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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

 Chapter 442

previous next Effective - 11 Oct 2013, see footnotebottom

  *442.576.  Duties of director of agriculture and attorney general — court to order divestiture — when to be accomplished — failure. — 1.  If the director finds that an alien or foreign business or an agent, trustee, or other fiduciary therefor has acquired agricultural land in Missouri in violation of sections 442.560 to 442.592, or the land ceases to be used for nonagricultural purposes under section 442.591, he or she shall report the violation to the attorney general.

  2.  The attorney general shall institute an action in the circuit court of Cole County or the circuit court in any county in which agricultural land owned by the alien or foreign business, agent, trustee or other fiduciary, alleged to have violated sections 442.560 to 442.592, is located.

  3.  The attorney general shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of such agricultural lands is located.  If the court finds that the lands in question have been acquired in violation of sections 442.560 to 442.592, it shall enter an order so declaring and shall file a copy of the order with the recorder of deeds of each county in which any portion of the agricultural lands is located.  The court shall order the owner to divest himself of the agricultural land.  The owner must comply with the order within two years.  The two-year limitation period shall be a covenant running with the title to the land against any alien grantee or assignee.  Provided, however, an incorporated foreign business must divest itself of agricultural land within the minimum time required by Article XI, Section 5**, of the Missouri Constitution.  Any agricultural lands not divested within the time prescribed shall be ordered sold by the court at a public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.

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(L. 1978 S.B. 685 § 4, A.L. 2013 S.B. 9)

*Effective 10-11-13, see § 21.250.  S.B. 9 was vetoed July 2, 2013. The veto was overridden on September 11, 2013.

**Article XI, Section 5, was repealed August 2, 1988, HJR 80, Sec. 1.


---- end of effective   11 Oct 2013 ----

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