Effective - 01 Jan 1985
49.285. County not to own real estate in other counties, exceptions — sheriff's sale — restrained by circuit court, when. — 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.
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(L. 1963 p. 108 § 1, A.L. 1983 S.B. 219)
Effective 1-01-85
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 49 - County Commissions and County Buildings
Section 49.020 - Election — term of office — residence.
Section 49.050 - Commissioners to be commissioned by governor.
Section 49.097 - Additional duties of county commissioners (second class counties).
Section 49.101 - Vacancies, interim county officials appointed, when — expiration.
Section 49.130 - Passports, processing of applications, commission may provide service, when — fees.
Section 49.140 - County commissioners prohibited from doing certain things.
Section 49.150 - Penalty for violating section 49.140.
Section 49.160 - Who shall hold meetings when majority of commissioners are absent.
Section 49.170 - Terms of commission, when held.
Section 49.180 - Special terms.
Section 49.190 - Notice for special term.
Section 49.200 - Adjourned terms.
Section 49.210 - County commission may award process.
Section 49.220 - Proceeds before county commission may be transferred to circuit court, when.
Section 49.225 - Stenographic record.
Section 49.260 - Settlements with county treasurers and other officers.
Section 49.264 - County commission may grant easements to watershed subdistricts.
Section 49.270 - County commission to control county property — to audit demands against county.
Section 49.278 - Governing body may provide certain benefits for county employees, procedure.
Section 49.280 - Ex officio commissioner to sell county lands — deeds by.
Section 49.287 - County may lease property — procedures (certain first class counties).
Section 49.290 - Lands sold by the county — procedure to obtain deed.
Section 49.300 - County commission may institute condemnation proceedings — power of circuit court.
Section 49.305 - Sites for courthouse, jail, may acquire — funds from which payment authorized.
Section 49.320 - County commission may order buildings erected.
Section 49.330 - Superintendent, appointment, compensation.
Section 49.370 - Site for county building.
Section 49.390 - Circuit court to examine title.
Section 49.400 - County commission to pay for building site, when.
Section 49.410 - Plan of building to be submitted.
Section 49.420 - Advertisement for bids — may let at private contract, when.
Section 49.430 - Bond of contractor.
Section 49.440 - Superintendent to supervise work and report progress.
Section 49.450 - Payments to contractor, when made.
Section 49.460 - Order of payment, when made.
Section 49.470 - County commission may alter and repair county buildings, when.
Section 49.480 - Insurance of courthouses and jails — disposition of proceeds.
Section 49.490 - Damages recoverable for injuring county property.
Section 49.500 - County contracts to be inquired into on petition.
Section 49.510 - County to provide and equip offices.
Section 49.520 - Acquisition, erection or expansion of county buildings authorized, when.
Section 49.525 - Issuance of bonds — ordinance required, contents.
Section 49.530 - Interest rate and maturity of bonds.
Section 49.535 - Bonds negotiable and tax free — method of sale — payable from revenue only.
Section 49.540 - Obligation of county for rent or charges, limits — right to use building.
Section 49.545 - Application of proceeds of bonds.
Section 49.550 - Lien on buildings and land — rights of bondholders.
Section 49.555 - Receiver on default in payment of bonds.
Section 49.560 - Revenues placed in special fund — use — rentals, rates and charges.
Section 49.565 - Surplus in fund, disposition of.
Section 49.570 - Additional bonds — refunding bonds.
Section 49.575 - Administration of buildings and income, obligation of bonds.
Section 49.580 - This method of acquisition additional, not exclusive.
Section 49.605 - Permits, authorized requirements for applicant.
Section 49.610 - Variances may be granted by county commission, when.
Section 49.615 - Judicial review of all final decisions, orders and actions, when.