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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 513

Effective - 28 Aug 2001 bottom

  513.605.  Definitions. — As used in sections 513.600 to 513.645, unless the context clearly indicates otherwise, the following terms mean:

  (1)  (a)  "Beneficial interest":

  a.  The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or

  b.  The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person;

  (b)  "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership.  A beneficial interest shall be deemed to be located where the real property owned by the trustee is located;

  (2)  "Civil proceeding", any civil suit commenced by an investigative agency under any provision of sections 513.600 to 513.645;

  (3)  "Criminal activity" is the commission, attempted commission, conspiracy to commit, or the solicitation, coercion or intimidation of another person to commit any crime which is chargeable by indictment or information under the following Missouri laws:

  (a)  Chapter 195, relating to drug regulations;

  (b)  Chapter 565, relating to offenses against the person;

  (c)  Chapter 566, relating to sexual offenses;

  (d)  Chapter 568, relating to offenses against the family;

  (e)  Chapter 569, relating to robbery, arson, burglary and related offenses;

  (f)  Chapter 570, relating to stealing and related offenses;

  (g)  Chapter 567, relating to prostitution;

  (h)  Chapter 573, relating to pornography and related offenses;

  (i)  Chapter 574, relating to offenses against public order;

  (j)  Chapter 575, relating to offenses against the administration of justice;

  (k)  Chapter 491, relating to witnesses;

  (l)  Chapter 572, relating to gambling;

  (m)  Chapter 311, but relating only to felony violations of this chapter committed by persons not duly licensed by the supervisor of liquor control;

  (n)  Chapter 571, relating to weapons offenses;

  (o)  Chapter 409, relating to regulation of securities;

  (p)  Chapter 301, relating to registration and licensing of motor vehicles;

  (4)  "Criminal proceeding", any criminal prosecution commenced by an investigative agency under any criminal law of this state;

  (5)  "Investigative agency", the attorney general's office, or the office of any prosecuting attorney or circuit attorney;

  (6)  "Pecuniary value":

  (a)  Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; or

  (b)  Any other property or service that has a value in excess of one hundred dollars;

  (7)  "Real property", any estate or legal or equitable interest in land situated in this state or any interest in such real property, including, but not limited to, any lease or deed of trust upon such real property;

  (8)  "Seizing agency", the agency which is the primary employer of the officer or agent seizing the property, including any agency in which one or more of the employees acting on behalf of the seizing agency is employed by the state of Missouri or any political subdivision of this state;

  (9)  "Seizure", the point at which any law enforcement officer or agent discovers and exercises any control over property that an officer or agent has reason to believe was used or intended for use in the course of, derived from, or realized through criminal activity.  Seizure includes but is not limited to preventing anyone found in possession of the property from leaving the scene of the investigation while in possession of the property;

  (10)  (a)  "Trustee":

  a.  Any person who holds legal or record title to real property for which any other person has a beneficial interest; or

  b.  Any successor trustee or trustees to any of the foregoing persons;

  (b)  "Trustee" does not include the following:

  a.  Any person appointed or acting as a personal representative under chapter 475 or under chapter 473;

  b.  Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued.

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(L. 1986 S.B. 450 § 5, A.L. 2001 S.B. 5 & 21)


---- end of effective   28 Aug 2001 ----

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