Abandoned Property Bill Proposed in Missouri
December 7, 2017
Current Bill Summary
SB 780 – This act allows a person who is not the owner of real property in Kansas City or who is a creditor holding a lien interest on the property, and who suspects that the real property may be abandoned, to enter the premises to visually inspect the property to determine whether it is abandoned. If the person makes a good faith determination based on the inspection that the property is abandoned, the person may secure the property, remove trash or debris from the grounds, landscape, maintain, or mow the grounds, and remove or paint over graffiti. This act defines what it means for a property to be “abandoned”, and provides immunity for the person entering the property from claims of civil and criminal trespass and all other civil immunity unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.
This act specifies that, 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 the premises of the real property if entry is barred by an automatic stay issued by a bankruptcy court.
This act is identical to SB 299 (2017) and SB 742 (2016), and is substantially similar to SB 228 (2015).
Source: Missouri General Assembly (SB 780 full text)