Missouri Statute | Act | Code |Roads And Waterways| US Code - US Statute | Chapter 241 Swamplands, Islands And Abandoned Riverbeds

In order to provide for the reclamation of all overflowed and
swamp lands which were granted to the state of Missouri for that purpose
by an act of congress, entitled "An act to enable the state of Arkansas
and other states to reclaim the swamp lands within their limits",
approved September 28, 1850, all of said lands in this state are hereby
donated to the counties in which they may be respectively situated, and
shall be the absolute property of such counties for the purposes
designated in sections 241.010 to 241.280; and the secretary of state is
hereby required to furnish to the clerks of all the county commissions a
certified copy of the approved and corrected list of swamplands in each
county, whenever called on for such list by the said clerk or clerks.
(RSMo 1939 § 12752)

Prior revisions: 1929 § 11128; 1919 § 6992; 1909 § 7995

(1959) The ten-year statute of limitations runs against a county to
deprive it of title to islands, swamplands and abandoned river beds.
Hamburg Realty Co. v. Walker (Mo.), 327 S.W.2d 155.

Whenever the situation, description and quantity of said lands
are made known to the governor, as soon as he shall receive from the
government of the United States lists and plats of said lands, he shall
cause such lists and plats to be filed in the office of the secretary of
state, and the secretary of state shall furnish such information and
copies of such lists and plats to the county commissions respectively of
the counties in which said lands severally lie; and said lists and plats
shall be received in all the courts of this state as prima facie evidence
of the title in said counties to said lands. (RSMo 1939 § 12757)

Prior revisions: 1929 § 11133; 1919 § 6997; 1909 § 8000

1. It is made the duty of the secretary of state of this state
to act as swampland agent, to locate such public lands as the state of
Missouri may be authorized to locate under the provisions of the act of
congress of September 28, 1850, granting swamp and overflow lands to the
state of Missouri, and other acts of congress since that time passed,
relating to said lands, and to obtain the right of the state under said
acts, and settle and adjust any and all claims the state of Missouri may
have against the United States growing out of said grant of land. He is
hereby authorized to obtain such proof from the various county
commissions as is necessary to secure the indemnity from the general
government under the act of March 2, 1855, and is hereby authorized to
employ assistants for the performance of the duties required of him in
sections 241.010 to 241.280, subject to the approval of the governor.

2. He shall receive all moneys, scrip or certificates of indemnity on
account of swamp and overflowed lands sold by the government of the
United States since the donation of such lands to the state of Missouri,
and deposit the moneys or scrip so obtained in the state treasury, to the
credit of the county in whose favor the same is drawn, and cancel all
records in his office on which indemnity has been received. He shall
locate all certificates of indemnity received as aforesaid in the name of
the county in whose favor said certificate is drawn, making said location
from sight or personal knowledge of the same, and deposit the certificate
of said location in the state treasury, subject to the orders of the
respective county commissions, and he shall immediately notify said
county commissions of all deposits made in conformity with sections
241.010 to 241.280. (RSMo 1939 § 12775)

Prior revisions: 1929 § 11151; 1919 § 7015; 1909 § 8018

The governor of the state is hereby authorized to relinquish the
title of the state to such swamp and overflowed lands as may have been
sold by the general government since the passage of the law donating said
lands to the state in which they lie, whenever the counties interested in
said lands may, by an order of the county commission, authorize him so to
do. (RSMo 1939 § 12774)

Prior revisions: 1929 § 11150; 1919 § 7014; 1909 § 8017

It is made the duty of the treasurer of this state to pay said
money or scrip mentioned in section 241.030 to the authorized agents of
the counties to which such money or scrip may be made payable by the
provisions of sections 241.010 to 241.280. (RSMo 1939 § 12776)

Prior revisions: 1929 § 11152; 1919 § 7016; 1909 § 8019

All expenses incurred by the secretary of state in performing
the duties under the law relating to the disposition of overflowed and
swamp lands shall be paid from the state treasury upon warrants upon the
general revenues of the state. (RSMo 1939 § 12777, A. 1949 S.B. 1081)

Prior revisions: 1929 § 11153; 1919 § 7017; 1909 § 8020

Whenever the lands contemplated in sections 241.010 to 241.280,
in any county, shall have been designated and reported by the person or
persons appointed in such county for that purpose, the county commission
shall audit the account of such person, and allow such reasonable
compensation for such services as they may deem just, to be paid from the
county treasury. (RSMo 1939 § 12758)

Prior revisions: 1929 § 11134; 1919 § 6998; 1909 § 8001

In order to convey to the different counties in the state of
Missouri a complete title to all the swamp and overflowed lands which
have been granted and patented to the state of Missouri by an act of
congress, entitled "An act to enable the state of Arkansas and other
states to reclaim the swamp lands within their limits", approved
September 28, 1850, the secretary of state is hereby directed to prepare
a patent or patents, embracing all the swamp or overflowed lands lying
within the limits of the several counties of this state, conveying
thereby all the title and interest of the state of Missouri in and to
such lands, to the counties in which such lands may lie, and when such
patents have been prepared as provided in sections 241.010 to 241.280,
they shall be presented to and signed by the governor of this state,
attested by the secretary of state, and recorded by the secretary of
state in his office. (RSMo 1939 § 12780)

Prior revisions: 1929 § 11156; 1919 § 7020; 1909 § 8023

Whenever possible so to do, all the overflowed and swamp lands
situate in any one county shall be included in one patent and described
numerically by sections, townships and ranges, having due regard for
county lines. (RSMo 1939 § 12781)

Prior revisions: 1929 § 11157; 1919 § 7021; 1909 § 8024

It shall be the duty of the officers named in section 241.080 to
convey by patent or patents, as provided in said section, all such
overflowed and swamp lands as may hereafter be patented to the state of
Missouri by the government of the United States, to the respective
counties in which the same may lie. (RSMo 1939 § 12782)

Prior revisions: 1929 § 11158; 1919 § 7022; 1909 § 8025

It shall be the duty of the secretary of state to forward all
patents, when the same shall be executed and recorded as required by
sections 241.010 to 241.280, to the clerks of the several county
commissions of this state, and so soon as the same shall be received by
said clerks, the several county commissions shall cause the same to be
duly recorded in the recorder's office of their respective counties, as
other conveyances are required by law to be recorded. (RSMo 1939 § 12783)

Prior revisions: 1929 § 11159; 1919 § 7023; 1909 § 8026

All patents issued, executed and duly recorded, as required by
sections 241.010 to 241.280, or a certified copy of the same, which shall
include all the land therein described, or which shall include any
separate and distinct description of the lands therein described, either
under the hand of the secretary of state or the recorder of the proper
county, shall be received and read in all courts in this state as prima
facie evidence of the title in the counties where such overflowed and
swamp lands severally lie. (RSMo 1939 § 12784)

Prior revisions: 1929 § 11160; 1919 § 7024; 1909 § 8027

Nothing in this law shall be so construed as to require the
secretary of state to patent to the several counties, as provided in
sections 241.010 to 241.280, any swamp or overflowed lands heretofore
patented to the several counties in which such lands lie or which have
been patented to any person or persons by the state, nor shall the
secretary of state issue patents to any individuals for any overflowed or
swamp lands situate in the various counties in this state. (RSMo 1939 §
12786)

Prior revisions: 1929 § 11162; 1919 § 7026; 1909 § 8029

In all counties where lands have been sold, patents issued, and
the same have been recorded, the clerk of the county commission in whose
office any such records may now remain, or that hereafter may be made
under the laws respecting the sale of swamp and overflowed lands, the
issuing of patents therefor, and providing for the record thereof, shall,
upon application of the recorder of deeds of such county, or the clerk of
the circuit court when ex officio recorder of such county, deliver up to
said recorder, or clerk when ex officio recorder, all completed record
books of such patents, with the indices and abstracts thereof, and upon
the completion of each and every such record book, until all the swamp
and overflowed lands in each and every county to which this law applies
shall be sold, patents issued, and the same shall be recorded, the clerk
of the county commission shall deliver the records thereof to the
recorder of deeds, or the clerk of the circuit court when ex officio
recorder of the county, with the indices and abstracts of such recorders,
for which said recorder, or clerk, when ex officio recorder, shall give
the clerk of the county commission a receipt, which he shall file in his
office and the said recorder of deeds, or clerk of the circuit court when
ex officio recorder, shall be the lawful custodian of all such records
received by him, and certified copies of the same shall be received in
evidence in all courts of this state, and shall have the same force and
effect in all matters of law and equity as if said records had been made
by the recorder of deeds, or clerk of the circuit court when ex officio
recorder, under the laws of this state providing for the recording of
conveyances of real estate. (RSMo 1939 § 12788)

Prior revisions: 1929 § 11164; 1919 § 7028; 1909 § 8031

The several county commissions shall have full power and control
over all such overflowed and swamp lands patented to their respective
counties under the provisions of sections 241.010 to 241.280, and to sell
and dispose of the same in like manner and with like effect as is or may
be provided by law for the conveyance of other real estate belonging to
their respective counties. (RSMo 1939 § 12785)

Prior revisions: 1929 § 11161; 1919 § 7025; 1909 § 8028

CROSS REFERENCE: Swamplands may be appropriated for purpose of
constructing levee, RSMo 245.540

The county commission of any county in this state owning swamp
or overflowed lands may employ special counsel or attorneys to represent
the county in prosecuting or defending any suit by or against the county
for the recovery or preservation of the swamp or overflowed lands, and
quieting the title of the county thereto and may pay the special counsel
or attorneys reasonable compensation for their services, to be paid out
of any funds arising from the sale of the swamp or overflowed lands, or
out of the general revenue fund of the county. (L. 1957 p. 580)

Whenever, in the judgment of said county commission, it shall be
to the interest of said counties to do so, they shall order the sheriff
to sell the same at public vendue to the highest bidder, after giving
sixty days' notice, by publication in some newspaper published in the
county, if there be one, or if there be no such paper published in the
county, then by at least ten written or printed handbills put up at ten
public places within the county, containing a general description of the
lands to be sold, by section, township and range. Such lands shall be
sold in such quantities, at such times and places, and on such terms as
they may think proper, and as set forth in such notice, with or without
draining or reclaiming the same, as in their discretion they may think
most conducive to the interest of their respective counties; and all
sales made under the provisions of sections 241.010 to 241.280 shall
conform to the subdivisions prescribed by the laws of the United States;
provided, however, that no land shall be sold under the provisions of
said sections for less than one dollar and twenty-five cents per acre;
and provided further, that the county commissions of the several counties
in this state may, if in their judgment it is deemed advisable, sell any
of the swamp or overflowed lands in their counties at private sale,
without advertisement as provided in this section, at a price not less
than one dollar and twenty-five cents per acre; provided further, that in
all cases where the county commissions of this state have, prior to 1880,
sold or disposed of any such swamplands in their respective counties and
issued, or caused to be issued, patents for the same, and the patentees,
or those holding under them, have been claiming such lands and paying
county and state taxes thereon for more than twenty years, such grant
shall be deemed and held to be good and valid, and no action shall be
maintained for the purpose of setting aside or calling in question such
patent or patents. (RSMo 1939 § 12754)

Prior revisions: 1929 § 11130; 1919 § 6994; 1909 § 7997

In every case where persons have become the purchasers of swamp
and overflowed lands in the several counties in this state, on credit,
either in whole or in part, and shall, by death or otherwise, become
unable to pay for the same, the county commission of such county, on the
application of such purchaser, or, in case of death, of his or her legal
representatives, is hereby authorized to cancel the contract, in whole or
in part, upon these conditions: The said commission shall not, in any
case, pay back any money or interest that has been paid upon said
contract, nor rescind a contract for timbered land, when the timber or
any portion of it has been removed since the sale of said land by said
commission, without full indemnity being made therefor; and whenever any
such sale is canceled the county commission may resell said land as
provided in section 241.160. (RSMo 1939 § 12770)

Prior revisions: 1929 § 11146; 1919 § 7010; 1909 § 8013

If the purchaser of any swamplands has absented himself from
this state, so that no process at law can be served on him, the county
commission of the county where the said swampland lies may, upon the
application of anyone who may have become surety for the purchase of said
lands, cancel the contract on such terms as may be deemed equitable and
not inconsistent with the provisions of sections 241.010 to 241.280, as
provided in section 241.160. (RSMo 1939 § 12771)

Prior revisions: 1929 § 11147; 1919 § 7011; 1909 § 8014

Whenever the county commissions of this state shall have sold
swamp or overflowed lands to which they are unable to make a good and
sufficient title, the said commissions are hereby authorized and
empowered, with the consent of the purchaser, or, in the case of his or
her death or absence from the state, then with the consent of his or her
sureties or legal representative, to cancel said contract. (RSMo 1939 §
12772)

Prior revisions: 1929 § 11148; 1919 § 7012; 1909 § 8015

This law shall not be so construed as to make it obligatory upon
any county commission to rescind or cancel any contract or sale
heretofore made, but the same shall be wholly discretionary with said
commission, having in view the best interests of the county. (RSMo 1939 §
12773)

Prior revisions: 1929 § 11149; 1919 § 7013; 1909 § 8016

In all cases where swamplands have been or may hereafter be
sold, which had been previously sold and patented by any county
commission in this state, to a bona fide purchaser, it shall be the duty
of the county commission of the county in which such sales were made,
upon proper application of the subsequent purchaser, accompanied by the
proper proof, showing the facts, to draw a warrant on the county treasury
in favor of the person who paid the same, for the amount of such purchase
money actually paid into the county treasury; provided, that such person
in whose favor such warrant is drawn shall relinquish all interest and
title in such land in favor of the county or the prior purchaser holding
a prior patent to such lands. (RSMo 1939 § 12779)

Prior revisions: 1929 § 11155; 1919 § 7019; 1909 § 8022

Whenever full payment shall be made for any of said land by the
purchaser thereof, the county commission shall cause the clerk of said
commission to issue to the purchaser or purchasers, his or their heirs or
assigns, a patent for the same, which patent shall be signed by the
presiding commissioner of the county commission, countersigned by the
clerk thereof, and recorded in the swamp land patent book, in the office
of the county clerk. (RSMo 1939 § 12755)

Prior revisions: 1929 § 11131; 1919 § 6995; 1909 § 7998

The county commission of any county in this state, authorized by
law to sell and make title to bona fide purchasers to any swamp and
overflowed lands granted by the state to the county for the purposes of
reclamation, shall, by an order of record, upon sufficient proof being
made by the owner of any swamp and overflowed lands undertaken to be
sold, that an error has been made in the description of such lands,
correct such error or misdescription wherever it occurs, whether in
record of entry, certificate of purchase, patent, or the record thereof;
provided, such correction shall not prejudice the rights of other
parties. (RSMo 1939 § 12787)

Prior revisions: 1929 § 11163; 1919 § 7027; 1909 § 8030

The net proceeds of the sales of all such lands, after defraying
the expenses of draining, reclaiming, surveying and selling the same, as
provided in sections 241.010 to 241.280, shall be paid into the county
treasury and become a part of the county school fund of the county. (RSMo
1939 § 12756, A. 1949 S.B. 1081)

Prior revisions: 1929 § 11132; 1919 § 6996; 1909 § 7999

As soon as the several county commissions shall be furnished
with the proper description of lands contemplated in section 241.010,
they may have said overflowed and swamp lands drained and reclaimed, so
as to render them tillable, or otherwise subservient to the purposes of
sections 241.010 to 241.280, and for that purpose may appoint one or more
drainage and reclamation commissioners, who shall, under the direction of
the county commission, superintend the draining and surveying of said
lands. (RSMo 1939 § 12753, A.L. 1986 H.B. 1554 Revision)

Prior revisions: 1929 § 11129; 1919 § 6993; 1909 § 7996

To enable the county commissions to carry the provisions of
sections 241.010 to 241.280 into effect, they shall have power to borrow
money, and to issue bonds of the county therefor, in the manner and to
the extent provided in sections 26(e) and 27 of article VI of the
constitution. (RSMo 1939 § 12762)

Prior revisions: 1929 § 11138; 1919 § 7002; 1909 § 8005

1. If the owners of any lands through which any ditch or levee
is proposed to be made or cut, by virtue of any of the provisions of
sections 241.010 to 241.280, shall notify the drainage and reclamation
commissioners that he objects to the making of such levee or cutting such
ditch, such commissioners shall apply to an associate circuit judge of
the county in which such land may be situated for a summons for a jury to
inquire into the damages such owner may sustain by the making of such
levee or the cutting of such ditch, or both; and it shall be the duty of
such associate circuit judge to issue a summons, under his hand, to the
sheriff of said county, commanding him to summon a jury of eighteen good
and lawful persons, to meet at a time and place, upon such land, to be
specified in the summons, at the time and place specified; such drainage
and reclamation commissioners and the owner of such land shall proceed to
select a jury of twelve persons out of the number thus summoned, and the
associate circuit judge shall administer an oath to them to faithfully
and impartially inquire into the amount of damages the owner of such land
will sustain by reason of the making of such levee or ditch, and the jury
shall render their verdict in writing, and shall specify therein the
amount of damages they assess.

2. The selection of such jury, and the trial in such case, shall be
conducted in the same manner that other civil cases are tried and
conducted in the associate divisions of the circuit courts, and the
associate circuit judge shall make an entry on his docket of the verdict
of the jury and other proceedings in such case.

3. A transcript of such proceedings shall be filed in the office of the
clerk of the county commission, and if the county commission shall be of
opinion that it is best to pay such damages, such county commission shall
issue a warrant on the county treasury, in favor of the party entitled
thereto, for the amount of damages assessed, as aforesaid, and also a
warrant in favor of the officers for the fees to which they may be
entitled in any such case, which amount shall be paid out of any money in
the treasury arising from the sale of land by virtue of sections 241.010
to 241.280, and not otherwise appropriated, and shall be paid by the
treasurer to the parties entitled to the same, from whom he shall take,
and file in his office, a receipt for such payment; and when such damages
are paid, or tendered in money and refused, such ditch or levee may be
made, and the owner of such land shall be forever barred from maintaining
any action for the making such levee or the cutting such ditch; and if
such money is tendered, and the parties entitled thereto shall refuse to
accept the same, such money shall remain in the county treasury, subject
to the order of the parties thereto entitled; provided, however, that
should such jury fail or refuse to find any damages, such complainant
shall pay all costs necessarily incurred in the proceedings; provided,
that the complainant may have an appeal according to law. (RSMo 1939 §
12759, A.L. 1945 p. 1110, A.L. 1986 H.B. 1554 Revision)

Prior revisions: 1929 § 11135; 1919 § 6999; 1909 § 8002

All lands belonging to the state, not otherwise appropriated
under the laws thereof, which have been formed by the recession and
abandonment of their waters of the old beds of lakes and rivers in this
state, or by the formation of islands in the navigable waters of the
state, are hereby granted and transferred to the respective counties in
which such lands are located, to be held by such counties for school
purposes. (RSMo 1939 § 12789)

Prior revisions: 1929 § 11165; 1919 § 7029; 1909 § 8032

(1960) Evidence as to alleged island in Mississippi reviewed and held to
establish that the land involved was an accretion and that it did not
form out of the bed of the Mississippi River on property which was owned
by the state. Low watermark of river held to be the boundary of the
riparian owner's property and since river never separated the so-called
island from bank of the river at the low watermark, there was no island.
Conran v. Girvin (Mo.), 341 S.W.2d 75.

1. Notwithstanding the provisions of sections 241.290 to
241.340, all lands belonging to the state, not otherwise appropriated,
which have been formed by the formation of islands in the Missouri and
Mississippi rivers within this state are hereby granted and transferred
to the Missouri conservation commission for wildlife purposes. If the
commission certifies that such islands have no present or potential value
for wildlife use or recreation involving wildlife species, the islands
shall then be transferred to the state park board for recreational
purposes. If the park board certifies that the islands are of no present
or potential value for recreational purposes, they shall be transferred
to the respective counties in which they are located.

2. All islands formed in the Missouri and Mississippi rivers within this
state after September 28, 1971, are the property of the state, and shall
pass to the conservation commission or the state park board for wildlife
or recreational purposes respectively in the same manner as provided in
subsection 1 of this section for islands already formed, and if certified
by both the conservation commission and the park board as having no value
for wildlife or recreational purposes, they shall pass to the counties in
which they are located, for the purpose and subject to the power of
survey and sale, as provided in sections 241.291, 241.309 and 241.311.
(L. 1971 H.B. 140 §§ 1, 2)

All lands that may hereafter form by the recession from and
abandonment of the bed of any lake or river, and islands which may
hereafter form in the navigable waters of said state, which would
otherwise have become the property of the state, shall pass in the same
manner as in the case of such lands already formed, to the counties in
which they are situated, for the purpose and subject to the power of
survey and sale, as provided in sections 241.290 to 241.340. (RSMo 1939 §
12792)

Prior revisions: 1929 § 11168; 1919 § 7032; 1909 § 8035

All counties in which such islands are situated may, subject to
the provisions of section 241.311, cause them to be appropriately
surveyed and sell and convey them in the same manner as lands are sold
under the provisions of section 241.310, and for the same purposes. (L.
1971 H.B. 140 § 3)

All counties in which any such lands are situated shall have the
power to cause the same to be appropriately surveyed, and to sell and
convey them in the same manner that the swamplands acquired under the act
of congress of September 28, 1850, entitled "An act to enable the state
of Arkansas and other states to reclaim the swamp and overflowed lands in
their limits", afterward donated to the counties in which they were
situated, or conveyed; and the proceeds of all such sales shall become a
part of the swampland school funds of the counties in which said lands
are situated. (RSMo 1939 § 12790)

Prior revisions: 1929 § 11166; 1919 § 7030; 1909 § 8033

Any land sold under the provisions of sections 241.291, 241.309
and 241.311 or under the provisions of sections 241.290 to 241.340, shall
be sold only at public auction to the highest bidder. (L. 1971 H.B. 140 §
4)

In surveying the lands and islands referred to in sections
241.290 to 241.340 the surveyor shall connect the survey thereof with
some established section, quarter section, meander or other United States
survey corner conveniently near or adjacent to the land or island to be
surveyed; he shall meander islands and such lake and riverbed lands as
may abut on a navigable river or lake; he shall subdivide such lands into
sections and quarter sections by producing and extending the lines of the
surveys made by the United States surveyors over such islands and lands
from the shore from which said islands or lands may be surveyed. (RSMo
1939 § 12793)

Prior revisions: 1929 § 11169; 1919 § 7033; 1909 § 8036

No statute of limitations shall begin to run against the
counties in which any such lands are situated to prevent them from
recovering or acquiring such lands, for twenty years after the passage of
this law; but after that date such counties, as to such lands, shall be
subject to the same limitation laws as private individuals. (RSMo 1939 §
12791)

Prior revisions: 1929 § 11167; 1919 § 7031; 1909 § 8034

The county commission may employ surveyors to survey said lands
and islands, and attorneys to represent them in any suits pertaining
thereto, and shall pay such surveyors and attorneys reasonable
compensation for their services, to be paid out of any funds arising out
of the sale of such lands and islands, or out of the general revenue fund
of the county as may be agreed upon at the time such surveyors and
attorneys are employed. (RSMo 1939 § 12803)

Prior revisions: 1929 § 11179; 1919 § 7043; 1909 § 8046

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