Missouri Revised Statutes













Chapter 49

County Commissions and County Buildings

←49.280

Section 49.285.1

49.287→

August 28, 2015

County not to own real estate in other counties, exceptions--sheriff's sale--restrained by circuit court, when.

49.285. 1. It shall be unlawful for any county of the third or fourth

class to own real estate situated in any other county of this state other

than a county which adjoins it after five years from October 13, 1963, or

after five years from the date of acquisition of the real estate, whichever

date last occurs. If any county subject to these provisions fails to dispose

of such real estate within that time, the sheriff of the county in which the

land is located shall take possession of the real estate and sell it at

public auction from the place where and at the hour when partition sales are

normally conducted after giving notice of the sale in the manner prescribed

for partition sales both in the county where the land is located and in the

county owning the real estate. Proceeds from the sale shall first be applied

to paying the costs of notices herein prescribed, then to a sheriff's sale fee

not to exceed one hundred dollars and approved by the circuit court of the

county wherein the real estate is located, then to the county owning the real

estate. However, all oil, gas and mineral rights shall be reserved to the

county when said real estate is sold. The county may, however, lease said

rights to third parties and the oil, gas and minerals sold under said lease

shall revert to the general revenue fund of the county.



2. The circuit court of the county wherein the real estate is situated

may upon the application of the county commission owning the real estate and

for good cause shown restrain the sheriff of the county from proceeding with

the provisions of subsection 1 for such time as may be reasonable if it

appears that the county owning the real estate has entered into a valid

contract for the sale of the real estate which will be completed within a

reasonable time after the five-year limit set forth above.



(L. 1963 p. 108 § 1, A.L. 1983 S.B. 219)



Effective 1-1-85







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