reglab/housing_qa huggingface dataset:
MO Rev Stat § 528.710 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.710 - Complaint, act not to limit method of service — posting of sign on property, when.

Effective - 28 Aug 2019   528.710. Complaint, act not to limit method of service — posting of sign on property, when. — 1. Sections 528.700 to 528.750 shall not limit or affect the method by which service of a complaint in a partition action may be made.  2. If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs' property, the plaintiff, no later than ten days after the court's determination, shall post and maintain, while the action is pending, a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.715 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.715 - Appointment of commissioners, shall be disinterested and impartial, and not a party to action.

Effective - 28 Aug 2019   528.715. Appointment of commissioners, shall be disinterested and impartial, and not a party to action. — If the court appoints commissioners under supreme court rule 96, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in supreme court rule 96, shall be disinterested and impartial and not a party to or a participant in the action. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.720 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.720 - Heir's property, procedure.

Effective - 28 Aug 2019   528.720. Heir's property, procedure. — 1. Except as otherwise provided in subsections 2 and 3 of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering a certified appraisal under subsection 4 of this section.  2. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.  3. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.  4. If the court orders a certified appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.  5. If an appraisal is conducted under subsection 4 of this section, no later than ten days after the appraisal is filed, the court shall send notice to each party with a known address, stating:  (1) The appraised fair market value of the property;  (2) That the appraisal is available at the clerk's office; and  (3) That a party may file with the court an objection to the appraisal no later than thirty days after the notice is sent stating the grounds for the objection.  6. If an appraisal is filed with the court under subsection 4 of this section, the court shall conduct a hearing to determine the fair market value of the property no sooner than thirty days after a copy of the notice of the appraisal is sent to each party under subsection 5 of this section regardless of whether an objection to the appraisal is filed under subdivision (3) of subsection 5 of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.  7. After a hearing under subsection 6 of this section but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.730 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.730 - Interests not purchased by cotenants, options.

Effective - 28 Aug 2019   528.730. Interests not purchased by cotenants, options. — 1. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under section 528.725, or, if after conclusion of the buyout under section 528.725, a cotenant that has requested partition in kind remains, the court shall order partition in kind unless the court, after consideration of the factors listed in section 528.735, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.  2. If the court does not order partition in kind under subsection 1 of this section, the court shall order partition by sale under section 528.740 or, if no cotenant requested partition by sale, the court shall dismiss the action.  3. If the court orders partition in kind under subsection 1 of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, shall make the partition in kind just and proportionate in value to the fractional interests held.  4. If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out under section 528.725, a part of the property representing the combined interests of these cotenants as determined by the court, and that part of the property shall remain undivided. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.735 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.735 - Partition in-kind, prejudice to cotenants as a group, remedy.

Effective - 28 Aug 2019   528.735. Partition in-kind, prejudice to cotenants as a group, remedy. — 1. In determining, under subsection 1 of section 528.730, whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:  (1) Whether the heirs' property practicably can be divided among the cotenants;  (2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;  (3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;  (4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;  (5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;  (6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and  (7) Any other relevant factor.  2. The court shall not consider any one factor in subsection 1 of this section to be dispositive without weighing the totality of all relevant factors and circumstances. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.740 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.740 - Sale of heir's property, requirements.

Effective - 28 Aug 2019   528.740. Sale of heir's property, requirements. — 1. If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.  2. If the court orders an open-market sale and the parties, no later than ten days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. If the court finds that an auction company is more advantageous to the cotenants as a group, it has the discretion to appoint an auction company to conduct the sale required under this subsection.  3. If the broker appointed under subsection 2 of this section obtains within a reasonable time an offer to purchase the property for at least the determination of value:  (1) The broker shall comply with the reporting requirements in section 528.745; and  (2) The sale may be completed in accordance with state law other than sections 528.700 to 528.750.  4. If the broker appointed under subsection 2 of this section does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:  (1) Approve the highest outstanding offer, if any;  (2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or  (3) Order that the property be sold by sealed bids or at an auction.  5. If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders a sale, the sale shall be conducted under supreme court rule 96.  6. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.745 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.745 - Broker to file report, when, contents.

Effective - 28 Aug 2019   528.745. Broker to file report, when, contents. — 1. Unless required to do so within a shorter time by supreme court rule 96, a broker appointed under subsection 2 of section 528.740 to offer heirs' property for open-market sale shall file a report with the court no later than seven days after receiving an offer to purchase the property for at least the value determined under section 528.720 or 528.740.  2. The report required under subsection 1 of this section shall contain the following information:  (1) A description of the property to be sold to each buyer;  (2) The name of each buyer;  (3) The proposed purchase price;  (4) The terms and conditions of the proposed sale, including the terms of any owner financing;  (5) The amounts to be paid to lienholders;  (6) A statement of contractual or other arrangements or conditions of the broker's commission; and  (7) Other material facts relevant to the sale. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 528.750 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 528 - Partition Suits|Section 528.750 - Construction of act, promotion of uniformity of law to be considered.

Effective - 28 Aug 2019   528.750. Construction of act, promotion of uniformity of law to be considered. — In applying and construing sections 528.700 to 528.750, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such substantially similar provisions. ­­-------- (L. 2019 S.B. 83)
MO Rev Stat § 529.010 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.010 - Return made to first writ.

Effective - 28 Aug 1939   529.010. Return made to first writ. — Where any writ of mandamus shall be issued out of any court in this state, or by any judge thereof in vacation, directed and delivered to any person who, by law, is required to make return of such writ, such person shall make his return to the first writ of mandamus. ­­-------- (RSMo 1939 § 1696)  Prior revisions: 1929 § 1532; 1919 § 1982; 1909 § 2546
MO Rev Stat § 529.020 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.020 - Person suing out writ to plead to return.

Effective - 28 Aug 1939   529.020. Person suing out writ to plead to return. — When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts contained in such return. ­­-------- (RSMo 1939 § 1697)  Prior revisions: 1929 § 1533; 1919 § 1983; 1909 § 2547
MO Rev Stat § 529.030 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.030 - Persons making returns shall reply.

Effective - 28 Aug 1949   529.030. Persons making returns shall reply. — The persons making such return shall reply, take issue or direct a motion to the pleading of the party suing out or prosecuting such writ. ­­-------- (RSMo 1939 § 1698, A. 1949 H.B. 2130)  Prior revisions: 1929 § 1534; 1919 § 1984; 1909 § 2548
MO Rev Stat § 529.040 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.040 - Proceedings therein.

Effective - 28 Aug 1939   529.040. Proceedings therein. — Such further proceedings shall be had therein for the determination thereof, and in such manner as might be had if the person suing out such writ had brought his civil action for false return. ­­-------- (RSMo 1939 § 1699)  Prior revisions: 1929 § 1535; 1919 § 1985; 1909 § 2549
MO Rev Stat § 529.050 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.050 - Issues to be tried, in what court.

Effective - 28 Aug 1939   529.050. Issues to be tried, in what court. — If any issue shall be joined upon such proceedings, the person suing out such writ shall try the same in the court from which such writ of mandamus issued. ­­-------- (RSMo 1939 § 1700)  Prior revisions: 1929 § 1536; 1919 § 1986; 1909 § 2550
MO Rev Stat § 529.060 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.060 - Damages recovered.

Effective - 28 Aug 1949   529.060. Damages recovered. — In case a verdict shall be found for the person suing out such writ, or judgment be given for him on motion to dismiss, or by nihil dicit, or for want of a replication or other pleading, he shall recover his damages and costs, in such manner as he might do in a civil action for a false return, and the same may be levied by execution, as in other cases. ­­-------- (RSMo 1939 § 1701, A. 1949 H.B. 2130)  Prior revisions: 1929 § 1537; 1919 § 1987; 1909 § 2551
MO Rev Stat § 529.070 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.070 - Peremptory writ to issue.

Effective - 28 Aug 1939   529.070. Peremptory writ to issue. — A peremptory writ of mandamus shall be granted, without delay, for him for whom judgment shall be given, as might have been if such return had been adjudged insufficient. ­­-------- (RSMo 1939 § 1702)  Prior revisions: 1929 § 1538; 1919 § 1988; 1909 § 2552
MO Rev Stat § 529.080 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.080 - Costs, how adjudged.

Effective - 28 Aug 1939   529.080. Costs, how adjudged. — In case judgment shall be given for the person making the return to the writ, he shall recover his costs of suit, to be levied by execution as in other cases. ­­-------- (RSMo 1939 § 1703)  Prior revisions: 1929 § 1539; 1919 § 1989; 1909 § 2553
MO Rev Stat § 529.090 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.090 - Recovery a bar to further suit.

Effective - 28 Aug 1939   529.090. Recovery a bar to further suit. — If any damages shall be recovered, by virtue of this chapter, against any person making return to such writ, he shall not be liable to be sued in any other action or suit for making such return. ­­-------- (RSMo 1939 § 1704)  Prior revisions: 1929 § 1540; 1919 § 1990; 1909 § 2554
MO Rev Stat § 529.100 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 529 - Mandamus|Section 529.100 - Time allowed for making return and pleadings.

Effective - 28 Aug 1949   529.100. Time allowed for making return and pleadings. — The court issuing any writ of mandamus may allow the person to whom such writ shall be directed, or other person who shall sue out or prosecute the same, such convenient time, respectively, to make return, plead, answer, reply or direct a motion to a pleading, as to the court shall seem just and reasonable. ­­-------- (RSMo 1939 § 1705, A. 1949 H.B. 2130)  Prior revisions: 1929 § 1541; 1919 § 1991; 1909 § 2555
MO Rev Stat § 530.010 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.010 - Writ issued for what purposes.

Effective - 28 Aug 1939   530.010. Writ issued for what purposes. — The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law. ­­-------- (RSMo 1939 § 1773)  Prior revisions: 1929 § 1609; 1919 § 2057; 1909 § 2622  (1972) Preliminary writ of prohibition made absolute to prohibit judge from continuing broad protective order whereby answers to interrogatories relating to gross earnings, income tax returns and net worth of defendants in action for compensatory and punitive damages were ordered sealed until submissible case was made on issue of punitive damages, and to allow the plaintiff and his counsel of record to examine answers prior to trial. State ex rel. Kubatzky v. Holt (A.), 483 S.W.2d 799.
MO Rev Stat § 530.020 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.020 - What courts and judges may grant writ.

Effective - 02 Jan 1979   530.020. What courts and judges may grant writ. — The supreme court, and each division thereof, the court of appeals and the circuit courts, within their several jurisdictions, and also the judges of the supreme court and court of appeals and circuit judges to the extent herein provided in this chapter, shall have power to hear and determine proceedings in prohibition. ­­-------- (RSMo 1939 § 1774, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)  Prior revisions: 1929 § 1610; 1919 § 2058; 1909 § 2623  Effective 1-02-79
MO Rev Stat § 530.030 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.030 - Form of action — parties.

Effective - 28 Aug 1939   530.030. Form of action — parties. — The proceedings for this remedy shall be by a civil action, in which the moving party is plaintiff and the adverse party defendant, and shall otherwise conform, as nearly as practicable, to the code of civil practice, except as otherwise specially provided in this chapter. ­­-------- (RSMo 1939 § 1775)  Prior revisions: 1929 § 1611; 1919 § 2059; 1909 § 2624
MO Rev Stat § 530.040 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.040 - Petition — preliminary writ — proceedings.

Effective - 28 Aug 1939   530.040. Petition — preliminary writ — proceedings. — 1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall be heard in the first instance, on presentation, summarily, or upon such notice to the adverse party as the court or a judge thereof in vacation, may order.  2. And if upon such hearing the petition be held sufficient in law, and be supported by some persuasive evidence of its truth, the court, or judge in vacation, may, upon such terms as may be just, make a preliminary rule or order upon the defendant to show cause to the court upon a specified day why a final judgment in prohibition should not be entered, and commanding the defendant, if deemed necessary, to meanwhile refrain from all action in the premises until further order.  3. And such rule or order shall be served upon the defendant before the return day, in the mode provided for the service of process in other civil actions, unless otherwise prescribed by the court or judge, and a failure to obey such rule or order shall subject the defendant to the penalties of contempt. ­­-------- (RSMo 1939 § 1776)  Prior revisions: 1929 § 1612; 1919 § 2060; 1909 § 2625
MO Rev Stat § 530.050 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.050 - Pleadings.

Effective - 28 Aug 1949   530.050. Pleadings. — The defendant may direct a motion to the petition or make return to the preliminary order, and when the return is made the plaintiff may plead thereto, if desired, by way of reply, within such time as the court may direct. ­­-------- (RSMo 1939 § 1777, A. 1949 H.B. 2131)  Prior revisions: 1929 § 1613; 1919 § 2061; 1909 § 2626
MO Rev Stat § 530.060 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.060 - Cause to be heard, when — issues of fact, how triable.

Effective - 28 Aug 1939   530.060. Cause to be heard, when — issues of fact, how triable. — The cause shall be heard as soon as practicable after the issues are joined, and shall be triable in the same manner as other civil cases, except that in any of the appellate courts the latter may direct any specific issue or issues of fact to be tried in some circuit court, or before some judge thereof, or before a referee as provided by law, if deemed more convenient to the parties or the court; and in such event, a return of the proceedings of such trial shall be made to the appellate court, in such manner and time as the orders of the latter may require. ­­-------- (RSMo 1939 § 1778)  Prior revisions: 1929 § 1614; 1919 § 2062; 1909 § 2627
MO Rev Stat § 530.070 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 530 - Prohibition|Section 530.070 - Judgment, for what rendered — how enforced.

Effective - 28 Aug 1939   530.070. Judgment, for what rendered — how enforced. — Upon a hearing, the court in term may render final judgment on the merits and for the costs, as the facts may warrant, and may award and enforce full relief, conformable to the principles of law heretofore governing the remedy by prohibition, and such judgments may further be enforced in like manner as other judgments in civil actions. ­­-------- (RSMo 1939 § 1779)  Prior revisions: 1929 § 1615; 1919 § 2063; 1909 § 2628