Title XXIX, OWNERSHIP AND CONVEYANCE OF PROPERTY

447.622. Petition, requirements. — Any organization may petition to have property declared abandoned pursuant to the provisions of sections 447.620 to 447.640 and for temporary possession of such property, if: (1) The property has been continuously unoccupied by persons legally e…

447.624. Proceeding, where commenced, procedure. — The proceedings shall be commenced by filing a verified petition in the circuit court in the county in which the property is located. The petition shall allege that the property meets the conditions to be declared abandoned pursu…

447.625. Procedures in home rule cities. — 1. Any petition filed under the provisions of sections 447.620 to 447.640 which pertains to property located within any home rule city shall meet the requirements of this section. 2. Summons shall be issued and service of process shall b…

447.626. Expeditious treatment. — Any action brought pursuant to the provisions of sections 447.620 to 447.640 shall be expedited by the court and may be given precedence over other suits. Trial shall be by the court without a jury. ­­-------- (L. 1993 S.B. 376 § 4)

447.628. Notice of pendency of suit, effect. — In any civil action brought pursuant to the provisions of sections 447.620 to 447.640, the plaintiff shall file for record, with the recorder of deeds of the county in which any such real estate is situated, a written notice of the p…

447.630. Hearing, plan of rehabilitation. — The court shall hold a hearing on the organization's petition at which time the organization shall submit to the court a plan for the rehabilitation of the property and present evidence that the organization has adequate resources to re…

447.632. Grant of petition, requirements. — The court shall grant the organization's petition if the court finds that the conditions alleged by the plaintiff as specified in section 447.622 existed at the time the verified petition was filed in the circuit court, that the plan fo…

447.634. Grant of temporary possession. — If the court grants the petition, the court shall enter an order approving the rehabilitation plan and granting temporary possession of the property to the organization. The organization may, subject to court approval, enter into leases o…

447.636. Quarterly report. — The organization shall file a quarterly report of its rehabilitation and use of the property, including a statement of all expenditures made by the organization and all income and receipts from the property for the preceding quarters. ­­-------- (L. 1…

447.638. Restoration of possession, compensation. — The owner may petition the circuit court for restoration of possession of the property and, upon due notice to the plaintiff organization, for a hearing on such petition. At the hearing, the court shall determine whether the own…

447.640. Quitclaim judicial deed may be granted, conditions, effect. — If an owner does not regain possession of the property in the one-year period following entry of an order granting temporary possession of the property to the organization, the organization may file a petition…

447.700. Definitions. — As used in sections 447.700 to 447.718, the following terms mean: (1) "Abandoned property", real property previously used for, or which has the potential to be used for, commercial or industrial purposes which reverted to the ownership of the state, a coun…

447.701. Eligible projects, director's duties — owner to repay, when. — 1. The director of the department of economic development may consider the direct and indirect economic benefits projected to be provided by the eligible project. An applicant for funding or tax credit and ex…

447.702. Department loans to eligible projects, guidelines, conditions. — 1. The director of economic development, with the approval of the director of the department of natural resources, subject to the other provisions of sections 447.700 to 447.718, may lend moneys in the prop…

447.704. Loan guarantees, guidelines, conditions — private lender immune from liability, when. — 1. The director of economic development, with the approval of the director of the department of natural resources, subject to other applicable provisions of sections 447.700 to 447.71…

447.706. Grants, guidelines, conditions. — 1. The director of economic development, with the approval of the director of the department of natural resources, subject to other applicable provisions of sections 447.700 to 447.718, may issue a grant to a governmental* agency for the…

447.708. Tax credits, criteria, conditions — definitions — eligibility of certain demolition costs. — 1. For eligible projects, the director of the department of economic development, with notice to the directors of the departments of natural resources and revenue, and subject to…

447.710. Property reuse revolving fund — lapse into general revenue prohibited — investment of fund. — 1. There is hereby created in the state treasury a fund to be known as the "Property Reuse Revolving Fund". The property reuse fund is intended to provide ten million dollars an…

447.712. Tort immunity. — 1. As used in this section, the following terms shall mean: (1) "Harm", injury, damage, restitution, death or loss to persons or property, including equitable damages or injunctive relief, caused by or arising out of exposure to a hazardous substance or …

447.714. Hazardous substances on property, duties of purchaser — department of natural resources, duties. — 1. For any eligible project, the purchaser of the abandoned property shall be released from further liability to the extent described in subsection 2 of this section based …

447.716. Failure of purchaser to perform, sanctions. — 1. Any person who agrees to purchase abandoned property as part of a qualified project and subsequently breaches the agreement or fails to use the property reuse fund moneys for allowable costs may be responsible for immediat…

447.718. Rulemaking authority, procedure. — 1. The department of economic development may promulgate rules and regulations necessary to administer the provisions of sections 447.700 to 447.718. 2. No rule or portion of a rule promulgated under the authority of sections 447.700 to…

448.4-120. Substantial completion of units. — In the case of a sale of a unit where delivery of an original sale certificate is required, a contract of sale may be executed, but no interest in that unit may be conveyed until the declaration is recorded and the unit is substantial…

448.005. Title of law. — Sections 448.005 to 448.210 shall be known and may be cited as the "Condominium Property Act". ­­-------- (L. 1983 H.B. 177)

448.010. Definitions. — As used in sections 448.005 to 448.210, unless the context otherwise requires, the following terms mean: (1) "Common elements", all portions of the property except the units; (2) "Declaration", the instrument and amendments thereto by which the property is…

448.020. Property submitted to condominium law by declaration. — Whenever the owners in fee simple of a parcel intend to submit such property to the provisions of sections 448.005 to 448.210, they shall do so by recording a declaration, duly executed and acknowledged, expressly s…

448.030. Declaration, contents — amendments. — 1. The declaration shall set forth the following particulars: (1) The legal description of the parcel or parcels; (2) The legal description of each unit, which may consist of the identifying number or symbol of the unit as shown on t…

448.040. Declaration and plat to be recorded — plat, contents — amendment may be recorded, when. — Simultaneously with the recording of the declaration there shall be recorded a plat as defined in section 448.010, which plat shall be made by a registered Missouri land surveyor an…

448.050. Units can be conveyed — common elements, owned, how — units not to be separated or subdivided. — 1. Upon compliance with sections 448.020, 448.030 and 448.040, and upon recording of the declaration and plat, the property shall become subject to the provisions of sections…

448.060. Instrument affecting unit affects ownership of common elements. — Every deed, lease, mortgage or other instrument may legally describe a unit by its identifying number or symbol as shown on the plat and as set forth in the declaration, and every such description shall be…

448.070. Common elements to remain undivided — exceptions. — As long as the property is subject to the provisions of sections 448.005 to 448.210 the common elements shall, except as provided in section 448.140, remain undivided, and no unit owner shall bring any action for partit…

448.080. Common element costs to be paid by unit owners — unpaid amount to constitute lien — foreclosure. — 1. Every unit owner shall pay his proportionate share of the expenses of administration, maintenance and repair of the common elements and of any other expense lawfully agr…

448.090. Liens, against what — consent, how given. — 1. In the event any lien exists against two or more units and the indebtedness secured by such lien is due and payable, the unit owner of any unit so affected may remove the unit and the undivided interest in the common element…

448.100. Taxes, assessed and levied against units. — Real property taxes, special assessments, and any other special taxes or charges of the state of Missouri or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be asse…

448.110. Interest acquired by tax deed, subject to what. — In the event any person acquires or is entitled to the issuance of a tax deed conveying the interest of any unit owner, the interest so acquired shall be subject to all the provisions of sections 448.005 to 448.210 and to…

448.120. Insurance, how obtained — named insured — who adjusts — loss payable clause, form of — premiums, how paid. — The manager or the board of managers shall obtain insurance for the property against loss or damage by fire and such other hazards as are covered under standard e…

448.130. Insurance proceeds used for reconstruction — reconstruction defined. — In case of fire or any other disaster the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. "Reconstruction of the building", as used in this and …

448.140. Insurance proceeds insufficient to reconstruct, effect. — In case of fire or other disaster, if the insurance proceeds are insufficient to reconstruct the building and the unit owners and all other parties in interest do not voluntarily make provision for reconstruction …

448.150. Sale of property, authorized, how — dissenting owner entitled to interest, value of interest defined. — Unless a greater percentage is provided for in the declaration or bylaws, and notwithstanding the provisions of sections 448.130 and 448.140, a majority of the unit ow…

448.160. Property removed from condominium law, how, effects. — All of the unit owners may remove the property from the provisions of sections 448.005 to 448.210 by an instrument to that effect, duly recorded if the holders of all liens affecting any of the units consent thereto …

448.170. Bylaws, amendments. — The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment …

448.180. Bylaws, contents. — The bylaws shall provide for at least the following: (1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-third of the members of the board shall expire a…

448.190. Managers may act for owners — actions — service of process — managers proper parties, when, duties. — 1. Whenever in sections 448.005 to 448.210, or in any declaration or bylaw executed in accordance with sections 448.005 to 448.210, the board of managers or the members …

448.195. Condemnation proceedings, board of managers to represent all unit owners. — Whenever the state, a political subdivision, or any other corporation, agency, or authority having the power of eminent domain shall seek to acquire any of the common elements of condominium prop…

448.200. Managers to keep records, open to owners. — The manager or board of managers, as the case may be, shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and rep…

448.210. Rule against perpetuities — restraints on alienation. — It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat a…