Mo. Rev. Stat. » Chapter 140
Missouri Revised Statutes

Mo. Rev. Stat. § 140.490 (2026)

Action by damaged party against collector

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  140.490.  Action by damaged party against collector. — Whenever the owner of any tract, lot, parcel or piece of land is deprived of his title thereto, or to some portion thereof, or by reason of any suit in relation thereto is put to expense, damages, costs or charges, by reason of the failure of the county collector to give proper credit for any taxes paid by him, or whenever any tract, parcel or lot of land shall have been assessed to two or more different persons and the entire tax shall have been paid by either of them, and the collector shall sell such land as delinquent on account of the nonpayment by the other party of the taxes assessed against him thereon, the party damaged by such sale, or his legal representatives, may, in an action against the officer by whose act or omission such damages have been caused, or upon his official bond, recover a judgment for the amount of all the damages, costs and charges to which such owner may have been subjected in consequence of such failure or such dereliction of duty, and in addition a ten percent penalty thereon.

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(RSMo 1939 § 11172)

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1984–2024 · leading case: Ashworth v. Schneider, 667 S.W.2d 16 (Mo. Ct. App. 1984).
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Ashworth v. Schneider, 667 S.W.2d 16 (Mo. Ct. App. 1984). · cites it 5× “Louis County (assessor) for actual and punitive damages for improper assessment and sale of their backyard, under § 140.490, RSMo 1978. The trial court quieted title to the real estate in the owners, but dismissed the count on slander.”
Braun v. Petty, 129 S.W.3d 449 (Mo. Ct. App. 2004). · cites it 2× “The court went on to find that “this action to quiet title” was not barred by the statute of limitations in section 140.490 and that, with the issue before it, the court must determine title.”
Lawson Rural Fire Ass'n v. Avery, 764 S.W.2d 113 (Mo. Ct. App. 1988). · cites it 3× “In Ashworth , property owners brought an action against a county assessor, under § 140.490, RSMo 1978, for actual and punitive damages for the improper assessment and sale of their backyard.”
Physicians Choice Wellness Dev., LLC v. Mark R. Devore, 707 S.W.3d 751 (Mo. Ct. App. 2024). · cites it 2× “, section 140.490 (permitting property owners to sue the collector for improper assessment and/or sale after improper assessment).”
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