Section 92.740

Title VII CITIES, TOWNS AND VILLAGES

Chapter 92

Effective - 28 Aug 2022, 2 histories   

  *92.740.  Petition, form, contents. — 1.  A suit for the foreclosure of the tax liens herein provided for shall be instituted by filing in the appropriate office of the circuit clerk and with the land reutilization authority a petition, which petition shall contain a caption, a copy of the list prepared by the collector, and a prayer.  Such petition without further allegation shall be deemed to be sufficient.

  2.  The caption shall be in the following form:

In the Circuit Court of _________ Missouri,

In the Matter of

Foreclosure of Liens for Delinquent Land Taxes

By Action in Rem.

Collector of Revenue of _________ , Missouri, Plaintiff

-vs-

Parcels of Land Encumbered with Delinquent Tax Liens, Defendants

  3.  The petition shall conclude with a prayer that all tax liens upon such real estate be foreclosed; that the court determine the amounts and priorities of all tax bills, together with interest, penalties, costs, and attorney's fees; that the court order such real estate to be sold by the sheriff at public sale as provided by sections 92.700 to 92.920 and that thereafter a report of such sale be made by the sheriff to the court for further proceedings under the provisions of sections 92.700 to 92.920.

  4.  The petition when so filed shall have the same force and effect with respect to each parcel of real estate therein described as a separate suit instituted to foreclose the tax lien or liens against any one of said parcels of real estate.

  5.  For each petition filed, the collector shall make available to the public a list detailing each parcel included in the suit.

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(L. 1971 H.B. 472 § 9, A.L. 2022 H.B. 1606 merged with H.B. 1662)

*Revisor's Note:  This section was amended identically by both H.B. 1606 and H.B. 1662, 2022.  In 2023, H.B. 1606 was declared unconstitutional (see annotation below).  The H.B. 1662 language remains in effect.

(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution.  The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety.  Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).