Effective - 28 Aug 2019
140.985. Real property to be held in agency name — public inspection of inventory — transfer of property, requirements — proceeds of sales, use of. — 1. A land bank agency shall hold in its own name all real property acquired by such land bank agency irrespective of the identity of the transferor of such property.
2. A land bank agency shall maintain and make available for public review and inspection an inventory and history of all real property the land bank agency holds or formerly held. This inventory and history shall be available on the land bank agency's website and include at a minimum:
(1) Whether a parcel is available for sale;
(2) The address of the parcel if an address has been assigned;
(3) The parcel number if no address has been assigned;
(4) The year that a parcel entered the land bank agency's inventory;
(5) Whether a parcel has sold; and
(6) If a parcel has sold, the name of the person or entity to which it was sold.
3. The land bank agency shall determine and set forth in policies and procedures the general terms and conditions for consideration to be received by the land bank agency for the transfer of real property and interests in real property. Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property; contractual commitments of the transferee; and such other forms of consideration as the land bank agency determines to be in the best interest of its purpose.
4. A land bank agency may convey, exchange, sell, transfer, lease, grant, release and demise, pledge, and hypothecate any and all interests in, upon, or to property of the land bank agency. A land bank agency may gift any interest in, upon, or to property to the city that established the land bank agency.
5. A city may, in its resolution or ordinance creating a land bank agency, establish a hierarchical ranking of priorities for the use of real property conveyed by such land bank agency, subject to subsection 7 of this section, including, but not limited to:
(1) Use for purely public spaces and places;
(2) Use for affordable housing;
(3) Use for retail, commercial, and industrial activities;
(4) Use as wildlife conservation areas; and
(5) Such other uses and in such hierarchical order as determined by such city.
If a city, in its resolution or ordinance creating a land bank agency, establishes priorities for the use of real property conveyed by the land bank agency, such priorities shall be consistent with and no more restrictive than municipal planning and zoning ordinances.
6. The land bank agency may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of property by the land bank agency.
7. A land bank agency shall only accept written offers equal to or greater than the full amount of all tax bills, interest, penalties, attorney's fees, and costs on real property to purchase the real property held by the land bank agency.
8. When any parcel of real estate acquired by a land bank agency is sold or otherwise disposed of by such land bank agency, the proceeds therefrom shall be applied and distributed in the following order:
(1) To the payment of the expenses of the sale;
(2) To fulfill the requirements of the resolution, indenture, or other financing documents adopted or entered into in connection with bonds, notes, or other obligations of the land bank agency, to the extent that such requirements may apply with respect to such parcel of real estate;
(3) To the balance to be retained by the land bank agency to pay the salaries and other expenses of such land bank agency and of its employees as provided for in its annual budget; and
(4) Any funds in excess of those necessary to meet the expenses of the annual budget of the land bank agency in any fiscal year and a reasonable sum to carry over into the next fiscal year to assure that sufficient funds will be available to meet initial expenses for that next fiscal year, exclusive of net profit from the sale of ancillary parcels, shall be paid to the respective taxing authorities that, at the time of the distribution, are taxing the real property from which the proceeds are being distributed. The distributions shall be in proportion to the amounts of the taxes levied on the properties by the taxing authorities. Distribution shall be made on January first and July first of each year, and at such other times as the land bank agency may determine.
9. When any ancillary parcel is sold or otherwise disposed of by such land bank agency, the proceeds therefrom shall be applied and distributed in the following order:
(1) To the payment of all land taxes and related charges then due on such parcel;
(2) To the payment of the expenses of sale;
(3) To fulfill the requirements of the resolution, indenture, or other financing documents adopted or entered into in connection with bonds, notes, or other obligations of the land bank agency, to the extent that such requirements may apply with respect to such parcel of real estate;
(4) To the balance to be retained by the land bank agency to pay the salaries and other expenses of such land bank agency and of its employees as provided for in its annual budget; and
(5) Any funds in excess of those necessary to meet the expenses of the annual budget of the land bank agency in any fiscal year, and a reasonable sum to carry over into the next fiscal year to assure that sufficient funds will be available to meet initial expenses for that next fiscal year, shall be paid in accordance with subdivision (4) of subsection 8 of this section.
10. If a land bank agency owns more than five parcels of real property in a single city block and no written offer to purchase any of those properties has been submitted to the agency in the past twelve months, the land bank agency shall reduce its requested price for those properties and advertise the discount publicly.
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(L. 2019 H.B. 821)
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Chapter 140 - Collection of Delinquent Taxes Generally
Section 140.010 - County collector — enforcement of state's lien.
Section 140.030 - Collector to make delinquent lists.
Section 140.040 - Correction of delinquent lists by county commission — certified to whom.
Section 140.060 - Back tax book — contents — interest.
Section 140.070 - Delinquent real estate taxes extended into back tax book.
Section 140.080 - County clerk and collector, comparison of lists — clerk's certification.
Section 140.090 - Back tax book to be in alphabetical order.
Section 140.110 - Collection of back taxes, payments applied, how, exceptions — removal of lien.
Section 140.115 - Lien prohibited on property in back tax book, when.
Section 140.120 - May compromise back taxes.
Section 140.130 - Examination of back tax books by board of equalization.
Section 140.140 - Collector — reports.
Section 140.150 - Lands, lots, mineral rights, and royalty interests subject to sale, when.
Section 140.160 - Limitation of actions, exceptions — county auditor to annually audit.
Section 140.180 - Lawful abbreviations.
Section 140.195 - Entry on property not trespass, when.
Section 140.220 - County clerk to act as clerk of sale — fee.
Section 140.240 - Second offering of delinquent lands and lots.
Section 140.260 - Purchase by county or city, when — procedure.
Section 140.270 - Appointment of substitute or successor trustee — when and by whom.
Section 140.280 - Payment of total amount by purchaser — penalty for failure.
Section 140.290 - Certificate of purchase — contents — fee — nonresidents.
Section 140.300 - Collector, written guaranty — action on — damages.
Section 140.310 - Possession by purchaser, when — rents — rights of occupant and purchaser.
Section 140.320 - Payment of taxes by purchaser — forfeiture.
Section 140.330 - Suit to quiet title — duty of court where title invalid.
Section 140.340 - Redemption, when — manner.
Section 140.350 - Redemption by minors and incapacitated or disabled persons, when.
Section 140.360 - Redemption — compensation for improvements — limitations.
Section 140.370 - Redemption — record of sale.
Section 140.380 - Redemption by drainage, levee or improvement district — procedure.
Section 140.420 - Deed to purchaser if unredeemed.
Section 140.430 - Deed to heirs in case of purchaser's death.
Section 140.440 - Payment of taxes by holder of purchase certificate — subsequent certificate.
Section 140.450 - Cancellation and filing of certificate — proof of loss.
Section 140.460 - Execution of conveyance — form.
Section 140.470 - Variations from form.
Section 140.480 - Record of land sold kept by collector.
Section 140.490 - Action by damaged party against collector.
Section 140.500 - Mistake in name not to invalidate sale.
Section 140.510 - Form not to affect validity — presumption of validity.
Section 140.520 - Irregularity and omissions not to invalidate proceedings.
Section 140.530 - Invalidity of sale, when.
Section 140.540 - Invalidity of sale — refund of purchase money — tolling of statute.
Section 140.550 - Transfer of lien in case of invalid deed.
Section 140.560 - Release of lien by holder upon payment.
Section 140.570 - Lien in full force in certain cases when conveyance is invalid.
Section 140.580 - Action for the recovery of possession.
Section 140.590 - Suits against purchaser of tax lands to be brought within three years.
Section 140.600 - Suit to set aside tax deeds — actual tender not necessary.
Section 140.610 - Proof by claimant of invalidity of sale.
Section 140.620 - County records, prima facie evidence — moneys paid to successor.
Section 140.630 - Defendant may make claim for taxes paid — not to affect other defenses.
Section 140.640 - Personal judgments not authorized.
Section 140.665 - Law applies to counties and cities and certain officers.
Section 140.670 - City delinquent taxes, when returned — duties of collector.
Section 140.680 - Power to collect such taxes.
Section 140.690 - Such taxes a lien.
Section 140.710 - To be embodied in list with state and county taxes.
Section 140.720 - Collector to furnish statement to city — fees.
Section 140.722 - Conveyances subject to covenants and easements.
Section 140.730 - Procedure for collection of personal taxes.
Section 140.740 - Notification to delinquent taxpayer — fee.
Section 140.750 - Commission allowed on collection of revenue.
Section 140.850 - Contracts with private attorneys or collection agencies for assistance.
Section 140.980 - Citation of law — definitions.
Section 140.982 - Organization, duties, and powers.
Section 140.983 - Powers of land bank agency.
Section 140.984 - Agency income to be tax exempt — acquisition of property, requirements.
Section 140.987 - Sale of property, buyer must own for three years — violation, civil liability.
Section 140.991 - Annual audit, when — performance audit, when.
Section 140.997 - Meeting requirements.
Section 140.1003 - Agency to have complete control of property.
Section 140.1006 - Tax lien on agency property, taxing authority contribution authorized.
Section 140.1009 - Quiet title action permitted, procedure.
Section 140.1012 - Dissolution of agency, procedure.
Section 140.1015 - Eminent domain, agency not authorized to exercise — no power to tax.