Section 82.462

Title VII CITIES, TOWNS AND VILLAGES

Chapter 82

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)