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MISSOURI STATUTES AND CODES

198.305. Unsuitable site, may be changed, when.

Unsuitable site, may be changed, when.

198.305. 1. If, after acquiring a site for a nursing homeor a nursing home, the board of the district by resolutiondetermines that the site or nursing home acquired is unsuitableor unnecessary for the purpose, or it is in the best interest ofthe district, that the property should be sold, the board maysell and convey the property in the manner provided in subsection2 of this section, provided that all outstanding bonds of thedistrict constituting a lien on the property to be sold have beenpaid in full; or a sum sufficient to pay all such bonds, togetherwith interest accrued or to accrue thereon, together with anyother items of expense provided in such bonds, is deposited withthe fiscal agent named in the bonds for the purpose of fullpayment; or consent in writing is obtained from all of theholders of the bonds.

2. Upon filing with the county clerk of the county in whichthe original petition to organize the district was filed of acertified copy of the resolution adopted by the board ofdirectors of the district setting forth the reasons for sellingthe property and the manner in which the conditions of theprovisions in subsection 1 of this section have been satisfied,the clerk shall present the resolution to the county commission.If the commission is satisfied that the statements in theresolution are true and valid, it shall by order entered ofrecord approve the resolution. The board of directors of thedistrict may then proceed to sell and convey the property. Thedeed shall be executed by the secretary of the board for and onbehalf of the district, and shall convey to the purchaser all theright, title, interest, and estate which the nursing homedistrict has in the property.

3. Any proceeds from the sale of the property remainingafter the expenses of the sale of the property and the purchaseprice and costs of purchase of any new site or structure havebeen paid shall be placed in the treasury of the district andused to carry out the purposes for which the district wasorganized.

(L. 1975 H.B. 382, A.L. 1991 H.B. 450)

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