Effective - 28 Aug 2019
82.462. Abandoned property, right to enter by nonowners and lienholders, purpose — immunity from liability, when — abandoned property defined — applicability to certain cities and county. — 1. Except as provided in subsection 3 of this section, a person who is not the owner of real property or who is a creditor holding a lien interest on the property, and who suspects that the real property may be abandoned may enter upon the premises of the real property, without having a right to a mechanics lien pursuant to section 429.010, to do the following:
(1) Without entering any structure located on the real property, visually inspect the real property to determine whether the real property may be abandoned;
(2) Upon a good faith determination based upon the inspection that the property is abandoned, perform any of the following actions:
(a) Secure the real property;
(b) Remove trash or debris from the grounds of the real property;
(c) Landscape, maintain, or mow the grounds of the real property;
(d) Remove or paint over graffiti on the real property.
2. A person who enters upon the premises and conducts the actions permitted in subsection 1 of this section and who makes a good faith determination based upon the inspection that the property is abandoned shall be:
(1) Immune from claims of civil and criminal trespass and all other civil liability therefor, unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct;
(2) Barred from bringing a civil action against the property owner seeking damages as a result of physical injury, unless the property owner's act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.
3. In the case of real property that is subject to a mortgage or deed of trust, the creditor holding the debt secured by the mortgage or deed of trust may not enter upon the premises of the real property under subsection 1 of this section if entry is barred by an automatic stay issued by a bankruptcy court.
4. As used in this section, "abandoned property" shall mean:
(1) A vacant, unimproved lot zoned residential or commercial for which the owner is in violation of a county or municipal nuisance or property maintenance ordinance; or
(2) With respect to actions taken pursuant to this section by a creditor holding a lien interest in the property, a property which contains a structure or building which has been continuously unoccupied by persons legally entitled to possession for at least six months prior to entry under this section and the creditor's debt secured by such lien interest has been continuously delinquent for not less than three months; or
(3) With respect to actions taken pursuant to this section by persons other than creditors, a property which contains a structure or building which has been continuously unoccupied by persons legally entitled to possession for at least six months prior to entry under this section, and for which the owner is in violation of a county or municipal nuisance or property maintenance ordinance, and for which either:
(a) Ad valorum property taxes are delinquent; or
(b) The property owner has failed to comply with any county or municipal ordinance requiring registration of vacant property, or the county or municipality has determined the structure to be uninhabitable due to deteriorated conditions.
5. This section shall apply only to real property located in any home rule city with more than four hundred thousand inhabitants and located in more than one county, in any county with a charter form of government and with more than nine hundred fifty thousand inhabitants, in any home rule city with more than one hundred sixteen thousand but fewer than one hundred fifty-five thousand inhabitants, and in any city not within a county.
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(L. 2019 S.B. 203)
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 82 - Constitutional Charter Cities (Home Rule)
Section 82.010 - Certain cities declared constitutional charter cities.
Section 82.020 - Constitutional charter, certain cities and towns may adopt or amend, procedure.
Section 82.040 - Officers, tenure upon adoption of charter — vacancy in office, how filled.
Section 82.050 - Consistent ordinances to remain in force.
Section 82.060 - Adoption not to affect existing rights.
Section 82.070 - Accrued rights or penalties not affected by adoption.
Section 82.080 - Tax liens on realty vested in city.
Section 82.090 - Extension of limits.
Section 82.100 - Annexed territory to be divided into wards.
Section 82.110 - City may be redistricted, when.
Section 82.120 - Redistricting ordinance to be published.
Section 82.130 - Redistricting not to affect eligibility of electors.
Section 82.133 - Disincorporation of charter or home rule cities--election, ballot language.
Section 82.136 - Contractual rights not invalidated by dissolution.
Section 82.139 - Dissolution — trustee appointed — oath — bond.
Section 82.142 - Dissolution — powers of trustee.
Section 82.145 - Dissolution — employment of counsel, when — compensation of trustee.
Section 82.150 - Wards to be of adjacent territory — numbering.
Section 82.160 - Election — new ward.
Section 82.170 - Redistricting not to affect term of office of incumbent.
Section 82.180 - Providing for nominations and the form of ballot.
Section 82.190 - City has exclusive control of public highways.
Section 82.200 - Attestation of ordinances — evidence, when.
Section 82.210 - Action for damages maintained, how.
Section 82.220 - Bonds in judicial proceedings.
Section 82.230 - Regulation of public franchises.
Section 82.240 - Parks, cemeteries may be provided for.
Section 82.250 - Certain cities may acquire subways.
Section 82.260 - May operate, lease and regulate subways.
Section 82.270 - May issue subway revenue bonds.
Section 82.280 - Certain county officers to perform duties for cities, when — compensation.
Section 82.290 - Certain officers to administer oaths free.
Section 82.300 - Certain cities may enact ordinances, purposes, punishments (including Kansas City).
Section 82.310 - License collector.
Section 82.320 - Word license construed.
Section 82.330 - License collector, election, term, oath, bond — vacancy.
Section 82.340 - Powers and duties of license collector — duties may not be altered.
Section 82.350 - List of licenses to be maintained.
Section 82.360 - Procedure in obtaining and granting license.
Section 82.370 - Separate records to be kept — open to inspection.
Section 82.400 - Collector to make weekly payments to city treasurer — duty of treasurer.
Section 82.410 - Powers and duties of certain officers transferred to license collector.
Section 82.420 - Public market.
Section 82.430 - Business to be regulated, rental fixed.
Section 82.440 - When not to sell marketplaces now owned.
Section 82.450 - Corporation may condemn land for marketplaces, when.
Section 82.460 - Streetcar gates, passengers, regulation.
Section 82.470 - Parking lots and buildings — St. Louis may acquire, lease — limitations on use.
Section 82.480 - Financing of parking lots, methods.
Section 82.490 - City treasurer — commission — term — vacancy, how filled.
Section 82.500 - City treasurer — bond.
Section 82.510 - General duties.
Section 82.515 - City treasurer, supervision of parking meters — term.
Section 82.516 - City treasurer, additional compensation.
Section 82.520 - Compensation of city treasurer (St. Louis City).
Section 82.530 - Deputies and clerks.
Section 82.540 - Assessment division.
Section 82.550 - Assessor appointed by mayor — term.
Section 82.560 - Assessor — qualifications — compensation — duties — oath.
Section 82.570 - Costs and expenses of assessments, how paid.
Section 82.580 - Deputy assessors — qualifications — powers — oath — duties.
Section 82.590 - Bonds of assessors and deputies.
Section 82.599 - Collector of revenue, compensation (St. Louis City).
Section 82.605 - Compensation for collecting earnings tax.
Section 82.607 - Additional duty, financial report.
Section 82.630 - Appointment of additional clerical help.
Section 82.640 - Deputies' oath and bond.
Section 82.650 - Fees to be collected.
Section 82.660 - Annual settlement of fees.
Section 82.670 - Who to pay in case fees are insufficient for the maintenance of office.
Section 82.680 - Other compensation abolished.
Section 82.690 - Coroner's inquest costs to be paid out of city treasury.
Section 82.700 - Duties of county commission — who to perform in St. Louis.
Section 82.710 - Duties of county clerk to be performed by the register.
Section 82.715 - Board of aldermen may pay additional compensation to certain officials, when.
Section 82.790 - Certain cities may condemn property outside city.
Section 82.800 - Condemnation proceedings — manner — where.
Section 82.815 - Number of days city offices to remain open, how set.
Section 82.817 - Designated agents for certain landowners within St. Louis City — penalty.
Section 82.875 - Police services sales tax — vote required — fund created, use of moneys.
Section 82.1000 - Forfeiture of motor vehicles, power to enact ordinances, requirements, procedure.
Section 82.1027 - Definitions.
Section 82.1031 - Action prohibited if owner in good faith compliance.