Missouri 2022 Regular Session

Missouri Senate Bill SB1144 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SECOND REGULAR SESSION
3	3	SENATE BILL NO. 1144
4	4	101ST GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR CRAWFORD.
6	6	5539S.01I ADRIANE D. CROUSE, Secretary
7	7	AN ACT
8	8	To repeal sections 140.170 and 140.190, RSMo, and to enact in lieu thereof two new sections
9	9	relating to the sale of lands with delinquent property taxes.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Sections 140.170 and 140.190, RSMo, are 1
13	13	repealed and two new sections enacted in lieu thereof, to be 2
14	14	known as sections 140.170 and 140.190, to read as follows:3
15	15	140.170. 1. Except for lands described in subsection 1
16	16	7 of this section, the coun ty collector shall cause a copy 2
17	17	of the list of delinquent lands and lots to be printed in 3
18	18	some newspaper of general circulation published in the 4
19	19	county for three consecutive weeks, one insertion weekly, 5
20	20	before the sale, the last insertion to be at leas t fifteen 6
21	21	days prior to the fourth Monday in August. 7
22	22	2. In addition to the names of all record owners or 8
23	23	the names of all owners appearing on the land tax book it is 9
24	24	only necessary in the printed and published list to state in 10
25	25	the aggregate the amount of taxes, penalty, interest and 11
26	26	cost due thereon, each year separately stated. 12
27	27	3. To the list shall be attached and in like manner 13
28	28	printed and published a notice of said lands and lots 14
29	29	stating that said land and lots will be sold at public 15
30	30	auction to discharge the taxes, penalty, interest, and costs 16
31	31	due thereon at the time of sale in or adjacent to the 17
32	32	courthouse of such county, on the fourth Monday in August 18 SB 1144 2
33	33	next thereafter, commencing at ten o'clock of said day and 19
34	34	continuing from day to day thereafter until all are 20
35	35	offered. Such auction may also be conducted by electronic 21
36	36	media, including the internet, at the same time and at the 22
37	37	discretion of the county collector. 23
38	38	4. The county collector, on or before the day of sale, 24
39	39	shall insert at the foot of the list on his or her record a 25
40	40	copy of the notice and certify on his or her record 26
41	41	immediately following the notice the name of the newspaper 27
42	42	of the county in which the notice was printed and published 28
43	43	and the dates of insertion s thereof in the newspaper. 29
44	44	5. The expense of such printing shall be paid out of 30
45	45	the county treasury and shall not exceed the rate provided 31
46	46	for in chapter 493, relating to legal publications, notices 32
47	47	and advertisements, and the cost of printing at the rate 33
48	48	paid by the county shall be taxed as part of the costs of 34
49	49	the sale of any land or lot contained in the list. 35
50	50	6. The county collector shall cause the affidavit of 36
51	51	the printer, editor or publisher of the newspaper in which 37
52	52	the list of delinquent lands and notice of sale was 38
53	53	published, as provided by section 493.060, with the list and 39
54	54	notice attached, to be recorded in the office of the 40
55	55	recorder of deeds of the county, and the recorder shall not 41
56	56	charge or receive any fees for recording the same. 42
57	57	7. The county collector may have a separate list of 43
58	58	such lands, without legal descriptions or the names of the 44
59	59	record owners, printed in a newspaper of general circulation 45
60	60	published in such county for three consecutive weeks before 46
61	61	the sale of such lands for a parcel or lot of land that: 47
62	62	(1) Has an assessed value of one thousand five hundred 48
63	63	dollars or less and has been advertised previously; or 49 SB 1144 3
64	64	(2) Is a lot in a development of twenty or more lots 50
65	65	and such lot has an assess ed value of one thousand five 51
66	66	hundred dollars or less. 52
67	67	The notice shall state that legal descriptions and the names 53
68	68	of the record owners of such lands shall be posted at any 54
69	69	county courthouse within the county and the office of the 55
70	70	county collector. 56
71	71	8. If, in the opinion of the county collector, an 57
72	72	adequate legal description of the delinquent land and lots 58
73	73	cannot be obtained through researching the documents 59
74	74	available through the recorder of deeds, the collector may 60
75	75	commission a professional land surveyor to prepare an 61
76	76	adequate legal description of the delinquent land and lots 62
77	77	in question. The costs of any commissioned land survey 63
78	78	deemed necessary by the county collector shall be taxed as 64
79	79	part of the costs of the sale of any land or lots contained 65
80	80	in the list prepared under this section. 66
81	81	140.190. 1. On the day mentioned in the notice, the 1
82	82	county collector shall commence the sale of such lands, and 2
83	83	shall continue the same from day to day until each parcel 3
84	84	assessed or belonging to each person assessed shall be sold 4
85	85	as will pay the taxes, interest and charges thereon, or 5
86	86	chargeable to such person in said county. 6
87	87	2. The person or land bank agency offering at said 7
88	88	sale, whether in person or by electronic media, to pay the 8
89	89	required sum for a tract shall be considered the purchaser 9
90	90	of such land; provided, no sale shall be made to any person 10
91	91	or designated agent who is currently delinquent on any tax 11
92	92	payments on any property, other than a delinquency on the 12
93	93	property being offered for sale, and who does not sign an 13
94	94	affidavit stating such at the time of sale. Failure to sign 14 SB 1144 4
95	95	such affidavit as well as signing a false affidavit may 15
96	96	invalidate such sale. No bid shall be received from any 16
97	97	person not a resident o f the state of Missouri or a foreign 17
98	98	corporation or entity all deemed nonresidents. A 18
99	99	nonresident shall file with said collector an agreement in 19
100	100	writing consenting to the jurisdiction of the circuit court 20
101	101	of the county in which such sale shall be made , and also 21
102	102	filing with such collector an appointment of some citizen of 22
103	103	said county as agent of said nonresident, and consenting 23
104	104	that service of process on such agent shall give such court 24
105	105	jurisdiction to try and determine any suit growing out of or 25
106	106	connected with such sale for taxes. After the delinquent 26
107	107	auction sale, any certificate of purchase shall be issued to 27
108	108	the agent. After meeting the requirements of section 28
109	109	140.405, the property shall be conveyed to the agent on 29
110	110	behalf of the nonresiden t, and the agent shall thereafter 30
111	111	convey the property to the nonresident. 31
112	112	3. All such written consents to jurisdiction and 32
113	113	selective appointments shall be preserved by the county 33
114	114	collector and shall be binding upon any person or 34
115	115	corporation claiming under the person consenting to 35
116	116	jurisdiction and making the appointment herein referred to; 36
117	117	provided further, that in the event of the death, disability 37
118	118	or refusal to act of the person appointed as agent of said 38
119	119	nonresident the county clerk shall be come the appointee as 39
120	120	agent of said nonresident. 40
121	121	4. No person residing in any home rule city with more 41
122	122	than seventy-one thousand but fewer than seventy -nine 42
123	123	thousand inhabitants shall be eligible to offer to purchase 43
124	124	lands under this section unle ss such person has, no later 44
125	125	than ten days before the sale date, demonstrated to the 45
126	126	satisfaction of the official charged by law with conducting 46 SB 1144 5
127	127	the sale that the person is not the owner of any parcel of 47
128	128	real property that has two or more violations of the 48
129	129	municipality's building or housing codes. A prospective 49
130	130	bidder may make such a demonstration by presenting 50
131	131	statements from the appropriate collection and code 51
132	132	enforcement officials of the municipality. This subsection 52
133	133	shall not apply to any tax ing authority or land bank agency, 53
134	134	and entities shall be eligible to bid at any sale conducted 54
135	135	under this section without making such a demonstration. 55
136	136	