140.985. Real property to be held in agency name — public inspection of inventory — transfer of property, requirements — proceeds of sales, use of.

775 words·~4 min read·/mo/chapter-140/140-985

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

140.985. Real property to be held in agency name — public inspection of inventory — transfer of property, requirements — proceeds of sales, use of. — 1. A land bank agency shall hold in its own name all real property acquired by such land bank agency irrespective of the identity of the transferor of such property.

2. A land bank agency shall maintain and make available for public review and inspection an inventory and history of all real property the land bank agency holds or formerly held. This inventory and history shall be available on the land bank agency's website and include at a minimum:

(1)Whether a parcel is available for sale;

(2)The address of the parcel if an address has been assigned;

(3)The parcel number if no address has been assigned;

(4)The month and year that a parcel entered the land bank agency's inventory;

(5)Whether a parcel has sold;

(6)If a parcel has sold, the name of the person or entity to which it was sold; and

(7)Whether the parcel was acquired by the land bank agency through judicial foreclosure, nonjudicial foreclosure, donation, or some other manner.

3. The land bank agency shall determine and set forth in policies and procedures the general terms and conditions for consideration to be received by the land bank agency for the transfer of real property and interests in real property. Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property; contractual commitments of the transferee; and such other forms of consideration as the land bank agency determines to be in the best interest of the land bank agency.

4. A land bank agency may convey, exchange, sell, transfer, grant, release and demise, pledge, and hypothecate any and all interests in, upon, or to property of the land bank agency. A land bank agency may gift any interest in, upon, or to property to the county or municipality that established the land bank agency.

5. A county or municipality may, in its resolution, ordinance, or rule creating a land bank agency, establish a hierarchical ranking of priorities for the use of real property conveyed by such land bank agency, including, but not limited to:

(1)Use for purely public spaces and places;

(2)Use as wildlife conservation areas;

(3)Use as a green field area; and

(4)To return to private use.

If a county or municipality, in its resolution, ordinance, or rule creating a land bank agency, establishes priorities for the use of real property conveyed by the land bank agency, such priorities shall be consistent with and no more restrictive than municipal planning and zoning ordinances.

6. The land bank agency may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of property by the land bank agency.

7. Any property sold by a land bank agency that was acquired through purchase, transfer, exchange, or gift shall be sold.

8. When any parcel of real estate acquired by a land bank agency is sold or otherwise disposed of by such land bank agency, the proceeds therefrom shall be applied and distributed in the following order:

(1)To the payment of the expenses of the sale;

(2)To fulfill the requirements of the resolution, indenture, or other financing documents adopted or entered into in connection with bonds, notes, or other obligations of the land bank agency, to the extent that such requirements may apply with respect to such parcel of real estate;

(3)To the land bank agency to pay the salaries and other expenses of such land bank agency and of its employees as provided for in its annual budget; and

(4)Any funds in excess of those necessary to meet the expenses of the annual budget of the land bank agency in any fiscal year and a reasonable sum to carry over into the next fiscal year to assure that sufficient funds will be available to meet initial expenses for that next fiscal year shall be paid to the respective taxing authorities that, at the time of the distribution, are taxing the real property from which the proceeds are being distributed. The distributions shall be in proportion to the amounts of the taxes levied on the properties by the taxing authorities. Distribution shall be made on January first and July first of each year, and at such other times as the land bank agency may determine.

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(L. 2019 H.B. 821, A.L. 2024 H.B. 2062)