reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.600 - Immunity from liability, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.600. Immunity from liability, when. —
1. A receiver appointed pursuant to sections 515.500 to 515.665, and the agents, attorneys, and employees of the receivership employed by the receiver pursuant to section 515.605 shall enjoy judicial immunity for acts and omissions arising out of and performed in connection with his or her official duties on behalf of the court and within the scope of his or her appointment. A person other than a successor receiver duly appointed by the court does not have a right of action against a receiver under this section to recover property or the value thereof for or on behalf of the estate except as provided in subsection 2 of this section. A successor receiver may recover only actual damages incurred by the receivership estate from a prior receiver.
2. A person, other than a successor receiver duly appointed by the court, shall not have the right to bring an action against a receiver or the agents, attorneys, and employees of the receivership employed by the receiver pursuant to section 515.605 for any act or omission while acting in the performance of their functions and duties in connection with the receivership unless such person first files a verified application with the appointing court requesting leave to bring such action and the court grants such application after notice and hearing. The appointing court shall only approve the application to bring claims against the receiver under this section upon a prima facie showing by the person making such request that the receiver's actions are not protected by the grant of immunity set forth in subsection 1 of this section. No other court apart from the appointing court shall have the authority to review or approve the application to bring claims against the receiver under this section.
3. If a person requests leave to bring claims under subsection 2 of this section and such leave is denied, the court shall grant judgment in favor of the receiver for the costs of the proceeding and reasonable attorney's fee if the court finds that the position of the person was not substantially justified.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.605 - Employment of professionals.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.605. Employment of professionals. —
1. The receiver, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons that do not hold or represent an interest adverse to the receivership to represent or assist the receiver in carrying out the receiver's duties.
2. A person is not disqualified for employment under this section solely because of the person's employment by, representation of, or other relationship with a creditor or other party in interest, if the relationship is disclosed in the application for the person's employment and if the court determines that there is no actual conflict of interest or inappropriate appearance of a conflict.
3. This section does not preclude the court from authorizing the receiver to act as attorney or accountant if the authorization is in the best interests of the receivership.
4. The receiver and any professionals employed by the receiver shall maintain itemized billing records containing a description of services, the time spent, billing rates of all who perform work to be compensated, and a detailed list of expenses. The receiver, and any professionals employed by the receiver may file a motion requesting the allowance of fees and expenses. Notice of the motion shall be served on all persons required to be identified on the master mailing list maintained pursuant to section 515.610, advising that objections to the application shall be filed within ten days from the date of the notice, and if objections are not timely filed, the court may approve the motion without further notice or hearing. If an objection is filed, the receiver or professional whose compensation is affected may notice the objection for a hearing. Upon request of any person required to receive notice pursuant to this subsection, the receiver and any professionals employed by the receiver shall provide a copy of their itemized billing records upon which their motion for fees and expenses is based within five days of the date of the request.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.615 - Claims administration process.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.615. Claims administration process. —
1. The claims administration process identified in this section shall be administered by a general receiver and may be ordered by the court to be administered by a limited receiver.
2. All claims, other than claims of duly perfected secured creditors, arising prior to the receiver's appointment shall be in the form required by this section and served and noticed as required by this section. Any claim not in the form required by this section and so served and noticed is barred from participating in any distribution to creditors.
3. Claims shall be served on the receiver within thirty days from the date notice is given under this section, unless the court reduces or extends the period for cause shown, except that a claim arising from the rejection of an executory contract or an unexpired lease of the debtor may be served within thirty days after the rejection. Claims by state agencies shall be served by such state agencies on the receiver within sixty days from the date notice is given by mail under this section.
4. Claims shall be in written form entitled "Proof of Claim", setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor's authorized agent. When a claim or an interest in estate property securing the claim is based on a writing, the original or a copy of the writing shall be included as a part of the proof of claim together with evidence of perfection of any security interest or other lien asserted by the claimant. Unless otherwise ordered by the court, creditors may amend such claims and such amendments shall relate back to the original filing of such claim.
5. Notices of claim shall be filed with the court. A notice shall be filed with the court relating to each served claim. A notice of claim shall not include the claim or supporting documentation served upon the receiver. A notice of claim shall include the name and address of the creditor asserting the claim, together with the name and address of the attorney, if any representing the creditor, the amount of the claim, whether or not the claim is secured or unsecured, and if secured, a brief description of any estate property and other collateral securing the claim.
6. A claim properly noticed, executed, and served in accordance with this section constitutes prima facie evidence of the validity and amount of the claim.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.620 - Objection to a claim, procedure.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.620. Objection to a claim, procedure. —
1. At any time prior to the entry of an order approving the general receiver's final report, the receiver or any party in interest may file with the court an objection to a claim, such objection shall be in writing and shall set forth the grounds for the objection to the claim. A copy of the objection shall be mailed to the creditor who shall have thirty days to file with the court any suggestions in support of the claim. Upon the filing of any suggestions in support of the claim, the court may adjudicate the claim objection or set a hearing relating to the claim objection. Claims that comply with the requirements of section 515.615 that are not disallowed by the court are entitled to share in distributions from the receivership in accordance with the priorities provided for by sections 515.500 to 515.665 or otherwise by law.
2. Upon order of the court, the general receiver, or any party in interest objecting to the creditor's claim, an objection may be subject to mediation prior to adjudication of the objection. However, state claims are not subject to mediation absent agreement of the state.
3. Upon motion of the general receiver or other party in interest, the following claims may be estimated for purpose of allowance under this section under the rules or orders applicable to the estimation of claims under this section:
(1) Any contingent or unliquidated claim, the fixing or liquidation of which, as the circumstance may be, would unduly delay the administration of the receivership; or
(2) Any right to payment arising from a right to an equitable remedy for breach of performance.
­­Claims subject to this subsection shall be allowed in the estimated amount thereof.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.630 - Secured claims permitted against estate property.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.630. Secured claims permitted against estate property. —
Except as otherwise provided for by statute, estate property acquired by the estate, the receiver, or the debtor of the receiver is subject to an allowed secured claim to the same extent as would exist in the absence of a receivership.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.635 - Noncontingent liquidated claims, interest allowed, rate.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2018, 2 histories
515.635. Noncontingent liquidated claims, interest allowed, rate. —
To the extent that funds are available in the estate for distribution to creditors in a general receivership, the holder of an allowed noncontingent, liquidated claim is entitled to receive interest at the legal rate or other applicable rate from the date of appointment of the receiver or the date on which the claim became a noncontingent, liquidated claim. If there are insufficient funds in the estate to fully pay all interest owing to all members of the class, then interest shall be paid proportionately to each member of the class.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578, A.L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.640 - Burdensome property, abandonment of, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.640. Burdensome property, abandonment of, when. —
The receiver or any party upon order of the court following notice and a hearing and upon the terms and conditions the court considers just and proper may abandon any estate property that is burdensome to the receiver or is of inconsequential value or benefit. However, a receiver may not abandon property that is a hazard or potential hazard to the public in contravention of a state statute or rule that is reasonably designed to protect the public health or safety from identified hazards. Property that is abandoned no longer constitutes estate property.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.650 - Receiver may be appointed as a receiver by out-of-state court, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.650. Receiver may be appointed as a receiver by out-of-state court, when. —
1. A receiver appointed in any action pending in the courts of this state, without first seeking approval of the court, may apply to any court outside of this state for appointment as receiver with respect to any property or business of the person over whose property the receiver is appointed constituting estate property which is located in any other jurisdiction, if the appointment is necessary to the receiver's possession, control, management, or disposition of property in accordance with orders of the court.
2. A receiver appointed by a court of another state, or by a federal court in any district outside of this state, or any other person having an interest in that proceeding, may obtain appointment by a court of this state of that same receiver with respect to any property or business of the person over whose property the receiver is appointed constituting property of the foreign receivership that is located in this jurisdiction if the person is eligible to serve as receiver and the appointment is necessary to the receiver's possession, control, or disposition of the property in accordance with orders of the court in the foreign proceeding. Upon the receiver's request, the court shall enter the orders not offensive to the laws and public policy of this state, necessary to effectuate orders entered by the court in the foreign receivership proceeding. A receiver appointed in an ancillary receivership in this state is required to comply with sections 515.500 to 515.665 requiring notice to creditors or other parties in interest only as may be required by the superior court in the ancillary receivership.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.655 - Removal or replacement of receiver, procedure.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.655. Removal or replacement of receiver, procedure. —
1. The court shall remove or replace the receiver on application of the debtor, the receiver, or any creditor, or any party or on the court's own motion if the receiver fails to perform the receiver's duties or obligations under sections 515.500 to 515.665, as ordered by the court.
2. Upon removal, resignation, or death of the receiver the court shall appoint a successor receiver if the court determines that further administration of the estate is required. The successor receiver shall immediately take possession of the estate and assume the duties of receiver.
3. Whenever the court is satisfied that the receiver so removed or replaced has fully accounted for and turned over to the successor receiver appointed by the court all of the property of the estate and has filed a report of all receipts and disbursements during the person's tenure as receiver, the court shall enter an order discharging that person from all further duties and responsibilities as receiver after notice and a hearing.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.660 - Discharge of receiver.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.660. Discharge of receiver. —
1. Upon distribution or disposition of all property of the estate, or the completion of the receiver's duties with respect to estate property, the receiver shall move the court to be discharged upon notice and a hearing.
2. The receiver's final report and accounting setting forth all receipts and disbursements of the estate shall be included in the petition for discharge and filed with the court.
3. Upon approval of the final report, the court shall discharge the receiver.
4. The receiver's discharge releases the receiver from any further duties and responsibilities as receiver under sections 515.500 to 515.665.
5. Upon motion of any party in interest, or upon the court's own motion, the court has the power to discharge the receiver and terminate the court's administration of the property over which the receiver was appointed. If the court determines that the appointment of the receiver was wrongfully procured or procured in bad faith, the court may assess against the person who procured the receiver's appointment all of the receiver's fees and other costs of the receivership and any other sanctions the court determines to be appropriate.
6. A certified copy of an order terminating the court's administration of the property over which the receiver was appointed shall operate as a release of any lis pendens notice recorded pursuant to section 515.545 and the same shall be recorded within the land records in any county in which such real property may be situated, together with a legal description of the real property if one is not included in that order.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.665 - Orders subject to appeal.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.665. Orders subject to appeal. —
Orders of the court pursuant to sections 515.500 to 515.665 are appealable to the extent allowed under existing law, including subdivision (2) of section 512.020.
­­--------
(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.020 - Right of possession not affected by descent.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.020. Right of possession not affected by descent. —
The right of any person to the possession of any lands, tenements or hereditaments shall not be impaired or affected by descent, cast in consequence of the death of any person in possession of any such estate.
­­--------
(RSMo 1939 § 1003)
Prior revisions: 1929 § 851; 1919 § 1306; 1909 § 1880
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.030 - Disabilities — twenty-one years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1991
516.030. Disabilities — twenty-one years. —
If any person entitled to commence any action in sections 516.010 and 516.090 specified or to make any entry be, at the time such right or title shall first descend or accrue, either within the age of eighteen years, or mentally incapacitated, the time during which such disability shall continue shall not be deemed any portion of the time in sections 516.010 to 516.090 limited for the commencement of such action or the making of such entry; but such person may bring such action or make such entry after the time so limited, and within three years after such disability is removed; provided, that no such action shall be commenced, had or maintained or entry made by any person laboring under the disabilities specified in this section, after twenty-one years after the cause of such action or right of entry shall have accrued.
­­--------
(RSMo 1939 § 1004, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 974, A.L. 1991 S.B. 138)
Prior revisions: 1929 § 852; 1919 § 1307; 1909 § 1881
(1976) Held, running of the twenty-four years under this section during the life of grantor barred heirs from exercising three-year extension under § 516.050. Pemberton v. Reed (A.), 545 S.W.2d 698.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.040 - Possession of land under color of title, effect.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.040. Possession of land under color of title, effect. —
The possession, under color of title, of a part of a track or lot of land, in the name of the whole tract claimed, and exercising, during the time of such possession, the usual acts of ownership over the whole tract so claimed, shall be deemed a possession of the whole of such tract.
­­--------
(RSMo 1939 § 1006)
Prior revisions: 1929 § 854; 1919 § 1309; 1909 § 1882
(1960) Evidence as to adverse possession held insufficient to require the setting aside of the trial court's finding to the contrary. Dunlap v. Hartman (Mo.), 338 S.W.2d 10.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.050 - Limitation where person under disability dies.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.050. Limitation where person under disability dies. —
If any person entitled to commence such action or to make such entry die during the continuance of any disability specified in section 516.030 and no determination or judgment be had of the title, right or action to him accrued, his heirs, or any person claiming from, by or under him, may commence such action or make such entry after the time in sections 516.010 to 516.090 limited for that purpose, and within three years after his death, but not after that period.
­­--------
(RSMo 1939 § 1007)
Prior revisions: 1929 § 855; 1919 § 1310; 1909 § 1883
(1976) Held, running of twenty-four years under § 516.030 during the life of grantor barred heirs from exercising three-year extension under § 516.050. Pemberton v. Reed (A.), 545 S.W.2d 698.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.070 - Limitation where equitable title to land emanates from government.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.070. Limitation where equitable title to land emanates from government. —
Whenever any real estate, the equitable title to which shall have emanated from the government more than ten years, shall thereafter, on any date, be in the lawful possession of any person, and which shall or might be claimed by another, and which shall not at such date have been in possession of the said person claiming or who might claim the same, or of anyone under whom he claims or might claim, for thirty consecutive years, and on which neither the said person claiming or who might claim the same nor those under whom he claims or might claim has paid any taxes for all that period of time, the said person claiming or who might claim such real estate shall, within one year from said date, bring his action to recover the same, and in default thereof he shall be forever barred, and his right and title shall, ipso facto, vest in such possessor; provided, however, that in all cases such action may be brought at any time within one year from the date at which this section takes effect and goes into force.
­­--------
(RSMo 1939 § 1008)
Prior revisions: 1929 § 856; 1919 § 1311; 1909 § 1884
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.080 - When legal title has not emanated from the United States.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.080. When legal title has not emanated from the United States. —
In all cases in which the legal title has not yet emanated from the government of the United States, but in which there has been an equitable right or title for more than twenty years, under which a claimant has had a right of action by the statutes of this state, and in which the land has been in the possession of any person for twenty years, claiming the same in fee, any person claiming against the possessor shall bring his action under the legal title within one year after it issues from the government, and in default thereof, he shall be forever barred, and his right and title shall, ipso facto, vest in such possessor.
­­--------
(RSMo 1939 § 1010)
Prior revisions: 1929 § 858; 1919 § 1313; 1909 § 1885
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.090 - Statute not to extend to certain lands.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 2007, 2 histories
516.090. Statute not to extend to certain lands. —
Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to any lands belonging to this state. This section shall be construed to prohibit any judgment granting adverse possession to a claimant where the defendant possesses an interest in land described in a recorded deed and is a public utility as defined in section 386.020, or is a rural electric cooperative as defined in chapter 394, or is an organization operating under section 394.200.
­­--------
(RSMo 1939 § 1011, A.L. 2006 S.B. 1045, A.L. 2007 S.B. 416)
Prior revisions: 1929 § 859; 1919 § 1314; 1909 § 1886
(2004) Section does not preclude school district from asserting limitation period in section 516.010 as defense to quiet title action in land previously used for a school. Basye v. Fayette R-III School District Board of Education, 150 S.W.3d 111 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.095 - Action for breach of covenant restricting land use, barred, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1963
516.095. Action for breach of covenant restricting land use, barred, when. —
No action for breach of a covenant restricting use of land caused or resulting from the size, height, cost or location of buildings or other visible improvements on the premises in violation of the covenant, including a proceeding to compel the removal of buildings or visible improvements on the land because of the violation of the terms of the covenant, shall be commenced after two years from the date this section takes effect or from the date when the right of action accrues, whichever is the later. Notwithstanding the provisions of any section of the statutes tolling the statutes of limitations, saving any causes of action which may have been otherwise barred thereunder, establishing a time when a cause of action accrues, or excluding certain lands from the operation and effect of any statute of limitations, no disability or lack of knowledge on the part of anyone shall suspend the running of the two-year period; and for the purposes of this section, the right of action shall be deemed to accrue immediately upon the completion of the building or visible improvements which are in violation of the covenant.
­­--------
(L. 1963 p. 669)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.097 - Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 2002
516.097. Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions. —
1. Any action to recover damages for economic loss, personal injury, property damage or wrongful death arising out of a defective or unsafe condition of any improvement to real property, including any action for contribution or indemnity for damages sustained on account of the defect or unsafe condition, shall be commenced within ten years of the date on which such improvement is completed.
2. This section shall only apply to actions against any person whose sole connection with the improvement is performing or furnishing, in whole or in part, the design, planning or construction, including architectural, engineering or construction services, of the improvement.
3. If any action is commenced against any person specified by subsection 2 of this section, such person may, within one year of the date of the filing of such action, notwithstanding the provisions of subsection 1 of this section, commence an action or a third party action for contribution or indemnity for damages sustained or claimed in any action because of economic loss, personal injury, property damage or wrongful death arising out of a defective or unsafe condition of any improvement to real property.
4. This section shall not apply:
(1) If an action is barred by another provision of law;
(2) If a person conceals any defect or deficiency in the design, planning or construction, including architectural, engineering or construction services, in an improvement for real property, if the defect or deficiency so concealed directly results in the defective or unsafe condition for which the action is brought;
(3) To limit any action brought against any owner or possessor of real estate or improvements on such real estate.
5. The statute of limitation for buildings completed on August 13, 1976, shall begin to run on August 13, 1976, and shall be for the time specified in this section.
6. Notwithstanding subsection 1 of this section, if an occupancy permit is issued, the ten-year period shall commence on the date the occupancy permit is issued.
­­--------
(L. 1976 H.B. 1363, A.L. 2002 S.B. 840)
(2000) Sale, assembly and installation of a prefabricated product does not constitute substantial on-site construction within meaning of section. Lay v. P & G Health Care, Inc., 37 S.W.3d 310 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.098 - Surveys of land error or omissions — action must be brought when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 2011
516.098. Surveys of land error or omissions — action must be brought when. —
Except where fraud is involved, no action to recover damages for an error or omission in the survey of land, nor any action for contribution or indemnity for damages sustained on account of an error or omission may be brought against any person performing the survey more than ten years from the completion of the survey.
­­--------
(L. 1989 H.B. 190, et al., A.L. 2011 S.B. 325)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.100 - Period of limitation prescribed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.100. Period of limitation prescribed. —
Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued; provided, that for the purposes of sections 516.100 to 516.370, the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.
­­--------
(RSMo 1939 § 1012)
Prior revisions: 1929 § 860; 1919 § 1315; 1909 § 1887
(1972) In suit against abstract company the cause of action shall be deemed to accrue and limitations shall commence to run only from the time when the damage resulting therefrom is sustained and is capable of ascertainment. Thorne v. Johnson (A.), 483 S.W.2d 658.
(1976) Held, statute of limitations begins to run when public service commission determined that rate charged was improper, not when improper charges were made. DePaul Hospital v. Southwestern Bell Telephone (A.), 539 S.W.2d 542.
(1984) Plaintiff's ignorance of his cause of action for legal malpractice prevented the statute of limitations from running where that ignorance was totally caused by the actions of his attorney in failing to dismiss a suit and allowing a default judgment to be entered against his client on a counterclaim without notifying the client. Anderson v. Griffin, Dysart, Taylor, Penner (Mo.App.), 684 S.W.2d 858.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.103 - No tolling by filing of administrative actions, certain suits.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1993
516.103. No tolling by filing of administrative actions, certain suits. —
The time for commencement of any suit provided for in sections 516.380, 516.390 and 516.400, shall not be tolled by the filing or pendency of any administrative complaint or action and no such suit may be brought or maintained unless commenced within the time prescribed by said sections. An administrative order authorizing the commencement of any such suit shall not be considered as evidence of the violations alleged in any such suit.
­­--------
(L. 1993 S.B. 180 § 16)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.110 - What action shall be commenced within ten years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.110. What action shall be commenced within ten years. —
Within ten years:
(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;
(2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue;
(3) Actions for relief, not herein otherwise provided for.
­­--------
(RSMo 1939 § 1013)
(1975) An action to collect sum allegedly due for holiday pay for firemen where such claim was based on a city ordinance is a claim on an "obligation" and must be brought within five years. Barberi v. University City (A.), 518 S.W.2d 457.
(1976) Action to recover liquidated damages for breach of a covenant in a lease not to assign or transfer interest in the lease was not based upon a writing for the payment of money but was based on contract and therefore was governed by five-year statute of limitations, section 516.120, and not by section 516.110. Bangert v. Boise Cascade Corp. (C.A.Mo.), 527 F.2d 902.
(1985) Party had ten years, not five, to initiate an action for specific performance of a real estate contract since the action was for the enforcement of a contract and not for breach of contract. Oberle v. Monia (Mo.App.), 690 S.W.2d 840.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.130 - What actions within three years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 2005
516.130. What actions within three years. —
Within three years:
(1) An action against a sheriff, coroner or other officer, upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution or otherwise;
(2) An action upon a statute for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state;
(3) An action under section 290.300.
­­--------
(RSMo 1939 § 1015, A.L. 2005 S.B. 420 & 344)
Prior revisions: 1929 § 863; 1919 § 1318; 1909 § 1890
(1964) Section 516.110, the ten year statute, and not section 516.130, the three year statute, is applicable to proceeding on motion for default judgment on bail bond. State v. Virgilito (Mo.), 377 S.W.2d 361.
(1975) This statute of limitation applies to bar action against officers of federal government brought under the civil rights acts. Peterson v. Fink (C.A. Mo.), 515 F.2d 815.
(1984) Inmate's federal action under 42 U.S.C.A. § 1983 against a prison official is governed by state's three year statute of limitations contained in this section for actions against an official acting in his official capacity. Foster v. Armontrout, 729 F.2d 583.
(1984) The three year period specified in subdivision (1) of this section was the proper statute of limitations in a civil rights action brought against Supreme Court justices and state officials. Buford v. Tremayne (8th Cir.) 747 F.2d 445.
(1998) Director of department of revenue qualifies as "other officer" for purposes of this section. City of Ellisville v. Lohman, 972 S.W.2d 527 (E.D.Mo.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.140 - What actions within two years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 2014
516.140. What actions within two years. —
Within two years: an action for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution or actions brought under section 290.140. An action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation or liquidated damages by reason of the nonpayment of minimum wages or overtime compensation, and for the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, such act being an act of Congress, shall be brought within two years after the cause accrued.
­­--------
(RSMo 1939 § 1016, A.L. 1945 p. 644, A.L. 1976 S.B. 470, A.L. 1985 H.B. 225, A.L. 2014 H.B. 1231)
Prior revisions: 1929 § 864; 1919 § 1319; 1909 § 1891
CROSS REFERENCE:
Action for accounting on pro rata pay back from nonprobate transfer to personal representation to cover statutory allowances and claims due estate, 461.300
(1994) Where defamatory statement was made during FBI investigation, statute of limitations began to run after indictment, when business began to decline. Only then did plaintiff learn of false statement and begin to suffer loss of business. Statute of limitations for slander begins to run, not when defamatory statement was made, but when damages are ascertained. Thurston v. Ballinger, 884 S.W.2d 22 (Mo. App. W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.145 - What actions within one year.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1990
516.145. What actions within one year. —
Within one year: all actions brought by an offender, as defined in section 217.010, against the department of corrections or any entity or division thereof, or any employee or former employee for an act in an official capacity, or by the omission of an official duty.
­­--------
(L. 1990 H.B. 974)
(2000) Section is constitutional and does not violate equal protection, due process, or the prohibition against special legislation. Cooper v. Minor, 16 S.W.3d 578 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.150 - No action to foreclose mortgage after note barred.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.150. No action to foreclose mortgage after note barred. —
No suit, action or proceeding under power of sale to foreclose any mortgage or deed of trust, to secure any obligation to pay money or property, shall be had or maintained after such obligation has been barred by the statutes of limitation of this state; nor in any event after the lapse of twenty years from the date at which the last maturing obligation secured by the instrument sought to be foreclosed is due on the face of such instrument, unless such termination of said period falls within two years after the passage of this section, or has heretofore happened, in which event such suit, action or proceeding may be begun within two years after the passage of this section without regard to the date of the instrument or the maturity of the obligation, unless otherwise barred under the provisions of the general statutes of limitation, unless before the lapse of said twenty years the owner of the debt thereby secured or some person for him shall file an affidavit duly verified, or file an instrument in writing acknowledged as deeds are required to be acknowledged in order to entitle them to record in this state, showing the amount due and owing thereon.
­­--------
(RSMo 1939 § 1017)
Prior revisions: 1929 § 865; 1919 § 1320; 1909 § 1892
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.155 - Mortgages last maturing obligation is due, how determined — future advances on real property security instrument statute begins to run, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1992
516.155. Mortgages last maturing obligation is due, how determined — future advances on real property security instrument statute begins to run, when. —
1. Except as provided in subsection 2 of this section, whenever under the provisions of section 516.150 "the date at which the last maturing obligation secured by the instrument sought to be foreclosed is due on the face of such instrument" cannot be determined from the face of such instrument, the twenty-year period referred to in section 516.150 shall begin to run on the recited date of execution of such instrument, or if there is no recited date, the date of acknowledgment of such instrument, or if there is neither a recited date of execution nor a date of acknowledgment, the date of recording of such instrument, or if there is none of the above, the original date of the secured obligation, except that the provisions of this subsection shall apply only to deeds of trust and mortgages recorded after January 1, 1979.
2. In the case of a security instrument described in section 443.055, the twenty-year period referred to in section 516.150 shall begin to run on the twentieth anniversary of the recited date of execution of such security instrument, or if there is no recited date, the date of acknowledgment of such security instrument, or if there is neither a recited date of execution nor a date of acknowledgment, the date of recording of such instrument, except that the provisions of this subsection shall apply only to such security instruments recorded after September 1, 1992.
­­--------
(L. 1978 S.B. 665, A.L. 1992 S.B. 688)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.160 - In account current, when cause of action accrued.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.160. In account current, when cause of action accrued. —
In an action brought to recover a balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from time of the last item in the account on the adverse side.
­­--------
(RSMo 1939 § 1019)
Prior revisions: 1929 § 867; 1919 § 1322; 1909 § 1893
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.170 - May delay filing of action, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1990
516.170. May delay filing of action, when. —
Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.
­­--------
(RSMo 1939 § 1020, A.L. 1976 S.B. 470, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 974)
Prior revisions: 1929 § 868; 1919 § 1323; 1909 § 1894
(1977) Statute of limitations is tolled while plaintiff is actually imprisoned by any proper authority and statute starts to run when plaintiff is released on parole. Jepson v. Stubbs (Mo.), 555 S.W.2d 307.
(1984) This section was held to toll the five year statute of limitations in section 516.120 during the course of a ward's incompetence, despite the appointment of a guardian. Mason v. Ford Motor Co. (8th Cir.) 755 F.2d 120.
(1985) Held, that even though plaintiff could have, by reason of section 507.115, RSMo, filed his action when he became eighteen years of age without the necessity of a guardian, curator, or next friend, the two-year limitation was nonetheless tolled, by reason of this statute, until plaintiff reached age twenty-one. Crawford v. Fenton (A.), 701 S.W.2d 772.
(1987) The provisions of section 516.170, RSMo, protecting the rights of persons under disability, apply to any statute of limitations borrowed under the provisions of section 516.190, RSMo. Dorris v. McClanahan, 725 S.W.2d 870 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.180 - On death of person under disability, cause of action survives.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.180. On death of person under disability, cause of action survives. —
If any person so entitled to sue, die before the expiration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representatives, his executor or administrator may, after the expiration of such time and within one year after such death, commence such action, but not after that period.
­­--------
(RSMo 1939 § 1022)
Prior revisions: 1929 § 870; 1919 § 1325; 1909 § 1896
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.190 - Limitations on actions originating in other states.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.190. Limitations on actions originating in other states. —
Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts of this state.
­­--------
(RSMo 1939 § 1021)
Prior revisions: 1929 § 869; 1919 § 1324; 1909 § 1895
(1974) Any defense against foreign statute by waiver or estoppel should be recognized in applying this section. Wilburn v. Pepsi-Cola Bottling Company of St. Louis (C.A. Mo.), 492 F.2d 1288.
(1974) Held it is not necessary to raise "borrowing statute" as an affirmative defense since courts are bound to take judicial notice of the laws of all states. (C.A. Mo.) McIndoo v. Burnett, 494 F.2d 1311.
(1975) Word "originated" as used in this section means "accrued". Schnabel v. Taft Broadcasting Company Inc. (A.), 525 S.W.2d 819.
(1976) Where plaintiff was injured in accident in Illinois while on a trip that was to begin and end in Missouri and all parties were Missouri residents and plaintiff had not charged defendants with willful and wanton misconduct, necessary under the Illinois guest statute, nevertheless, the Missouri borrowing statute made the Illinois statute of limitations applicable to plaintiff's action for damages and the action was barred. Trzecki v. Gruenewald (Mo.), 532 S.W.2d 209.
(1987) The provisions of section 516.170, RSMo, protecting the rights of persons under disability, apply to any statute of limitations borrowed under the provisions of section 516.190, RSMo. Dorris v. McClanahan, 725 S.W.2d 870 (Mo.banc).