receiver or trustee appointed 54
by any state or federal court, trustee otherwise created, 55
syndicate, or any other group or combination acting as a 56
unit, and the plural as well as the singular number; 57
(14) "Political subdivision" shall mean any county, 58
city, town, village, school district, library district, or 59
any other public subdivision or public corporation having 60
the power to tax; 61
(15) "Reserve period taxes" shall mean land taxes 62
assessed against any parcel of real estate sold or otherwise 63
disposed of by a land bank agency for the first three tax 64
years following such sale or disposition; 65
(16) "School district", "road district", "water 66
district", "sewer district", "levee district", "drainage 67
district", "special benefit district", "special assessment 68
district", or "park district" shall include those located 69
within a county as such county is described in this section; 70
(17) "Sheriff" and "circuit clerk" shall mean the 71
sheriff and circuit clerk, respectively, of any county 72
affected by sections 141.210 to 141.810 and sections 141.980 73
to 141.1015; 74
(18) "Tax bill" as used in sections 141.210 to 141.810 75
and sections 141.980 to 141.1015 shall represent real estate 76
SS SCS SB 1001 42
taxes and the lien thereof, whether general or special, 77
levied and assessed by any taxing authority; 78
(19) "Tax district" shall mean the state of Missouri 79
and any county, municipality, school district, road 80
district, water district, sewer district, levee district, 81
drainage district, special benefit district, special 82
assessment district, or park district, located in any 83
municipality or county as herein described; 84
(20) "Tax lien" shall mean the lien of any tax bill as 85
defined in this section; 86
(21) "Taxing authority" shall include any 87
governmental, managing, administering or other lawful 88
authority, now or hereafter empowered by law to issue tax 89
bills, the state of Missouri or any county, municipality, 90
school district, road district, water district, sewer 91
district, levee district, drainage district, special benefit 92
district, special assessment district, or park district, 93
affected by sections 141.210 to 141.810 and sections 141.980 94
to 141.1015. 95
141.230. 1. The land tax collection law shall apply 1
to all counties that have elected to operate under the 2
provisions of sections 141.210 to 141.810 by adoption of a 3
resolution or order of the county commission of such county. 4
2. Alternatively, any county may, by adoption of a 5
resolution or order of the county commission of such county, 6
elect to operate under the provisions of sections 141.210 to 7
141.810 as a partial opt-in county. After adoption of any 8
such resolution or order, the collector for such county may 9
elect to operate under the provisions of sections 141.210 to 10
141.810 for any parcel [or parcels for which there is an 11
unpaid tax bill for a period of at least two years after the 12
date on which it became delinquent]. 13
SS SCS SB 1001 43
3. No county eligible to establish a land bank agency 14
under subsection 1 of section 140.981 shall elect to operate 15
as a partial opt-in county unless having first elected to 16
establish a land bank agency as provided in subsection 1 of 17
section 140.981. 18
4. Any county commission so adopting such resolution 19
or order shall file a certified copy thereof within ten days 20
after the adoption of said resolution or order with the 21
clerk of the county commission and with the collector of 22
revenue for such county, and with the mayor and city 23
collector or chief financial officer of each municipality in 24
such county, as defined by section 141.220. 25
5. After the adoption of such resolution or order by 26
such county commission, each municipality shall cooperate 27
with such county under the provisions of sections 141.210 to 28
141.810. Any such county which shall, in the manner 29
provided herein, have elected to come within the provisions 30
of sections 141.210 to 141.810, in whole or in part, by 31
adoption of such resolution, order or ordinance, may, after 32
a period of one year from the effective date of such 33
resolution, order or ordinance, adopt by similar means a 34
resolution, order or ordinance, rescinding the election to 35
adopt the provisions of the land tax collection law and 36
certified copies of such resolution, order or ordinance 37
shall be filed in the same manner as said original 38
resolution, order or ordinance; provided, that such 39
resolution, order or ordinance rescinding or nullifying the 40
election to adopt the provisions of sections 141.210 to 41
141.810 shall not become effective for one year thereafter 42
nor shall it invalidate or in any way affect any proceedings 43
in rem for foreclosure which may have been instituted under 44
the provisions of sections 141.210 to 141.810, but all such 45
SS SCS SB 1001 44
actions and proceedings so instituted while the provisions 46
of said sections were in full force and effect shall be 47
prosecuted to their conclusion and completion; provided 48
further, that any county which may have operated under 49
sections 141.210 to 141.810 prior to the enactment of this 50
section may hereafter elect to terminate any further 51
operation under sections 141.210 to 141.810 by proceeding in 52
manner and form and to the same effect as though it had 53
originally elected to operate under the provisions of 54
sections 141.210 to 141.810. 55
6. Any municipality located partly within a county 56
electing to operate in whole or in part under the provisions 57
of sections 141.210 to 141.810 shall cooperate with such 58
county under the provisions of sections 141.210 to 141.810; 59
provided, however, that tax bills imposed against real 60
estate located in that part of such municipality outside of 61
the limits of any such county shall be collected under other 62
provisions as may be provided by law. 63
141.250. 1. The respective liens of the tax bills for 1
general taxes of the state of Missouri, the county, any 2
municipality, and any school district, for the same tax 3
year, shall be equal and first liens upon the real estate 4
described in the respective tax bills thereof; provided, 5
however, that the liens of such tax bills for the latest 6
year for which tax bills are unpaid shall take priority over 7
the liens of tax bills levied and assessed for less recent 8
years, and the lien of such tax bills shall rate in priority 9
in the order of the years for which the tax bills are 10
delinquent, the lien of the tax bill longest delinquent 11
being junior in priority to the lien of the tax bill for the 12
next most recent tax year. 13
SS SCS SB 1001 45
2. All tax bills for other than general taxes shall 14
constitute liens junior to the liens for general taxes upon 15
the real estate described therein; provided, however, that a 16
tax bill for other than general taxes, of the more recent 17
issue shall likewise be senior to any such tax bill of less 18
recent date. 19
3. The proceeds derived from the sale of any lands 20
encumbered with a tax lien or liens shall be distributed to 21
the owners of such liens in the order of the seniority of 22
the liens. Those holding liens of equal rank shall share in 23
direct proportion to the amounts of their respective liens. 24
141.270. 1. On or before the fifth day of January in 1
each year, all taxing authorities and any other tax bill 2
owner shall file a list with the collector [a list] on a 3
form approved by the collector of all parcels of real estate 4
affected by tax liens held and owned by such taxing 5
authority or person which have been delinquent for two years 6
or more. Such list shall also include all delinquent tax 7
bills for any and all years. 8
2. The taxing authority or person filing such list 9
shall pay to the collector a filing fee of one dollar and 10
fifty cents for each parcel of real estate described 11
therein, which fee shall be charged against each parcel and 12
collected and accounted for by the collector as other costs. 13
3. No school district nor any other taxing authority 14
whose taxes are required by law to be collected by the 15
collector shall file any list nor pay the filing fee herein 16
provided. 17
4. If the taxes of any taxing authority are two or 18
more years delinquent, the other taxing authorities and 19
other tax bill owners shall include in the said list all 20
SS SCS SB 1001 46
tax liens against the said parcel, even though the taxes are 21
not two years delinquent. 22
141.290. 1. The collector shall compile lists of all 1
state, county, school, and other tax bills collectible by 2
the collector that are delinquent according to the 3
collector's records, and the collector shall combine such 4
lists with the list filed by any taxing authority or tax 5
bill owner. 6
2. For partial opt-in counties, the collector shall 7
decide which tax delinquent parcels shall proceed according 8
to the provisions contained [herein] in this chapter. The 9
remaining parcels shall proceed under such other provisions 10
as may be provided by law. 11
3. The collector shall assign a serial number to each 12
parcel of real estate in each list and if suit has been 13
filed in the circuit court of the county on any delinquent 14
tax bill included in any list, the collector shall give the 15
court docket number of such suit and some appropriate 16
designation of the place where such suit is pending, and 17
such pending suit so listed in any petition filed pursuant 18
to the provisions of sections 141.210 to 141.810 and 19
sections 141.980 to 141.1015 shall, without further 20
procedure or court order, be deemed to be consolidated with 21
the suit brought under sections 141.210 to 141.810 and 22
sections 141.980 to 141.1015, and such pending suit shall 23
thereupon be abated. 24
4. The collector shall deliver such combined lists to 25
the delinquent land tax attorney from time to time but not 26
later than April first of each year. 27
5. The delinquent land tax attorney shall incorporate 28
such lists in petitions in the form prescribed in section 29
SS SCS SB 1001 47
141.410, and shall file such petitions with the circuit 30
clerk not later than June first of each year. 31
141.300. 1. The collector shall receipt for the 1
aggregate amount of such delinquent tax bills appearing on 2
the list or lists filed with the collector under the 3
provisions of section 141.290, which receipt shall be held 4
by the owner or holder of the tax bills or by the treasurer 5
or other corresponding financial officer of the taxing 6
authority [so] filing such list with the collector. 7
2. The collector shall, on or before the fifth day of 8
each month, file with the owner or holder of any tax bill or 9
with the treasurer or other corresponding financial officer 10
of any taxing authority, a detailed statement, verified by 11
affidavit, of all taxes collected by the collector during 12
the preceding month which appear on the list or lists 13
received by the collector, and shall, on or before the 14
fifteenth day of the month, pay the same, less the 15
collector's commissions and costs payable to the county, to 16
the tax bill owner or holder or to the treasurer or other 17
corresponding financial officer of any taxing authority; 18
provided, however, that the collector shall be given credit 19
for the full amount of any tax bill where title to the real 20
estate described in such tax bill is taken by a land trust, 21
or which is bid on by a land bank agency and where title to 22
the real estate described in such tax bill is taken by such 23
land bank agency pursuant to a deemed sale under subsection 24
3 of section 141.560, or which is included in the bid of a 25
land bank agency and where title to the real estate 26
described in such tax bill is taken by such land bank agency 27
pursuant to a sale under subdivision (2) of subsection 2 of 28
section 141.550. 29
SS SCS SB 1001 48
141.320. 1. The collector shall, at the collector's 1
option, appoint a delinquent land tax attorney, to be 2
compensated as necessary for the performance of the 3
collector's duties under this chapter, or in counties having 4
a county counselor, the collector shall, at the collector's 5
option, designate the county counselor and such of the 6
counselor's assistants as shall appear necessary to act as 7
the delinquent land tax attorney. 8
2. A delinquent land tax attorney who is not the 9
county counselor, with the approval of the collector, may 10
appoint one or more assistant delinquent land tax attorneys 11
and such clerical employees as may be necessary, to be 12
compensated as necessary for the performance of duties under 13
this chapter; and the appointed delinquent tax attorney may 14
incur such reasonable expenses as are necessary for the 15
performance of the attorney's duties. 16
3. The delinquent land tax attorney and the attorney's 17
assistants shall perform legal services for the collector 18
and shall act as attorney for the collector in the 19
prosecution of all suits brought for the collection of land 20
taxes; but the attorney and the collector shall not perform 21
legal services for the land trust or any land bank agency. 22
4. Salaries and expenses of a delinquent land tax 23
attorney who is not also the county counselor, the 24
attorney's assistants, and the attorney's employees shall be 25
paid monthly out of the treasury of the county from the same 26
funds as employees of the collector whenever the funds 27
provided for by sections 141.150, 141.270, and 141.620 are 28
not sufficient for such purpose. 29
5. The compensation herein provided shall be the total 30
compensation for a delinquent land tax attorney who is not 31
SS SCS SB 1001 49
also a county counselor, and the attorney's assistants and 32
employees. 33
6. A delinquent land tax attorney who is not also the 34
county counselor shall make a return quarterly to the county 35
commission of such county of all compensation received by 36
the attorney, and of all amounts owing to the attorney by 37
the collector, and of all salaries and expenses of any 38
assistants and employees, stating the same in detail, and 39
verifying such amounts by affidavit. 40
7. The attorney's fees shall be taxed as costs in the 41
suit and collected as other costs. 42
141.330. The collector [annually] may appoint one 1
delinquent land tax clerk in each office lawfully maintained 2
by the collector in the county, to be compensated as 3
necessary for the performance of the clerk's duties under 4
this chapter. 5
141.360. All suits for the foreclosure of tax liens 1
brought by the collector shall name the collector only by 2
the title of the collector's office, and all such suits 3
shall be brought directly against the real estate subject to 4
the tax lien or liens to be foreclosed. 5
141.410. 1. A suit for the foreclosure of the tax 1
liens herein provided for shall be instituted by filing in 2
the appropriate office of the circuit clerk a petition[, 3
which]. Such petition shall contain a caption, a copy of 4
the list so furnished to the delinquent land tax attorney by 5
the collector, and a prayer. The petition shall name each 6
person with a legal interest in the parcel of land affected 7
by the suit, as reasonably discoverable to the collector 8
from publicly available records. Such petition without 9
further allegation shall be deemed to be sufficient. 10
2. The caption shall be in the following form: 11
SS SCS SB 1001 50
3. The petition shall contain at least the following 22
information: 23
(1) The identity of the petitioner and the name and 24
address of the collector; 25
(2) The parcel's common street address; 26
(3) A full legal description for the parcel; 27
(4) The tax identification number of the parcel; 28
(5) The period of tax delinquency; and 29
(6) The principal amount of delinquent taxes, together 30
with interest, penalties, and fees. 31
4. The petition shall conclude with a prayer that all 32
tax liens upon such real estate be foreclosed; that the 33
court determine the amounts and priorities of all tax bills, 34
together with interest, penalties, costs, and attorney's 35
fees; that the court order such real estate to be sold by 36
the sheriff at public sale as provided by sections 141.210 37
to 141.810 and sections 141.980 to 141.1015 and that 38
12 In the Circuit Court of ______ County, Missouri,
13 In the Matter of
14 Foreclosure of Liens for Delinquent Land Taxes
15 By Action in Rem.
16 Collector of Revenue of ______ County, Missouri,
17 Plaintiff
18 -vs.-
19
20
Parcels of Land Encumbered with Delinquent Tax
Liens

21 Defendants
SS SCS SB 1001 51
thereafter a report of such sale be made by the sheriff to 39
the court for further proceedings under sections 141.210 to 40
141.810 and sections 141.980 to 141.1015. 41
5. The delinquent land tax attorney within ten days 42
after the filing of any such petition shall forward by 43
United States registered mail to each person or taxing 44
authority having filed a list of delinquent tax bills with 45
the collector as provided by sections 141.210 to 141.810 and 46
sections 141.980 to 141.1015 a notice of the time and place 47
of the filing of such petition and of the newspaper in which 48
the notice of publication has been or will be published. 49
6. The petition when so filed shall have the same 50
force and effect with respect to each parcel of real estate 51
therein described, as a separate suit instituted to 52
foreclose the tax lien or liens against any one of said 53
parcels of real estate. 54
141.440. 1. Within thirty days after the filing of 1
such petition, the collector shall [also] cause to be 2
prepared and sent by restricted, registered or certified 3
mail with postage prepaid, [within thirty days after the 4
filing of such petition,] a notice of the petition, to the 5
persons named in the petition as being the last known 6
persons in whose names tax bills affecting the respective 7
parcels of real estate described in said petition were last 8
billed or charged on the books of the collector, or the last 9
known owner of record, if different, and to the addresses of 10
said persons upon said records of the collector. The terms 11
"restricted", "registered" or "certified mail" as used in 12
this section mean mail which carries on the face thereof in 13
a conspicuous place, where it will not be obliterated, the 14
endorsement "DELIVER TO ADDRESSEE ONLY", and which also 15
requires a return receipt or a statement by the postal 16
SS SCS SB 1001 52
authorities that the addressee refused to receive and 17
receipt for such mail. If the notice is returned to the 18
collector by the postal authorities as undeliverable for 19
reasons other than the refusal by the addressee to receive 20
and receipt for the notice as shown by the return receipt, 21
then the collector shall make a search of the records 22
maintained by the county, including those kept by the 23
recorder of deeds, to discern the name and address of any 24
person who, from such records, appears as a successor to the 25
person to whom the original notice was addressed, and to 26
cause another notice to be mailed to such person. The 27
collector shall prepare and file with the circuit clerk at 28
least thirty days before judgment is entered by the court on 29
the petition an affidavit reciting to the court any name, 30
address and serial number of the tract of real estate 31
affected by any such notices of suit that are undeliverable 32
because of an addressee's refusal to receive and receipt for 33
the same, or of any notice otherwise nondeliverable by mail, 34
or in the event that any name or address does not appear on 35
the records of the collector, then of that fact. The 36
affidavit in addition to the recitals set forth above shall 37
also state reason for the nondelivery of such notice. 38
2. The collector shall prepare and send, by first- 39
class mail, a copy of the petition within thirty days after 40
the filing of such a petition to the occupant of such parcel 41
or property. 42
141.500. 1. After the trial of the issues, the court 1
shall, as promptly as circumstances permit, render 2
judgment. If the court finds that no tax bill upon the land 3
collectible by the collector or the relator was delinquent 4
when the suit was instituted or tried, then the judgment of 5
the court shall be that the cause be dismissed as to the 6
SS SCS SB 1001 53
parcels of real estate described in the tax bill[; or,]. If 7
the evidence warrant, the judgment may be for the principal 8
amount of the delinquent tax bills upon the real estate upon 9
which suit was brought, together with interest, penalties, 10
attorney's and appraiser's fees and costs computed as of the 11
date of the judgment. The judgment may recite the amount of 12
each tax bill, the date when it began to bear interest, and 13
the rate of such interest, together with the rate and amount 14
of penalties, attorney's and appraiser's fees not to exceed 15
fifteen dollars. It may decree that the lien upon the 16
parcels of real estate described in the tax bill be 17
foreclosed and such real estate sold by the sheriff, and the 18
cause shall be continued for further proceedings, as herein 19
provided. 20
2. The collector shall cause to be prepared and sent 21
by restricted, registered or certified mail with postage 22
prepaid, within thirty days after the rendering of such 23
judgment, a brief notice of such judgment and the 24
availability of a written redemption contract pursuant to 25
section 141.530 to the persons named in the judgment as 26
being the last known persons in whose names tax bills 27
affecting the respective parcels of real estate described in 28
such judgment were last billed or charged on the books of 29
the collector, or the last known owner of record, if 30
different, and to the addresses of such persons upon the 31
records of the collector. The terms "restricted", 32
"registered" or "certified mail" as used in this section 33
mean mail which carries on the face thereof in a conspicuous 34
place, where it will not be obliterated, the endorsement, 35
"DELIVER TO ADDRESSEE ONLY", and which also requires a 36
return receipt or a statement by the postal authorities that 37
the addressee refused to receive and receipt for such mail. 38
SS SCS SB 1001 54
If the notice is returned to the collector by the postal 39
authorities as undeliverable for reasons other than the 40
refusal by the addressee to receive and receipt for the 41
notice as shown by the return receipt, then the collector 42
shall make a search of the records maintained by the county, 43
including those kept by the recorder of deeds, to discern 44
the name and address of any person who, from such records, 45
appears as a successor to the person to whom the original 46
notice was addressed, and to cause another notice to be 47
mailed to such person. The collector shall prepare and file 48
with the circuit clerk prior to confirmation hearings an 49
affidavit reciting to the court any name, address and serial 50
number of the tract of real estate affected of any such 51
notices of judgment that are undeliverable because of an 52
addressee's refusal to receive and receipt for the same, or 53
of any notice otherwise nondeliverable by mail, or in the 54
event that any name or address does not appear on the 55
records of the collector, then of that fact. The affidavit 56
in addition to the recitals set forth above shall also state 57
reason for the nondelivery of such notice. 58
3. The collector shall prepare and send to the 59
occupant of such parcel or property, by first-class mail, a 60
copy of the judgment of foreclosure within thirty days after 61
the date of such judgment. 62
141.520. 1. After the judgment of foreclosure has 1
been entered, or, after a motion for a new trial has been 2
overruled, or, if an appeal be taken from such judgment and 3
the judgment has been affirmed, after the sheriff shall have 4
been notified by any party to the suit that such judgment 5
has been affirmed on appeal and that the mandate of the 6
appellate court is on file with the circuit clerk, there 7
SS SCS SB 1001 55
shall be a waiting period of six months before any 8
advertisement of sheriff's sale shall be published. 9
2. If any such parcel of real estate [be] is not 10
redeemed, or if no written contract providing for redemption 11
[be] is made within six months after the date of the 12
judgment of foreclosure, if no motion for rehearing [be] is 13
filed, and, if filed, within six months after such motion 14
may have been overruled, or, if an appeal [be] is taken from 15
such judgment and the judgment [be] is affirmed, within six 16
months after the sheriff shall have been notified by any 17
party to the suit that such judgment has been affirmed on 18
appeal and that the mandate of the appellate court is on 19
file with the circuit clerk, the sheriff shall commence to 20
advertise the real estate described in the judgment and 21
shall fix the date of sale within thirty days after the date 22
of the first publication of the notice of sheriff's sale as 23
herein provided, and shall at such sale proceed to sell the 24
real estate. 25
3. Any provisions of this chapter to the contrary 26
notwithstanding, the owner of any parcel of real property 27
against which a judgment has been rendered shall not have 28
the right to redeem such property from said judgment if at 29
the time of judgment such property is assessed as 30
residential property and the judgment finds the property has 31
been vacant for a period of not less than six months prior 32
to the judgment. After a judgment as provided for in this 33
section becomes final, the waiting period shall not apply to 34
such judgment and a sale under execution of the judgment 35
shall be immediately held as provided under the applicable 36
provisions of this chapter. 37
4. In partial opt-in counties, no later than one 38
hundred twenty days prior to the sheriff's sale, the 39
SS SCS SB 1001 56
collector shall obtain from a licensed title company or 40
attorney a title search that includes all conveyances, 41
liens, and charges against the real estate involved in the 42
suit for any parcel of real estate against which the 43
collector has obtained a judgment under section 141.500 and 44
for which it has been decreed that the lien upon the parcel 45
of real estate described in the tax bill be foreclosed and 46
such real estate sold by the sheriff. The charge of such 47
title search may be recovered from the proceeds of the sale 48
under section 141.580. 49
5. After obtaining or conducting a title search, the 50
collector shall initiate a search of the following records 51
to identify and locate interested parties and addresses 52
reasonably calculated to apprise interested parties of the 53
suit: 54
(1) Land title records in the office of the county 55
recorder of deeds; 56
(2) Tax records in the office of the local treasurer; 57
(3) Tax records in the office of the local assessor; 58
(4) A search of court records in Missouri CaseNet; and 59
(5) For a business entity, records filed with the 60
secretary of state. 61
The collector may also incur reasonable costs for web-based 62
investigatory searches to supplement the search for 63
interested parties and addresses. The reasonable cost of 64
locating interested parties and addresses for notice may be 65
recovered from the proceeds of the sale under section 66
141.580. 67
6. No later than thirty days prior to the sheriff's 68
sale, the collector shall send notice of the sale to all 69
interested parties at the address most likely to apprise 70
SS SCS SB 1001 57
interested parties of the sale. The notice shall provide 71
the date, time, and place of the sale and shall also state 72
that the parcel may be redeemed prior to the sale as 73
specified in sections 141.420 and 141.530. The notice 74
required by this subsection shall be mailed first class, 75
postage prepaid. The cost of notice under this subsection 76
may be recovered from the proceeds of the sale under section 77
141.580. 78
7. No later than twenty days prior to the sheriff's 79
sale, the sheriff shall enter upon the parcel subject to 80
foreclosure of these tax liens and post a written 81
informational notice in a conspicuous location, attached to 82
a structure, and intended to be visible by the nearest 83
public right-of-way. This notice shall describe the parcel 84
and advise that it is the subject of delinquent land tax 85
collection proceedings brought under sections 141.210 to 86
141.810 and sections 141.980 to 141.1015 and that it may be 87
sold for the payment of delinquent taxes at a sale to be 88
held at a certain time, date, and place and shall also 89
contain the tax identification number and the phone number 90
and address of the collector as well as a prohibition 91
against removal unless the parcel has been redeemed. The 92
notice shall be not less than eight inches by ten inches and 93
shall be laminated or otherwise sufficiently weatherproof to 94
withstand normal exposure to rain, snow, and other 95
conditions. The sheriff shall document, by time-stamped 96
photograph, compliance with this section, make such 97
documentation generally available upon request, and provide 98
verification by affidavit of compliance with this section. 99
The cost of notice under this subsection may be recovered 100
from the proceeds of the sale under section 141.580. 101
SS SCS SB 1001 58
8. In addition to the other notice requirements of 102
this section, no later than twenty days prior to the 103
sheriff's sale, the sheriff shall attempt in-person notice 104
that shall describe the parcel and advise that it is the 105
subject of delinquent land tax collection proceedings 106
brought under sections 141.210 to 141.810 and sections 107
141.980 to 141.1015; that shall state that it may be sold 108
for the payment of delinquent taxes at a sale to be held at 109
a certain time, date, and place; and that shall also contain 110
the tax identification number and the phone number and 111
address of the collector. In-person notice may be provided 112
to any person found at the parcel. The sheriff shall note 113
the date and time of attempted notice and the name, 114
description, or other identifying information regarding the 115
person to whom notice was attempted. The sheriff shall 116
document compliance with this section, make such 117
documentation generally available upon request, and provide 118
verification by affidavit of compliance with this section. 119
The cost of notice under this subsection may be recovered 120
from the proceeds of the sale under section 141.580. 121
141.535. 1. If a parcel is the subject of an action 1
filed under sections 447.620 to 447.640, the court shall 2
stay the sale of any tax parcel to be sold under execution 3
of a tax foreclosure judgment obtained under this chapter, 4
provided that the party which has brought such an action has 5
paid into the circuit court the principal amount of all 6
[land] delinquent taxes then due and owing under the tax 7
foreclosure judgment, exclusive of penalties, interest, 8
attorney fees, and court costs, prior to the date of any 9
proposed sale under execution. The party bringing such 10
action shall provide written notice of the filing of the 11
action to the court administrator and file with the circuit 12
SS SCS SB 1001 59
court in which the action is pending a certificate that such 13
notice has been provided to the court administrator. If the 14
party that brought the action under sections 447.620 to 15
447.640 dismisses its action prior to gaining temporary 16
possession of the property, it shall recover any amounts 17
paid into the circuit court under this subsection. 18
2. In any order granting a sheriff's deed under 19
section 447.625 or a judicial deed under section 447.640, 20
the court shall also order the permanent extinguishment of 21
liability against the grantee and the grantee's successors 22
in interest for penalties, interest, attorney fees, and 23
court costs arising from actions to collect delinquent land 24
taxes due on the subject property. The funds paid into the 25
court for land taxes under subsection 1 of this section 26
shall then be paid to the county collector. 27
3. If an owner of such a property moves the court for 28
restoration of possession of the subject property under 29
section 447.638, the owner shall pay into the circuit court 30
all land tax amounts currently due and owing on the 31
property, including all statutory penalties, interest, 32
attorney fees, and court costs retroactive to the date of 33
accrual, and in the event that an owner of the tax parcel 34
regains possession under section 447.638, funds deposited by 35
the owner under this subsection shall be paid to the county 36
collector, and funds paid into the court by a party under 37
subsection 1 of this section shall be paid out in full to 38
the payer. 39
141.540. 1. In any county at a certain front door of 1
whose courthouse sales of real estate are customarily made 2
by the sheriff under execution, the sheriff shall advertise 3
for sale and sell the respective parcels of real estate 4
ordered sold by the sheriff pursuant to any judgment of 5
SS SCS SB 1001 60
foreclosure by any court pursuant to sections 141.210 to 6
141.810 and 141.980 to 141.1015 at any of such courthouses[, 7
but]. The sale of such parcels of real estate shall be held 8
at the same front door as sales of real estate are 9
customarily made by the sheriff under execution. 10
2. Such advertisements may include more than one 11
parcel of real estate, and shall be in substantially the 12
following form: 13
14 NOTICE OF SHERIFF'S
15 SALE UNDER JUDGMENT OF
16 FORECLOSURE OF LIENS FOR
17 DELINQUENT LAND TAXES
18 No. ______
19
20
In the Circuit Court of ______ County,
Missouri.

21
22
In the Matter of Foreclosure of Liens for
Delinquent Land Taxes

23
24
Collector of Revenue of ______ County,
Missouri, Plaintiff,

25 vs.
26
27
Parcels of Land encumbered with Delinquent Tax
Liens, Defendants.

28
29
30
31
32
33
34
WHEREAS, judgment has been rendered against
parcels of real estate for taxes, interest,
penalties, attorney's fees and costs with the
serial numbers of each parcel of real estate,
the description thereof, the name of the person
appearing in the petition in the suit, and the
total amount of the judgment against each such

SS SCS SB 1001 61
35
36
37
38
39
40
41
parcel for taxes, interest, penalties,
attorney's fees and costs, all as set out in
said judgment and described in each case,
respectively, as follows: (Here set out the
respective serial numbers, descriptions, names
and total amounts of each judgment, next above
referred to.) and,
42
43
44
45
WHEREAS, such judgment orders such real estate
sold by the undersigned sheriff, to satisfy the
total amount of such judgment, including
interest, penalties, attorney's fees and costs,

46 NOW, THEREFORE,
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Public Notice is hereby given that I ______,
Sheriff of ______ County, Missouri, will sell
such real estate, parcel by parcel, at public
auction, to the highest bidder, for cash,
between the hours of nine o'clock A.M. and five
o'clock P.M., at the ______ front door of the
______ County Courthouse in ______, Missouri,
on ______, the ______ day of ______, 20______,
and continuing from day to day thereafter, to
satisfy the judgment as to each respective
parcel of real estate sold. If no acceptable
bids are received as to any parcel of real
estate, said parcel shall be sold to the Land
Trust of ______ (insert name of County),
Missouri or Land Bank of the City of ______
(insert name of municipality), Missouri.

63
64
Any bid received shall be subject to
confirmation by the court.

65 __________________
66
67
Sheriff of _____ County,
Missouri

68 __________________
SS SCS SB 1001 62
3. Such advertisement shall be published four times, 73
once a week, upon the same day of each week during 74
successive weeks prior to the date of such sale, in a daily 75
newspaper of general circulation regularly published in the 76
county, qualified according to law for the publication of 77
public notices and advertisements. 78
141.550. 1. The sale shall be conducted, the 1
sheriff's return thereof made, and the sheriff's deed 2
pursuant to the sale executed, all as provided in the case 3
of sales of real estate taken under execution, except as 4
otherwise provided in sections 141.210 to 141.810 and 5
sections 141.980 to 141.1015, and provided that such sale 6
need not occur during the term of court or while the court 7
is in session. 8
2. The following provisions shall apply to any sale 9
pursuant to this section: 10
(1) The sale shall be held on the day for which it is 11
advertised, between the hours of nine o'clock a.m. and five 12
o'clock p.m. and continued day to day thereafter to satisfy 13
the judgment as to each respective parcel of real estate 14
sold. For partial opt-in counties, the sale shall be held 15
on the fourth Monday in August of each year between the 16
hours of nine o'clock a.m. and five o'clock p.m. and 17
continued day to day thereafter to satisfy the judgment as 18
to each respective parcel of real estate sold; 19
69
70
Delinquent Land Tax
Attorney

71 Address: ______
72 First Publication ______, 20______
SS SCS SB 1001 63
(2) The sale shall be conducted publicly, by auction, 20
for ready money. The parcel shall be sold to the highest 21
bidder, provided that the highest bid is equal to or greater 22
than the full amount of all tax bills due and owing on the 23
parcel, which may differ from the judgment amount; plus 24
interest; penalties; attorney's fees and costs; and a 25
nonreimbursable, two-hundred-dollar bidder fee. Such bidder 26
fee shall be paid to the land trust or land bank agency for 27
the municipality or county in which the parcel is situated. 28
The bid amount shall not include any amounts for debts owed 29
to any sewer district then due thereon; 30
(3) No person shall be eligible to bid at the time of 31
the sale unless such person has, no later than ten days 32
before the sale date, demonstrated to the satisfaction of 33
the official charged by law with conducting the sale that he 34
or she is not the owner of any parcel of real estate in the 35
county which is affected by a tax bill which has been 36
delinquent for more than six months. A prospective bidder 37
may make such a demonstration by presenting statements from 38
the appropriate collection officials of the county. The 39
official charged with conducting the sale may require 40
prospective bidders to submit an affidavit attesting to the 41
requirements of this subdivision and is expressly authorized 42
to permanently preclude any prospective bidder from 43
participating in the sale for failure to comply with the 44
provisions of this subdivision; and 45
(4) No foreign or domestic corporation or limited 46
liability company that has failed to appoint or maintain a 47
registered agent under chapter 347 or 351 shall be eligible 48
to bid at the time of the sale. No foreign corporate entity 49
shall be eligible to bid at the time of the sale unless it 50
has a certificate of authority to transact business in 51
SS SCS SB 1001 64
Missouri under section 351.572. The official charged with 52
conducting the sale may require prospective bidders to 53
submit an affidavit attesting to the requirements of this 54
subdivision and is expressly authorized to permanently 55
preclude any prospective bidder from participating in the 56
sale for failure to comply with the provisions of this 57
subdivision. 58
3. The following provisions shall apply to any sale 59
under this section of property located within any 60
municipality contained wholly or partially within a county 61
with a population of over six hundred thousand inhabitants 62
and fewer than nine hundred thousand inhabitants: 63
(1) No person shall be eligible to bid at the time of 64
the sale unless such person has, no later than ten days 65
before the sale date, demonstrated to the satisfaction of 66
the official charged by law with conducting the sale that 67
the person is not the owner of any parcel of real property 68
with two or more violations of the municipality's building 69
or housing codes. A prospective bidder may make such a 70
demonstration by presenting statements from the appropriate 71
code enforcement officials of the municipality; and 72
(2) Notwithstanding the provisions of subdivision (1) 73
of this subsection, any taxing authority or land bank agency 74
shall be eligible to bid at the sale without making the 75
demonstration described in subdivision (1) of this 76
subsection. 77
4. Such sale shall convey the whole interest of every 78
person having or claiming any right, title or interest in or 79
lien upon such real estate, whether such person has answered 80
or not, subject to rights-of-way thereon of public utilities 81
upon which tax has been otherwise paid, and subject to the 82
lien thereon, if any, of the United States of America. 83
SS SCS SB 1001 65
5. The collector shall advance the sums necessary to 84
pay for the publication of all advertisements required by 85
sections 141.210 to 141.810 and sections 141.980 to 141.1015 86
and shall be allowed credit therefor in the collector's 87
accounts with the county. The collector shall give credit 88
in such accounts for all such advances recovered by the 89
collector. Such expenses of publication shall be 90
apportioned pro rata among and taxed as costs against the 91
respective parcels of real estate described in the judgment; 92
provided, however, that none of the costs herein enumerated, 93
including the costs of publication, shall constitute any 94
lien upon the real estate after such sale. 95
141.560. 1. If, when the sheriff offers the 1
respective parcels of real estate for sale, there [be] are 2
no bidders for any parcel, or there [be] is insufficient 3
time or opportunity to sell all of the parcels of real 4
estate so advertised, the sheriff shall adjourn such sale 5
from day to day at the same place and commencing at the same 6
hour as when first offered and shall announce that such real 7
estate will be offered or reoffered for sale at such time 8
and place. 9
2. With respect to any parcel of real estate not 10
located wholly within a county or municipality that has 11
established a land bank agency under section 140.981 or 12
141.980, in the event no bid equal to the full amount of all 13
tax bills due and owing on the parcel, which may differ 14
from the judgment amount; plus interest; penalties; 15
attorney's fees and costs; and a nonreimbursable, two- 16
hundred-dollar bidder fee that shall be received at such 17
sale after any parcel of real estate has been offered for 18
sale on three different days, which need not be successive, 19
the land trust shall be deemed to have bid the full amount 20
SS SCS SB 1001 66
of all tax bills included in the judgment, interest, 21
penalties, attorney's fees and costs then due, and if no 22
other bid be then received by the sheriff in excess of the 23
bid of the land trust, and the sheriff shall so announce at 24
the sale, then the bid of the land trust shall be announced 25
as accepted. The sheriff shall report any such bid or bids 26
so made by the land trust in the same way as the sheriff's 27
report of other bids is made. Upon confirmation by the 28
court of such bid at such sale by such land trust, the 29
collector shall mark the tax bills so bid by the land trust 30
as "cancelled by sale to the land trust" and shall take 31
credit for the full amount of such tax bills, including 32
principal amount, interest, penalties, attorney's fees, and 33
costs, on the collector's books and in the collector's 34
statements with any other taxing authorities. 35
3. With respect to any parcel of real estate located 36
wholly within a county or municipality that has established 37
a land bank agency under section 140.981 or 141.980, in the 38
event no bid equal to the full amount of all tax bills due 39
and owing on the parcel, which may differ from the judgment 40
amount; plus interest; penalties; attorney's fees and costs; 41
and a nonreimbursable, two-hundred-dollar bidder fee that 42
shall be received at such sale after such parcel of real 43
estate has been offered for sale on three different days, 44
which need not be successive, the land bank agency 45
established under section 140.981 or 141.980 shall be deemed 46
to have bid the full amount of all tax bills included in the 47
judgment, interest, penalties, attorney's fees and costs 48
then due, and the sheriff shall so announce at the sale, 49
then the bid of the land bank agency shall be announced as 50
accepted. The sheriff shall report any such bid or bids so 51
made by such land bank agency in the same way as the 52
SS SCS SB 1001 67
sheriff's report of other bids is made. Upon confirmation 53
by the court of such bid at such sale by such land bank 54
agency, the collector shall mark the tax bills so bid by 55
such land bank agency as "cancelled by sale to the land 56
bank" and shall take credit for the full amount of such tax 57
bills, including principal amount, interest, penalties, 58
attorney's fees, and costs, on the collector's books and in 59
the collector's statements with any other taxing authorities. 60
141.570. The title to any real estate which shall vest 1
in any purchaser[,] upon confirmation of such sale by the 2
court, or in any land bank agency or land trust, shall be an 3
absolute estate in fee simple, subject to rights-of-way 4
thereon of public utilities on which tax has been otherwise 5
paid, and subject to any lien thereon of the United States 6
of America, if any, and all persons and interested parties, 7
including the state of Missouri, any taxing authority or tax 8
district, as defined herein, judgment creditors, 9
lienholders, infants, incapacitated and disabled persons as 10
defined in chapter 475, and nonresidents who may have had 11
any right, title, interest, claim, or equity of redemption 12
in or to, or lien upon, such lands, shall be barred and 13
forever foreclosed of all such right, title, interest, 14
claim, lien or equity of redemption, and the court shall 15
order immediate possession of such real estate be given to 16
such purchaser; provided, however, that such title shall 17
also be subject to the liens of any tax bills which may have 18
attached after the sheriff's sale, but if such parcel of 19
real estate is deemed sold to the land trust pursuant to 20
subsection 2 of section 141.560, or deemed sold to a land 21
bank agency pursuant to subsection 3 of section 141.560, or 22
sold to a land bank agency pursuant to subdivision (2) of 23
subsection 2 of section 141.550, the title thereto shall be 24
SS SCS SB 1001 68
free of any such liens to the extent of the interest of any 25
taxing authority in such real estate; provided further, that 26
the lien of special tax bills shall attach to the proceeds 27
of the sheriff's sale, if any, or shall otherwise be forever 28
barred and foreclosed. 29
141.580. 1. Within six months after the sheriff sells 1
any parcel of real estate, the court shall, upon its own 2
motion or upon motion of any interested party, set the cause 3
[down] for hearing to confirm or set aside the foreclosure 4
sale thereof, even though such parcels are not all of the 5
parcels of real estate described in the notice of sheriff's 6
foreclosure sale. Notice of the hearing, or of the court 7
moving to confirm the foreclosure sale, shall be sent by any 8
interested party to each person who was sent notice of the 9
sale and to any interested parties as required by prevailing 10
notions of due process. At the time of such hearing, the 11
sheriff shall make report of the sale, and the court shall 12
hear evidence of the value of the property offered on behalf 13
of any interested party to the suit, and shall forthwith 14
determine whether an adequate consideration has been paid 15
for each such parcel. The court's judgment shall include a 16
specific finding that adequate notice was provided to all 17
interested parties under prevailing notions of due process 18
and sections 141.210 to 141.810 and sections 141.980 to 19
141.1015, reciting the notice efforts of the collector, 20
sheriff, and tax sale purchaser. Nothing in this section 21
shall be interpreted to preclude a successful tax sale 22
purchaser from asserting a claim to quiet title to the bid- 23
upon parcel under section 527.150. 24
2. For this purpose the court shall have power to 25
summon any city or county official or any private person to 26
testify as to the reasonable value of the property, and if 27
SS SCS SB 1001 69
the court finds that adequate consideration has been paid, 28
the court shall confirm the sale and order the sheriff to 29
issue a deed to the purchaser. If the court finds that the 30
consideration paid is inadequate, the court shall confirm 31
the sale if the purchaser increases the purchaser's bid to 32
such amount as the court deems to be adequate and makes such 33
additional payment, or if all tax bills included in the 34
judgment, interest, penalties, attorney's fees and costs 35
then due thereon are not paid in full by one or more 36
interested parties to the suit. If the court finds that the 37
consideration is inadequate, but the purchaser declines to 38
increase the purchaser's bid to such amount as the court 39
deems adequate and make such additional payment, then the 40
sale shall be disapproved if all tax bills included in the 41
judgment, interest, penalties, attorney's fees and costs 42
then due thereon are paid in full by one or more interested 43
parties to the suit, the lien of the judgment continued, and 44
such parcel of real estate shall be again advertised and 45
offered for sale by the sheriff to the highest bidder at 46
public auction for cash at any subsequent sheriff's 47
foreclosure sale. Unless the court requires evidence of the 48
value of the property conveyed to land trust or a land bank 49
agency, none shall be required, and the amount bid by the 50
land trust or such land bank agency shall be deemed adequate 51
consideration. 52
3. If the sale is confirmed, the court shall order the 53
proceeds [of] from the sale applied in the following order: 54
(1) To the payment of the costs of the publication of 55
the notice of foreclosure and of the sheriff's foreclosure 56
sale; 57
SS SCS SB 1001 70
(2) To the payment of all of the collector's and 58
sheriff's costs including appraiser's fee and attorney's 59
fees; 60
(3) To the payment of all tax bills adjudged to be due 61
in the order of their priority, including principal, 62
interest and penalties thereon, except in the event of a 63
sale to any land bank agency, for which this subdivision 64
shall not apply. 65
If, after such payment, there is any sum remaining of the 66
proceeds of the sheriff's foreclosure sale, the court shall 67
thereupon try and determine the other issues in the suit in 68
accordance with section 141.480. If any answering parties 69
have specially appealed as provided in section 141.570, the 70
court shall retain the custody of such funds pending 71
disposition of such appeal, and upon disposition of such 72
appeal shall make such distribution. If there are not 73
sufficient proceeds of the sale to pay all claims in any 74
class described, the court shall order the same to be paid 75
pro rata in accordance with the priorities. 76
4. If there are any funds remaining of the proceeds 77
after the sheriff's sale and after the distribution of such 78
funds as herein set out and no person entitled to any such 79
funds, whether or not a party to the suit, shall, within two 80
years after such sale, appear and claim the funds, the funds 81
shall be distributed to the appropriate taxing authorities, 82
except in partial opt-in counties, where the funds shall be 83
distributed to the school fund for the county. 84
5. Any county operating under the provisions of 85
sections 141.210 to 141.810 and sections 141.980 to 141.1015 86
may elect to allocate a portion of its share of the proceeds 87
toward a fund for the purpose of defending against claims 88
SS SCS SB 1001 71
challenging the sufficiency of notice provisions under this 89
section. 90
6. Any interested party, other than the sheriff's sale 91
purchaser, who moves the court to set aside a sheriff's sale 92
after the issuance of a sheriff's deed made under the 93
provisions of sections 141.210 to 141.810 and sections 94
141.980 to 141.1015 shall be required to pay into the court 95
the redemption amount otherwise necessary under sections 96
141.420 and 141.530 prior to the court hearing any such 97
motion to set aside. 98
141.610. Each court administrator's or sheriff's deed 1
given pursuant to the provisions of the land tax collection 2
law shall be prima facie evidence that the suit and all 3
proceedings therein and all proceedings prior thereto[ from 4
and], including assessment of the lands affected thereby and 5
all notices required by law were regular and in accordance 6
with all provisions of the law relating thereto. The court 7
administrator or sheriff shall record its deed and shall 8
collect said recording fee at the time of sale. 9
141.620. 1. In addition to all amounts due on any tax 1
bill, including principal, interest, penalties, attorney's 2
fees, and costs, as now fixed by law, there shall be imposed 3
and charged as a part of the costs on each such tax bill a 4
suit penalty of five percent of the principal amount of the 5
tax bill to be due to the collector upon the filing of the 6
petition with the circuit clerk. 7
2. The collector shall set up a separate fund in the 8
collector's accounts to which the collector shall credit 9
such five percent suit penalties when paid, together with 10
all other penalties and costs recovered under this action, 11
and shall retain such portion thereof as may be needed for 12
the purpose of paying the expenses and costs required to be 13
SS SCS SB 1001 72
advanced under sections 141.210 to 141.810, including 14
compensation to the delinquent land tax attorney, the 15
attorney's assistants, and stenographic and clerical help, 16
and funds for the costs of publication, notices, for court 17
costs, sheriff's expenses and other costs hereunder, and 18
shall transfer the remainder of such funds annually, on 19
January first of each year, to the land trust for the use 20
and expenses of the land trust. Where no land trust exists, 21
the collector shall retain the remainder of such funds. 22
141.680. 1. Except for partial opt-in counties, the 1
remedies and procedures set forth in sections 141.210 to 2
141.810 shall be the exclusive remedies and procedures 3
available for the collection of delinquent and back land 4
taxes in a county [electing] that elects to come under or 5
[which] that has come under their authority. Sections 6
141.210 to 141.810 shall not be affected nor infringed upon 7
by any other laws or parts of law in conflict herewith. 8
2. Any taxing authority or owner of any tax bill is 9
hereby prohibited from advertising for sale or selling any 10
parcel of real estate for the collection of delinquent land 11
taxes due thereon, except after judgment of a court having 12
jurisdiction ordering such advertising or sale, when such 13
parcel is at such time included in any petition filed 14
pursuant to the provisions of this law. 15
3. At the option of the taxing authority or tax bill 16
owner, all claims for land taxes against any parcel of real 17
estate, which has been included in any petition filed under 18
this law, where such taxes have become due and payable after 19
any tax list or petition thereon has been filed, may be 20
asserted by amended petition or by answer filed before 21
judgment, and, if allowed by the court, shall be included in 22
the judgment against such parcel of real estate. 23
SS SCS SB 1001 73
141.700. In all counties electing to operate under 1
sections 141.210 to 141.810 prior to January 1, 2025, there 2
is hereby created a commission for the management, sale, and 3
other disposition of tax delinquent lands, which commission 4
shall be known as "The Land Trust of ______ County, 5
Missouri", and the members thereof shall be known as land 6
trustees. Such land trust shall have and exercise all the 7
powers that are conferred by sections 141.210 to 141.810 8
necessary and incidental to the effective management, sale 9
or other disposition of real estate acquired under and by 10
virtue of the foreclosure of the lien for delinquent real 11
estate taxes, as provided in said sections, and in the 12
exercise of such powers, the land trust shall be deemed to 13
be a public corporation acting in a governmental capacity. 14
Where a county has elected to establish a land bank agency 15
under subsection 1 of section 140.981, no such land trust 16
shall be created under sections 141.700 to 141.810. 17
141.819. 1. In all partial opt-in counties, prior to 1
a confirmation by a court of a deemed bid under subsection 2 2
of section 141.560, a land trust shall be created for the 3
management, sale, and other disposition of tax delinquent 4
lands, which shall be known as "The Land Trust of ______ 5
County, Missouri", and the board of which shall be known as 6
land trustees. The county commission of such county shall 7
appoint by resolution or order one or three land trustees. 8
The first appointed land trustee shall serve for a term of 9
two years and the remaining land trustees shall serve for 10
terms of three years respectively, as applicable. 11
Thereafter, land trustees shall be appointed by the county 12
commission for a term of office of two years, except that 13
all vacancies shall be filled for an unexpired term. 14
SS SCS SB 1001 74
2. If a county elected to establish a land bank agency 15
under subsection 1 of section 140.981, no such land trust 16
shall be created under sections 141.700 to 141.819. 17
3. Such land trust, by majority vote of the land 18
trustees, shall have the power and duty to sell, exchange, 19
or otherwise dispose of real estate, provided, however, that 20
any such sale, exchange, or disposal shall be for 21
consideration equal to or in excess of two-thirds of the 22
appraised value of such real estate so sold or conveyed, and 23
if such consideration is less than two-thirds of the 24
appraised value of such real estate, the land trust shall 25
first procure a majority vote of the county commission. 26
4. (1) The land trust shall set up accounts relating 27
to the operation and management of the land trust. 28
(2) When any parcel of real estate is sold or 29
otherwise disposed of by the land trust, the proceeds 30
therefrom shall be applied and distributed in the following 31
order: 32
(a) To the payment of the expenses of sale; 33
(b) To the costs of the care, improvement, operation, 34
acquisition, demolition, management, and administration of 35
parcels of real estate owned by the land trust; and 36
(c) To the county's general fund. 37
5. No land trustee shall receive any compensation, 38
emolument, or other profit directly or indirectly from the 39
rental, management, acquisition, sale, demolition, repair, 40
rehabilitation, use, operation, ownership, or disposition of 41
any lands held by such land trust. 42
141.980. 1. (1) Sections 141.980 to 141.1015 shall 1
be known [and may be cited] as the "Chapter 141 Municipal 2
Land Bank Act". 3
SS SCS SB 1001 75
(2) Any municipality located wholly or partially 4
within a county electing to operate wholly under the 5
provisions of sections 141.210 to 141.810 may establish a 6
land bank agency for the management, sale, transfer, and 7
other disposition of interests in real estate owned by such 8
land bank agency. Any such land bank agency created shall 9
be created to foster the public purpose of returning land, 10
including land that is in a nonrevenue-generating, nontax- 11
producing status to use in private ownership or for public 12
use. Such land bank agency shall be established by 13
ordinance or resolution as applicable. Such land bank 14
agency shall not own any interest in real estate that is 15
located wholly or partially outside such establishing 16
municipality. No municipality in a partial opt-in county is 17
eligible to establish a land bank agency under this section. 18
2. The beneficiaries of the land bank agency shall be 19
the taxing authorities that held or owned tax bills against 20
the respective parcels of real estate acquired by such land 21
bank agency pursuant to a deemed sale under subsection 3 of 22
section 141.560, by deed from a land trust under subsection 23
1 of section 141.984, or pursuant to a sale under 24
subdivision (2) of subsection 2 of section 141.550 included 25
in the judgment of the court, and the beneficiaries' 26
respective interests in each parcel of real estate shall be 27
to the extent and in the proportion and according to the 28
priorities determined by the court on the basis that the 29
principal amount of the beneficiaries' respective tax bills 30
bore to the total principal amount of all of the tax bills 31
described in the judgment. 32
3. Each land bank agency created pursuant to this 33
chapter shall be a public body corporate and politic, and 34
shall have permanent and perpetual duration until terminated 35
SS SCS SB 1001 76
and dissolved in accordance with the provisions of section 36
141.1012. 37
141.984. 1. Within one year of the effective date of 1
the ordinance or resolution passed establishing a land bank 2
agency under this chapter, title to any real property held 3
by a land trust created pursuant to section 141.700 that is 4
located wholly within the municipality that created the land 5
bank agency shall be transferred by deed to such land bank 6
agency. 7
2. The income of a land bank agency shall be exempt 8
from all taxation by the state and by any of its political 9
subdivisions. Upon acquiring title to any real estate, a 10
land bank agency shall immediately notify the county 11
assessor and the collector of such ownership, and such real 12
estate shall be exempt from all taxation during the land 13
bank agency's ownership thereof, in the same manner and to 14
the same extent as any other publicly owned real estate, and 15
upon the sale or other disposition of any real estate held 16
by it, such land bank agency shall immediately notify the 17
county assessor and the collector of such change of 18
ownership; provided however, that such tax exemption for 19
improved and occupied real property held by such land bank 20
agency as lessor pursuant to a ground lease shall terminate 21
upon the first such occupancy, and such land bank agency 22
shall immediately notify the county assessor and the 23
collector of such occupancy. 24
3. Subject to the limitation set forth in subsection 1 25
of section 141.980, a land bank agency may acquire real 26
property or interests in property by gift, devise, transfer, 27
exchange, foreclosure, purchase, or [pursuant to sections 28
141.560 to 141.580 or section 141.819. A land bank agency 29
may only purchase real property for the purpose of adding to 30
SS SCS SB 1001 77
a parcel already owned by the land bank agency] otherwise on 31
terms and conditions and in a manner the land bank agency 32
considers proper. 33
4. Subject to the limitation set forth in subsection 1 34
of section 141.980, a land bank agency may acquire property 35
by purchase contracts, installment sales contracts, and land 36
contacts, and may accept transfers from political 37
subdivisions upon such terms and conditions as agreed to by 38
the land bank agency and the political subdivision. Subject 39
to the limitation set forth in subsection 1 of section 40
141.980, a land bank agency may bid on any parcel of real 41
estate offered for sale at a sheriff's foreclosure sale held 42
in accordance with section 141.550. Notwithstanding any 43
other law to the contrary, but subject to the limitation set 44
forth in subsection 1 of section 141.980, any political 45
subdivision may transfer to the land bank agency real 46
property and interests in real property of the political 47
subdivision on such terms and conditions and according to 48
such procedures as determined by the political subdivision. 49
5. A land bank agency shall maintain all of its real 50
property in accordance with the laws and ordinances of the 51
jurisdictions in which the real property is located. 52
6. Upon confirmation under section 141.580 of a 53
sheriff's foreclosure sale of a parcel of real estate to a 54
land bank agency under subdivision (2) of subsection 2 of 55
section 141.550, said land bank agency shall pay the amount 56
of the land bank agency's bid that exceeds the amount of all 57
tax bills included in the judgment, interest, penalties, 58
attorney's fees and costs then due thereon. Such excess 59
shall be applied and distributed in accordance with 60
subsections 3 and 4 of section 141.580, exclusive of 61
subdivision (3) of subsection 3 thereof. Upon such 62
SS SCS SB 1001 78
confirmation by the court, the collector shall mark the tax 63
bills included in the judgment as "cancelled by sale to the 64
land bank" and shall take credit for the full amount of such 65
tax bills, including principal amount, interest, penalties, 66
attorney's fees, and costs, on the collector's books and in 67
the collector's statements with any other taxing authorities. 68
141.1009. 1. A land bank agency shall be authorized 1
to file an action to quiet title pursuant to section 527.150 2
as to any real property in which the land bank agency has an 3
interest. For purposes of any and all such actions, the 4
land bank agency shall be deemed to be the holder of 5
sufficient legal and equitable interests, and possessory 6
rights, so as to qualify the land bank agency as adequate 7
petitioner in such action. 8
2. Prior to the filing of an action to quiet title the 9
land bank agency shall conduct an examination of title to 10
determine the identity of any and all persons and entities 11
possessing a claim or interest in or to the real property. 12
Service of the petition to quiet title shall be provided to 13
all such interested parties by the following methods: 14
(1) Registered or certified mail to such identity and 15
address as reasonably ascertainable by an inspection of 16
public records; 17
(2) In the case of occupied real property by first 18
class mail, addressed to "Occupant"; 19
(3) By posting a copy of the notice on the real 20
property; 21
(4) By publication in a newspaper of general 22
circulation in the municipality in which the property is 23
located; and 24
(5) Such other methods as the court may order or as 25
may be required by prevailing notions of due process. 26
SS SCS SB 1001 79
3. As part of the petition to quiet title the land 27
bank agency shall file an affidavit identifying all parties 28
potentially having an interest in the real property, and the 29
form of notice provided. 30
4. The court shall schedule a hearing on the petition 31
within ninety days following filing of the petition, and as 32
to all matters upon which an answer was not filed by an 33
interested party the court shall issue its final judgment 34
within one hundred twenty days of the filing of the petition. 35
5. A land bank agency shall be authorized to join in a 36
single petition to quiet title one or more parcels of real 37
property. 38
141.1020. Notwithstanding any provision of sections 1
141.980 to 141.1020 to the contrary, a land bank agency may 2
rent or lease property held by the land bank agency for 3
community, noncommercial, and agricultural uses. 4
249.255. 1. Should a public sewer district created 1
and organized pursuant to constitutional or statutory 2
authority place a lien upon a customer's property for unpaid 3
sewer charges, the lien, once properly recorded, shall have 4
priority above all liens except for those taxes levied for 5
state and county purposes. 6
2. Should the sewer charges of a public sewer district 7
created and organized pursuant to constitutional or 8
statutory authority remain unpaid for a period in excess of 9
three months, the district, after notice to the customer by 10
certified mail, shall have the authority at its discretion, 11
to disconnect the customer's sewer line from the district's 12
line or request any private water company, public water 13
supply district, or any municipality supplying water to the 14
premises to discontinue service to the customer until such 15
SS SCS SB 1001 80
time as the sewer charges and all related costs of this 16
section are paid. 17
262.975. Notwithstanding any provision of law to the 1
contrary, for the purposes of chapter 89, helianthus annuus 2
shall not be considered an agricultural crop. 3
347.048. 1. (1) Any limited liability company that 1
owns and rents or leases real property, or owns unoccupied 2
real property, located within: 3
(a) Any home rule city with a population of more than 4
four hundred thousand inhabitants which is located in more 5
than one county; 6
(b) Any home rule city with more than one hundred 7
sixteen thousand but fewer than one hundred fifty-five 8
thousand inhabitants; [or] 9
(c) Any home rule city with more than seventy-one 10
thousand but fewer than seventy-nine thousand inhabitants; or 11
(d) Any county with more than one million inhabitants; 12
shall file with that city's or county's clerk an affidavit 13
listing the name and street address of at least one natural 14
person who has management control and responsibility for the 15
real property owned and leased or rented by the limited 16
liability company, or owned by the limited liability company 17
and unoccupied. 18
(2) Within thirty days following the cessation of 19
management control and responsibility of any natural person 20
named in an affidavit described in this section, the limited 21
liability company shall file a successor affidavit listing 22
the name and street address of a natural person successor. 23
2. No limited liability company shall be charged a fee 24
for filing an affidavit or successor affidavit required 25
under this section. 26
SS SCS SB 1001 81
3. If a limited liability company required by this 27
section to file an affidavit or a successor affidavit fails 28
or refuses to file such completed affidavit with the 29
appropriate clerk, any person who is adversely affected by 30
the failure or refusal, the county, or the home rule city 31
may petition the circuit court in the county where the 32
property is located to direct the execution and filing of 33
such document. 34
407.3600. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Residential real property", real property that is 3
improved by a building or other structure that has one to 4
four dwelling units; 5
(2) "Wholesaler", a person or entity that for a fee, 6
commission, or other valuable consideration, or with the 7
intention, expectation, or upon the promise of receiving or 8
collecting a fee, commission, or other valuable 9
consideration, enters into a purchase contract for 10
residential real property either: 11
(a) As the grantee, and assigns or novates the 12
contract to another person or entity; or 13
(b) As the grantor, and, without holding legal title 14
to the real property, assigns or novates the contract to 15
another person or entity. 16
"Wholesaler" shall not include: 17
a. An individual who assigns or novates the contract 18
to another individual who is a relative within the third 19
degree of consanguinity or affinity; or 20
b. A person or entity that assigns or novates the 21
contract to a parent, affiliate, subsidiary, or affiliated 22
group under common control with the person or entity. 23
SS SCS SB 1001 82
2. Not less than fourteen calendar days before 24
entering into a contract that transfers an interest in 25
residential real property, a wholesaler acting as a grantee 26
or a wholesaler's representative, if applicable, shall 27
provide to the record owner a written disclosure statement, 28
separate from the purchase contract or agreement, printed in 29
boldface type font size not less than twelve points, that 30
contains the following disclosure: 31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
"Missouri law requires a wholesaler acting as
a grantee, before entering into a contract or
agreement that conveys an interest in
residential real property, to provide certain
information to the record owner in a
conspicuous manner printed in boldface type
font size not less than twelve points.
Failure by a wholesaler to present or complete
this form shall be considered an unlawful and
unfair practice under the Missouri
Merchandising Practices Act. Any person who
enters into an agreement that conveys an
interest in residential real property to a
wholesaler acting as a grantee without
receiving this disclosure has a cause of
action against the wholesaler. A wholesaler
acting as a grantee is prohibited from
entering into a binding contract to acquire an
interest in residential real property unless
this statement is signed and dated by the
record owner of the property.

53
54
55
56
57
58
59
60
The owner acknowledges that the person
presenting this document is a wholesaler, as
defined in section 407.3600 of the Revised
Statutes of Missouri, and that the owner is
advised to seek legal advice before entering
into any agreement or contract with the
wholesaler. A wholesaler is acting on the
wholesaler's own behalf and does not represent

SS SCS SB 1001 83
3. A wholesaler acting as the grantee shall not enter 79
into a binding contract that transfers an interest in 80
residential real property until both the wholesaler and the 81
record owner of the property sign and date the disclosure 82
statement required under subsection 2 of this section. 83
4. If a wholesaler acting as the grantee fails to make 84
the disclosures pursuant to subsection 2 of this section 85
before entering into a binding contract that transfers an 86
interest in residential real property, the record owner of 87
the residential real property may cancel the contract at any 88
time prior to the close of escrow without penalty and the 89
escrow or closing agent shall disburse any earnest money 90
paid by the wholesaler to the record owner within thirty 91
days after such cancellation. 92
61
62
63
64
65
66
67
68
69
70
71
72
the owner in this transaction. A wholesaler
enters assignable contracts with owners and
seeks to sell or assign the wholesaler's
interest for a profit. The wholesaler may
assign the wholesaler's interest in the
purchase contract to a third party without the
owner's consent before closing. The
wholesaler may charge a fee to the third-party
buyer separately for profit. The agreed
purchase price between the owner and
wholesaler may be below market value and is
conveyed voluntarily.
73
74
75
The owner acknowledges disclosure of the
information provided in this form by signing
and dating below:

76
77
__________ (Property owner signature) ___
(date)

78 __________ (Wholesaler signature) ___ (date)."
SS SCS SB 1001 84
5. Provisions of this section shall not be modified or 93
waived by any oral or written agreement. Any portion of an 94
agreement that is executed, modified, or extended after the 95
effective date of this section that modifies or waives any 96
provision of this section shall be null and void. 97
6. Any violation of this section shall be considered 98
an unlawful practice under the Missouri merchandising 99
practices act under this chapter. A party that enters into 100
an agreement without receiving the disclosures required 101
under subsection 2 of this section may bring a private 102
action against a wholesaler. 103
7. The attorney general shall have the authority to 104
enforce the provisions of this section. If the attorney 105
general finds that a violation occurred, the attorney 106
general may commence a civil action in a court of competent 107
jurisdiction. If the court finds that a violation occurred, 108
the court may grant damages, injunctive relief, attorney 109
fees, and any such other relief the court finds appropriate. 110
442.703. 1. (1) This section shall be known and may 1
be cited as the "American Dream Act". 2
(2) The general assembly finds that excessive 3
institutional ownership of single-family homes contributes 4
to housing scarcity, inflates prices, and denies young 5
families access to homeownership. 6
(3) Young families are increasingly priced out of the 7
housing market, creating barriers to entry for first-time 8
homebuyers and discouraging Missourians from raising 9
families in our state. 10
(4) It is unhealthy for entire generations of young 11
people to be unable to own property. Individuals who own 12
homes have greater stability, stronger community ties, and a 13
deeper sense of civic responsibility. 14
SS SCS SB 1001 85
(5) Homeownership is an integral part of the American 15
dream. In light of this fact, it is incumbent upon this 16
general assembly to preserve and protect the American way of 17
life for generations of Americans to come. This can be 18
accomplished by setting reasonable regulations pertaining to 19
the institutional ownership of residential real estate. 20
These regulations should prevent market concentration by 21
institutional investors, since such concentration undermines 22
the long-term stability of our communities. 23
2. For purposes of this section, the following terms 24
mean: 25
(1) "Commission", the Missouri housing development 26
commission, established pursuant to section 215.020; 27
(2) "Institutional buyer", any corporation, 28
partnership, limited liability company, real estate 29
investment trust, private equity firm, hedge fund, or 30
similar business entity, including any subsidiary or 31
affiliate thereof, that collectively owns more than fifty 32
single-family residential properties within the United 33
States, and is engaged in the business of acquiring such 34
properties for investment or profit through rental or 35
resale, provided that the term institutional buyer shall not 36
include any home builder; residential land developer; land 37
bank entity; investment entity or financing entity providing 38
land banking, investment, or financing to a home builder or 39
residential land developer and that is affiliated with a 40
home builder or residential land developer; not-for-profit 41
corporation; or public housing agency; 42
(3) "Investment entity", an entity that manages funds 43
pooled from twenty-five or less investors. Two or more 44
investment entities under common management shall be 45
SS SCS SB 1001 86
aggregated and treated as one for purposes of this 46
definition; 47
(4) "Single-family residential property", real 48
property improved with one dwelling unit intended for 49
occupancy by one family, including detached homes, but shall 50
not include: 51
(a) Any residential structure situated on a single 52
legal lot on which multiple residential structures are 53
situated; or 54
(b) Two or more contiguous residential structures in a 55
community of twenty or more units in which residential 56
rental occupancy is allowed. 57
3. An institutional buyer shall not acquire a single- 58
family residential property in this state unless such single- 59
family residential property has been publicly listed for 60
sale for more than ninety days and is not during such time 61
subject to a binding sales agreement. 62
4. Nothing in this section shall be construed to: 63
(1) Prohibit, restrict, or interfere with any bank, 64
credit union, land bank or investor for a home builder, 65
mortgage lender, or other financial institution from 66
offering, issuing, or servicing loans or mortgages for the 67
acquisition, financing, or land banking or refinancing of 68
single-family residential property; 69
(2) Affect the rights, obligations, or activities of 70
such financial institutions under state or federal law; 71
(3) Apply to any person or entity which is not an 72
institutional buyer; or 73
(4) Apply to any entity acquiring a single-family 74
residential property built and permitted as a rental 75
community. 76
SS SCS SB 1001 87
5. The commission may promulgate rules necessary to 77
implement and enforce this act, with respect to the 78
responsibilities granted to them, respectively, pursuant to 79
this section. Any rule or portion of a rule, as that term 80
is defined in section 536.010, that is created under the 81
authority delegated in this section shall become effective 82
only if it complies with and is subject to all of the 83
provisions of chapter 536 and, if applicable, section 84
536.028. This section and chapter 536 are nonseverable and 85
if any of the powers vested with the general assembly 86
pursuant to chapter 536 to review, to delay the effective 87
date, or to disapprove and annul a rule are subsequently 88
held unconstitutional, then the grant of rulemaking 89
authority and any rule proposed or adopted after August 28, 90
2026, shall be invalid and void. 91
442.920. 1. This section shall be known and may be 1
cited as the "Missouri Residential Sale Leaseback Protection 2
Act". 3
2. For purposes of this section, the following terms 4
mean: 5
(1) "Buyer", any person or entity that acquires an 6
ownership interest in residential real estate in a sale 7
leaseback transaction; 8
(2) "Residential real estate", real property that is 9
improved by a building or other structure that has one to 10
four dwelling units; 11
(3) "Sale leaseback", a transaction or series of 12
transactions in which a seller sells residential real estate 13
that is or was the seller's residence to another party and, 14
as a condition of the sale, or as part of the same or a 15
related transaction, enters into a lease or rental agreement 16
to remain in or re-occupy the property; 17
SS SCS SB 1001 88
(4) "Seller", any natural person who transfers an 18
ownership interest in residential real estate in a sale 19
leaseback transaction. 20
3. (1) In any sale leaseback transaction, the buyer 21
shall provide the seller with the following disclosure on a 22
single page in a clear and conspicuous manner, printed in 23
boldface type: 24
25
26
27
28
If you sign a sale leaseback agreement, you
are entering into a contract to sell your
home. This means you will no longer own your
home.

29
30
You may be subject to eviction if you do not
follow the lease terms.

31 You may lose the right to buy back your home.
32
33
This may affect your credit, taxes, and legal
rights.

34 You are encouraged to speak with:
35 (1) An attorney;
36 (2) A real estate agent;
37 (3) A housing counselor;
38 (4) A tax advisor; and
39 (5) A real estate appraiser.
40
41
No sale leaseback can be closed for at least
thirty (30) days after signing an agreement.

42
43
Do not sign unless you fully understand the
terms.

SS SCS SB 1001 89
(2) The disclosure required by subdivision (1) of this 44
subsection shall be provided to the seller not less than 45
fourteen calendar days prior to execution of any sale 46
leaseback agreement, and the disclosures shall be signed by 47
both the seller and the buyer concurrently with the 48
execution of the sale leaseback agreement. 49
(3) A copy of the signed disclosure required by 50
subdivision (1) of this subsection shall be provided to the 51
seller within five days of the execution of the sale 52
leaseback agreement. 53
4. There shall be no delivery, recording, or other 54
transfer of title from seller to buyer until thirty days 55
after the execution of any sale leaseback agreement. 56
5. (1) Any violation of the provisions of this 57
section shall be subject to a civil penalty not to exceed 58
ten thousand dollars per violation. 59
(2) The attorney general may bring an action to 60
enforce this section, including actions for injunctive 61
relief, civil penalties, and restitution. 62
(3) Any seller harmed by a violation of this section 63
may bring a civil action to recover: 64
(a) Actual damages; 65
(b) Statutory damages of ten thousand dollars, which 66
shall be in addition to any actual damages proven; 67
(c) Attorneys' fees and costs; and 68
(d) Equitable or injunctive relief. 69
6. No provision of this section shall be modified or 70
waived by any agreement. Any portion of an agreement that 71
is executed, modified, or extended after the effective date 72
of this section that modifies or waives a duty or remedy 73
under this section is void ab initio and unenforceable. 74
SS SCS SB 1001 90
Section B. If any provision of section A of this act 1
or the application thereof to anyone or to any circumstance 2
is held invalid, the remainder of those sections and the 3
application of such provisions to others or other 4
circumstances shall not be affected thereby. 5
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