Effective - 02 Jan 1979
527.010. Scope. — The circuit courts of this state, within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
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(RSMo 1939 § 1126, A.L. 1978 H.B. 1634)
Effective 1-02-79
(1971) Petition by landowners for judicial declaration that defendant city was without right to extract the percolating waters for sale away from the premises when to do so would deprive plaintiffs, abutting landowners, of reasonable use of underground water for beneficial use of their own land and for injunction against city was sufficient as statement of claim for declaratory relief and to invoke trial court's equitable jurisdiction to consider request for injunction relief and should not have been dismissed without a hearing. Higday v. Nickolaus (A.), 469 S.W.2d 859.
(1974) Held that declaratory judgment is proper procedure for determining parentage and legal status of a child with regard to a natural or adoptive parent. S____ v. W____ (A.), 514 S.W.2d 848.
(1978) Held, it is not the purpose of declaratory judgment to allow prospective negligence action defendant to obtain a declaration of nonliability, though such action may be entertained in discretion of court. Campbell 66 Express v. Thermo King of Springfield (A.), 563 S.W.2d 776.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name
Section 527.020 - Power to construe.
Section 527.030 - Before breach.
Section 527.040 - Declaration of rights or legal relationships, right to obtain, when.
Section 527.050 - Enumeration not exclusive.
Section 527.060 - Discretionary.
Section 527.080 - Supplemental relief.
Section 527.120 - Construction.
Section 527.130 - "Person" defined.
Section 527.150 - Suits to determine interest and quiet title, how instituted — effect of judgment.
Section 527.160 - Practice to conform to code of civil procedure.
Section 527.170 - Costs in suits to determine interest and quiet title.
Section 527.180 - Suit to perfect title by limitation — proceedings.
Section 527.188 - Petition for vacation of abandoned easement.
Section 527.190 - Proceedings to establish title when records, deeds are lost or destroyed.
Section 527.200 - Publication of notice — proceedings.
Section 527.210 - Decree conclusive as to whom — prima facie as to whom.
Section 527.220 - Limitation — court may modify its decree, when.
Section 527.230 - Copy to be recorded, where — may be read in evidence.
Section 527.240 - Proceedings to conform to the rules in civil practice.
Section 527.250 - Form of publication notice.
Section 527.260 - Notice of lis pendens in equity action — recording.
Section 527.270 - Petition, where presented — contents — proceedings.
Section 527.280 - Fees to be paid by petitioner.
Section 527.290 - Notice of change to be given, when and how — not required, when.