Effective - 28 Aug 1941
245.225. Suits and notices to be filed in recorder's office against last record owners. — 1. Whenever any levee district organized and existing under the provisions of what now appears as sections 245.010 to 245.280 shall hereafter institute an action, in the manner now provided by law, to enforce the collection of unpaid delinquent annual assessments levied by it, such district shall cause said action to be instituted against the last record owner or owners of the land against which the delinquent assessments sued for were levied, as shown by the records in the recorder's office of the county in which the land is located and shall also join as parties defendant the trustee and beneficiaries shown by all recorded deeds of trust, mortgages or vendors' liens, which create a lien on the land involved in any such suit that may be instituted and no other parties shall be necessary or required, except as herein provided.
2. On the same day that any such action shall be filed for and in behalf of any such district, its attorney, so filing such action shall also file in the recorder's office of the county where such land is located, a written notice, verified by him showing in tabulated form, the docket number of each of the respective suits that may be filed in the office of the clerk of the circuit court, the name of the plaintiff district, the names of all defendants in each suit filed, a description of the land included in each suit, the years in which the delinquent assessments were levied and the amount then due on each parcel of land described in said notice, when such suit was filed. Such notice shall be filed by the recorder and recorded by him in a well-bound book as other instruments are recorded in his office. The recorder shall be entitled to a fee of one dollar for filing and recording such notice, to be paid by district filing same. Such notice, when so filed, shall constitute due and proper notice to all parties, except those required to be made parties defendant as herein provided, then having or asserting, or who may subsequently acquire or assert any right, title, claim, or interest in and to said land, of the filing of said suit to enforce the collection of said special assessments, irrespective of whether any such parties then hold unrecorded conveyances affecting the title to the land included in such suit, including an assignment of any note secured by deed of trust, mortgage or vendor's lien on the said land, or whether they have acquired by conveyances some such right, title, claim and interest in and to said land, or an assignment of any note secured by deed of trust, mortgage or vendor's lien on said land, subsequent to the filing of said notice.
3. If any one shall, at the time of filing such suit and notice, hold an unrecorded instrument or conveyance affecting the title to the land included in such suit or if anyone shall acquire any such right, title, claim or interest in and to said land so included in any such suit, after the filing of said suit and notice, or if anyone shall become the assignee of notes secured by deeds of trust, mortgages or vendor's lien on the land included in any such suit, each of them shall have the right and it shall be their duty to intervene as parties defendant in any such suit so filed on or before the first day of the return term of the summons issued when said suit is filed, and make defense to said suit, if they so desire. Upon their failure so to do, they shall be bound by any judgment that may be rendered by the court in any said suit just as though they had been joined as defendants and served with process therein and their interest, if any, along with the interest of all named defendants in and to said land shall, if judgment be rendered for plaintiff, be sold on execution in the manner now provided by law, and all the right, title, claim and interest of all parties in and to said land shall pass to and be acquired by the purchaser of said land at the execution sale based upon the judgment obtained in said suit, unless said delinquent assessments so sued for shall have been previously paid.
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(L. 1941 p. 346 § 12547A)
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Section 245.010 - Definitions.
Section 245.020 - Circuit clerk to give notice by publication — form of notice — mailing required.
Section 245.030 - Adjacent districts may consolidate — petition, hearing and decree.
Section 245.035 - Time of corporate existence may be extended.
Section 245.040 - Districts may reorganize.
Section 245.050 - Notice of reorganization hearing.
Section 245.060 - Election of board of supervisors — term of office.
Section 245.075 - Supervisors to take oath.
Section 245.080 - Organization of board — to make annual report — compensation.
Section 245.095 - Powers and duties of supervisors.
Section 245.100 - Chief engineer appointed — duties.
Section 245.115 - Organization of board of commissioners.
Section 245.130 - Exceptions to commissioners' report heard and determined.
Section 245.135 - Court to declare corporation dissolved if costs exceed benefits.
Section 245.140 - Plan of reclamation may be changed — procedure.
Section 245.145 - Damages assessed must be paid before appropriating land.
Section 245.150 - Board to construct works — may let contracts for construction.
Section 245.160 - Board to employ attorney.
Section 245.165 - Board to keep record of proceedings — open to inspection.
Section 245.170 - Board to provide for compensation of employees and fees of officers.
Section 245.175 - Board to levy tax to pay cost of organization.
Section 245.185 - Annual installment of tax to be levied — when due — form of certificate of tax.
Section 245.190 - Board may make additional levy of tax.
Section 245.195 - Board may levy maintenance tax — unprotected lands not taxable.
Section 245.196 - Annual benefit fee, how levied, amount.
Section 245.198 - Tax levy, when — emergency levy of ten percent.
Section 245.199 - Additional bonds authorized when — how issued.
Section 245.210 - Levee tax delinquent December thirty-first — penalty.
Section 245.220 - Tax book to be prima facie evidence — suits for taxes brought in circuit court.
Section 245.225 - Suits and notices to be filed in recorder's office against last record owners.
Section 245.230 - Board may issue bonds — how funds are to be used.
Section 245.235 - Unpaid warrants to draw interest.
Section 245.240 - Surety bonds to be made payable to district.
Section 245.245 - Board to appoint inspectors — duties and powers of inspectors.
Section 245.255 - Change of venue.
Section 245.260 - Action not to abate by reason of death of party.
Section 245.265 - Appeal not to act as supersedeas.
Section 245.270 - Liability of reorganized district.
Section 245.275 - Procedure in dissolving levee district.
Section 245.280 - Sections construed — existing rights not to be affected.
Section 245.290 - County commissions may establish levee districts.
Section 245.295 - Districts may be formed at regular meetings of governing body.
Section 245.300 - Notice to be given — mailing required.
Section 245.305 - Lands subject to overflow may be included in levee district.
Section 245.310 - Extending levees and levee districts.
Section 245.315 - Existing levee districts may organize under this law.
Section 245.320 - Change of organization to be submitted to an election.
Section 245.325 - Simple majority to decide election.
Section 245.330 - Effect of reorganization of old districts.
Section 245.335 - Board of directors of levees appointed by county commission.
Section 245.340 - Oath of directors.
Section 245.345 - Board to organize.
Section 245.350 - Majority of board a quorum.
Section 245.355 - Duties of president and secretary.
Section 245.360 - Pay of directors.
Section 245.365 - Board to determine what work is necessary.
Section 245.370 - Work to be let to lowest bidder.
Section 245.375 - Contractors to give bond.
Section 245.380 - Board to supervise work.
Section 245.385 - Board to secure right-of-way.
Section 245.390 - Board to act with United States agencies.
Section 245.395 - Board to publish statement of work done.
Section 245.400 - Board may change location of levee.
Section 245.405 - Levees may be used as roadbeds and roadbeds may be used as levees.
Section 245.410 - Duty of railroads, when levee passes along embankment.
Section 245.415 - Railroads to continue levee.
Section 245.430 - Private roadways to have approaches.
Section 245.445 - Board to assess levee fund tax.
Section 245.450 - Assessment of overflowed lands.
Section 245.455 - Lands to be entered on book for that purpose.
Section 245.460 - Levee assessment books returned to whom — meeting of landowners.
Section 245.465 - County board of equalization to have jurisdiction over lands.
Section 245.470 - Landowners to determine work to be done.
Section 245.475 - Board to order rate percent levee assessment — annual installment payments.
Section 245.480 - Additional taxes for enlarging and strengthening levee.
Section 245.485 - Additional tax may be ordered when costs exceed estimates.
Section 245.490 - Board may borrow money.
Section 245.495 - Board may issue warrants.
Section 245.500 - Form of warrants.
Section 245.505 - Sinking fund moneys may be invested.
Section 245.515 - County treasurer to be treasurer of board.
Section 245.520 - Compensation of engineers and other officers and employees.
Section 245.525 - Herding livestock on levee prohibited.
Section 245.530 - Penalty for failure of road overseers to keep road crossings in repair.
Section 245.540 - Commissions may appropriate swamplands.
Section 245.545 - Circuit judge to give penal sections in charge to grand jury.