PROPERTY LAW



HCS/SCS/SB 485 – Changes laws relating to the perfection of certain security interest in property and liens on aircrafts, water crafts, motor vehicles and trailers. Provides that notice is required by certified instead of registered mail to establish a hospital lien. (See Commercial Law for a more complete summary of this bill). (Signed 7/10/12)

HCS/SCS/SB 562 - Allows the board of governors of Missouri Western, the University of Central Missouri, Missouri State University, Missouri Southern State University; the board of regents of Southeast Missouri State University, Northwest Missouri State University, or Harris-Stowe State University; or the board of curators of Lincoln University to conveyor transfer the title to certain real property, except in fee simple, without authorization from the General Assembly until August 28, 2017. (Signed 7/5/12)

CCS/HCS/SB 628 - Modifies provisions relating to the judiciary. Includes provisions relating to blight, perfection of security interests, inverse condemnation, bankruptcy exemptions and landowner liability to trespassers. (See Judicial Administration for a summary of these and other provisions included in this omnibus bill). (Neither signed nor vetoed. Becomes law pursuant to Article III, Section 31, Missouri Constitution).


CCS/HCS/SCS/SB 635 - Modifies the law relating to financial institutions, school funds, private roads, real estate appraisal, agricultural education programs, liens, and state purchasing preferences. Includes provisions relating to the:

ESTABLISHMENT IMPROVEMENT AND MAINTENANCE OF PRIVATE ROADS - Establishes a process for establishing a plan of maintenance for private roads when adjoining homeowners or homeowners who hold easements to use private roads are unable to agree in writing upon a plan of maintenance for a private road. If the homeowners are unable to agree to a plan of maintenance, one or more of the homeowners may petition the circuit court for an order establishing a plan of maintenance.
 Under the terms of the act, the cost of the maintenance plan for a private road must be apportioned among the homeowners according to the use and benefit to the residential property benefitted by the access as mutually agreed by the homeowners or as ordered by the court. The method of apportionment established by the homeowners or ordered by the court may be based on equal division, residential assessed value, usage or benefit or other methods.
 Provides that a court may implement the same procedures to order a plan of maintenance for establishing or widening a private road. The act further provides that the court may appoint disinterested commissioners to determine a maintenance plan and the apportionment of costs.
 If homeowners are unable to agree upon the designation of a supervisor to complete a maintenance plan, then the commissioners appointed by the court shall designate a supervisor. The appointed supervisor shall be compensated in the same manner as the commissioners.
 Under the act, any agreement executed by all owners for, or final order approving, a plan of maintenance shall be recorded with the county recorder of deeds. Under the terms of the act, adjoining landowners or holders of an easement to use a private road may bring an action to enforce the maintenance plan, whether as mutually agreed or as ordered by the court.
 The act allows a prior agreement or court order establishing a plan of maintenance to be amended or modified and may be restated at any time by a recorded agreement signed by all the homeowners or other benefitted owners. A court proceeding to amend, modify, or restate a plan of maintenance shall not be filed sooner than 7 years from the entry of a prior order unless there is prima facie evidence showing that the real property benefitted by the private road has been developed or divided in a manner rendering the plan of maintenance obsolete or showing that the existing apportionment of the use and benefit is inequitable.
 For the purposes of obtaining a maintenance order, the act defines “private road” as any private road established under chapter 228 or any easement of access which provides a mean of ingress and egress by motor vehicle for any owners of residences from such homes to a public road. The act specifies that private roads do not include roads owned by the United States, the state of Missouri, or other political subdivisions. The act also specifies that the provisions of law that pertain to the establishment and maintenance of private roads shall not apply to roads created by or included in any recorded plat referencing or referenced in an indenture or declaration creating an owner’s association, regardless of whether such road is designated as a common element. In addition, the private road statutes shall not apply to any land or property owned or operated by any railroad regulated by the Federal Railroad Administration.

WATERCRAFT, VEHICLE, AND TRAILER LIENS - Currently, on a refinance of a loan secured by a watercraft, motor vehicle, or trailer, a lien is perfected by delivering the notice of lien to the director of revenue. The act modifies this provision only to apply to refinances by different lenders on prior loans.

MODIFIES PROVISIONS REGARDING REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT COMPANIES - This act modifies provisions regarding real estate appraisers and appraisal management companies. The Missouri Certified and Licensed Real Estate Appraisers Act is renamed the Missouri Certified and Licensed Real Estate Appraisers and Appraisal Management Company Regulation Act.

FINANCIAL INSTITUTION FILINGS - Currently, certain banks, savings institutions, and credit unions are required to file a notice with the Missouri Real Estate Appraisers Commission that includes some of the same information and certifications that real estate appraisal management companies must file. This act eliminates the requirement that these banks, savings institutions, and credit unions file this notice.

UNIFORM COMMERCIAL CODE - Currently, the filing of a financing statement is not necessary to perfect a security interest in property subject to certain statutes, regulations, and treaties. Such a filing is currently necessary for property held as inventory held for sale or lease by a person in the business of leasing certain goods. This act removes that exception. (Vetoed 7/12/12)

CCS/HCS/SB 636 - Modifies laws relating to the judiciary.

PERFECTION OF SECURITY INTERESTS - HCS/SB 628 (2012). Removes the requirement for filing of a financing statement to perfect a security interest in property held as inventory by a person in the business of selling or leasing certain goods of that kind.

INVERSE CONDEMNATION AND DANGEROUS CONDITIONS ON PUBLIC PROPERTY HCS/SB 628 (2012) - This act requires that suits against municipal corporations involving dangerous conditions of public property or suits in inverse condemnation be brought in the county in which all or part of the property lies. (For a summary of additional provisions of this omnibus bill, see Criminal Law and Judicial Administration). (Signed 7/12/12)

CCS/SS/SB 665 - Authorizes the Governor to transfer certain pieces of real estate located throughout the state of Missouri to the State Highways and Transportation Commission. The act further authorizes the governor to convey an easement to the city of Sedalia for the purposes of operating a fire station. The act also authorizes the governor to convey an easement located near the Choteau State Owned Office Building in the City of St. Louis.
 This act exempts voluntary annexations approved by municipal ordinance from boundary commission review provided the area to be annexed is owned by the municipality, is contiguous with the municipality, and the area is to be used for park and recreation purposes.
 Allows community college districts to own real property within their boundaries. (Signed 7/10/12)

HB 1103 – Changes laws regarding private roads and real estate appraisers.

ESTABLISHMENT, IMPROVEMENT, & MAINTENANCE OF PRIVATE ROADS - (See CCS/HCS/SB 635 under Property Law, supra, for a summary of these provisions)

REAL ESTATE APPRAISAL - Modifies provisions regarding real estate appraisers and appraisal management companies.
 Appraisal management companies are exempted from certain licensing and examination requirements. Appraisal management companies must disclose their license numbers on engagement letters. They must notify the Commission of a change in their controlling person, agent of record, ownership, or address within 30 days of a change. The Commission may cause complaints to be filed with the Administrative Hearing Commission against appraisal management companies other than natural persons. Appraisal management company records must be retained for five years and made promptly available to the Commission for inspection and copying. It will be a class B misdemeanor for any company or controlling person to practice any deception or fraud in its identity in connection with an application or holding out to the public or representation as a licensed appraisal management company when it is not. The Commission is required to maintain a registry of the names and addresses of appraisal management companies.
 The act adds influencing the development, reporting, or review of an appraisal through certain methods as a reason for the Commission to file a complaint. (Signed 7/12/12)

SCS/HCS/HBS 1659 & 1116 - Authorizes the establishment of a land bank agency in Kansas City. Also modifies provisions of law that apply to the sale of tax-delinquent property in certain first class counties and that govern land trusts in certain counties to provide for how these provisions will interact with land bank agency powers and operations.
 All property held by a land trust that is within Kansas City is required to be transferred to the land bank, within a year after the city adopts the ordinance or resolution creating the land bank agency. Land bank property and income are exempt from state and local taxes.
 The land bank has the power to borrow money, issue bonds, contract, invest money, and acquire, develop, demolish, rehabilitate, lease, sell, or otherwise dispose of real estate. The land bank does not have the power of eminent domain. The act requires the land bank agency to have the approval of the municipality that created the land bank to issue bonds. Before the land bank can take certain actions, such as incurring debt, the action must be authorized by a majority of the entire board membership by role call vote.
 The land bank agency is prohibited from selling more than five contiguous parcels to the same entity in the course of one year. If the municipality that creates the land bank agency establishes priorities for the use of property conveyed by the land bank agency, those priorities are required to be consistent with, and no more restrictive than, municipal planning and zoning ordinances. The land bank agency is required to accept written offers to purchase property when the offers are equal to or greater than the fair market value of the property. If the land bank rejects the offer, or does not respond within sixty days, the land bank agency’s action is subject to judicial review under chapter 536. The land bank agency is required to reduce its requested price for property and advertise the discount publicly, if the land bank agency owns more than five parcels in a single city block and has not received a written offer to purchase any of those parcels in twelve months.
 The land bank is authorized to acquire property by gift, transfer, exchange, foreclosure, or purchase.
 The land bank is prohibited from owning real estate outside the boundaries of Kansas City, but may accept transfers of real estate from political subdivisions.
 If a land bank bids at a tax foreclosure sale in amount that equals the amount of the tax liens, plus interest and costs, the land bank may be sold the property. If property inside Kansas City has been offered for sale at three different tax sales and has not sold, it is automatically transferred to the land bank. The act limits the land bank agency’s ability to make certain bids at a sheriff’s foreclosure sale to bidding on property that is located within a low to moderate income area designated as a target area for revitalization by the municipality that created the land bank agency.
 After the land bank transfers property, for the next three years, the taxes on the real estate go to the land bank agency to fund its operations. The act also specifies how money from the sale of land bank property is distributed.
 The land bank is subject to Missouri open meetings and open records laws.
 Members of the board of the land bank and its employees are prohibited from having any interest in the land bank property, or from profiting from land bank operations.
 A land trust and the land bank agency are authorized to file a court petition to quiet title to several parcels of property in one petition. The act requires the court to hold a hearing within ninety days of filing the petition and issue its final judgment within one hundred twenty days. (Signed 7/9/12)

SS/SCS/HB 1807, 1093, 1107, 1156, 1221, 1261, 1269, 1641, 1668, 1737, 1782, 1868 & 1878 - Designates the following highways:

SPC. JAMES BURNETT, JR. MEMORIAL HIGHWAY
SGT. ISSAC B. JACKSON MEMORIAL HIGHWAY

LCPL PATRICK W. SCHIMMEL MEMORIAL HIGHWAY

STAFF SERGEANT NORMAN J. INMAN MEMORIAL HIGHWAY

TROOPER FRED F. GUTHRIE JR. MEMORIAL HIGHWAY
MATTHEW J. ENGLAND MEMORIAL HIGHWAY

MISSOURI FOX TROTTING HIGHWAY

BOB WATTS MEMORIAL BICYCLE & PEDESTRIAN BRIDGE

DARRELL B ROEGNER MEMORIAL HIGHWAY

HARRIETT WOODS MEMORIAL HIGHWAY

AMVETS MEMORIAL HIGHWAY

CHIEF OF POLICE JERRY E. HICKS MEMORIAL HIGHWAY

CHRISTOPHER S. KIT BOND HIGHWAY

See Motor Vehicles for a summary of additional provisions of this bill). (Signed 7/6/12)

HCS/HB 1818 - Modifies the definition of residential property for property tax purposes to include time-share units, unless they are rented. Where time-share units are rented, the county assessor is required to consider only the percentage of use subject to sales tax as commercial property.
 Also requires county assessors to consider foreclosures and bank sales when establishing the value of parcels of real property for property tax purposes. (Signed 7/5/12)

SS/SCS/HB 1820 - Authorizes the Governor to convey several pieces of real property to various entities. The act also authorizes the Governor to transfer several other pieces of real estate located throughout the state of Missouri to the State Highways and Transportation Commission. The act contains an emergency clause. (Signed 7/10/12)

HCS/HB 1900 - Specifies that a petition requesting a voluntary annexation needs to be notarized instead of verified. Any action to invalidate a previous annexation must be brought within three years of the date of the adoption of the annexation ordinance, except for an action to deannex an area for failure of the annexing municipality to provide required services to the area within three years. In that situation, the action must be brought within four years from the effective date of the annexation.

ACCESSIBLE PARKING - Specifies that when any political subdivision or owner of private property restripes a parking lot or constructs a new parking lot with 25 or more parking spaces, the lot and accessible signs shall meet the minimum requirements of the federal American with Disabilities Act for the number of required accessible parking spaces. Space required for access aisles is specified. (See Animal & Agricultural Law, Commercial Law and State Government for summaries for additional provisions in this omnibus bill). (Vetoed 6/20/12)

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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