442.576. Duties of director of agriculture and attorney general--court to order divestiture--when to be accomplished--failure. - Missouri Statutes

Duties of director of agriculture and attorney general--court to orderdivestiture--when to be accomplished--failure.

442.576. 1. If the director finds that an alien or foreignbusiness or an agent, trustee, or other fiduciary therefor hasacquired agricultural land in Missouri after August 13, 1978, orthe land ceases to be used for nonagricultural purposes undersection 442.591, he shall report the violation to the attorneygeneral.

2. The attorney general shall institute an action in thecircuit court of Cole County or the circuit court in any countyin which agricultural land owned by the alien or foreignbusiness, agent, trustee or other fiduciary, alleged to haveviolated sections 442.560 to 442.591, is located.

3. The attorney general shall file a notice of the pendencyof the action with the recorder of deeds of each county in whichany portion of such agricultural lands is located. If the courtfinds that the lands in question have been acquired in violationof sections 442.560 to 442.591, it shall enter an order sodeclaring and shall file a copy of the order with the recorder ofdeeds of each county in which any portion of the agriculturallands is located. The court shall order the owner to divesthimself of the agricultural land. The owner must comply with theorder within two years. The two-year limitation period shall bea covenant running with the title to the land against any aliengrantee or assignee. Provided, however, an incorporated foreignbusiness must divest itself of agricultural land within theminimum time required by article XI, section 5, of the MissouriConstitution. Any agricultural lands not divested within thetime prescribed shall be ordered sold by the court at a publicsale in the manner prescribed by law for the foreclosure of amortgage on real estate for default in payment.

(L. 1978 S.B. 685 § 4)