HOUSE BILL NO. 3358 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOVIS.
6953H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 442, RSMo, by adding thereto one new section relating to the sale of property with a prescriptive easement for public use.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be 2 known as section 442.021, to read as follows: 442.021. 1. As used in this section, "person" means any individual, corporation, 2 association, partnership, or other entity. 3 2. Notwithstanding any provision of law, if an individual sells his or her property 4 to a person and there is a prescriptive easement for public use on the property being 5 sold, such easement shall not automatically transfer with the property binding the 6 person purchasing the property. However, a prescriptive easement for public use may 7 be reestablished on the property purchased as provided under subsection 3 of this 8 section. 9 3. A prescriptive easement for public use may be reestablished for property 10 purchased as provided under subsection 2 of this section if it can be demonstrated that 11 public use of the property was continuous, uninterrupted, visible, and adverse for a 12 period of ten years. 13 4. The ten-year period for reestablishment shall restart with each person who 14 purchases the property, and the person may prevent the reestablishment through oral 15 statements or through signage. ✔
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
Statutes affected: