172.020. Corporate name — powers of curators — restrictions on dealings in real property, timber or minerals, rules — notice. — Pursuant to Sections 9(a) and 9(b) of Article IX of the Missouri Constitution, the state university is hereby incorporated and created as a body politic and shall be known by the name of "The Curators of the University of Missouri", and by that name shall have perpetual succession, power to sue and be sued, complain and defend in all courts; to make and use a common seal, and to alter the same at pleasure; to take, purchase and to sell, convey and otherwise dispose of lands and chattels, except that the curators shall not have the power to subdivide, sell or convey title to any portion of any parcel of land containing in excess of twenty-five hundred contiguous acres unless such transaction is approved by the general assembly by passage of a concurrent resolution signed by the governor. The curators shall not sell, trade or otherwise convey or permit the severance of timber, minerals or other natural resources, unless the curators comply with bidding procedures established by rule that mandate notice of the transaction be provided in a manner reasonably calculated to apprise prospective purchasers. Such rule or rules must at a minimum require at least one notice of the transaction be published in a newspaper of general circulation where the resources are located. The curators may act as trustee in all cases in which there be a gift of property or property left by will to the university or for its benefit or for the benefit of students of the university; to condemn an appropriate real estate or other property, or any interest therein, for any public purpose within the scope of its organization, in the same manner and with like effect as is provided in chapter 523 relating to the appropriation and valuation of lands taken for telegraph, telephone, gravel and plank or railroad purposes; provided, that if the curators so elect, no assessment of damages or compensation under this law shall be payable and no execution shall issue before the expiration of sixty days after the adjournment of the next regular session of the legislature held after such assessment is made, but the same shall bear interest at the rate of six percent per annum from its date until paid; and provided further, that the curators may, at any time, elect to abandon the proposed appropriation of property by an instrument of writing to that effect, to be filed with the clerk of the court and entered on the minutes of the court, and as to so much as is thus abandoned, the assessment of damages or compensation shall be void.
Notes of Decisions
Tribune Publ'g Co. v. Curators of the Univ. of Missouri, 661 S.W.2d 575 (Mo. Ct. App. 1983).
· cites it 7× “” (emphasis added) Section 172.020, RSMo 1969 (now § 172.020 RSMo 1978), cited by appellants, reads, insofar as here pertinent, as follows: “The University is hereby incorporated and created a body politic, and shall be known by the name of ‘The Curators of the University of…”
State Ex Rel. Milham v. Rickhoff, 633 S.W.2d 733 (Mo. 1982).
· cites it 4× “The University is hereby incorporated and created a body politic and shall be known by the name of "The Curators of the University of Missouri", and by that name shall have perpetual succession, power to sue and be sued, complain and defend in all courts .”
Hendricks v. Curators of Univ. Of Missouri, 308 S.W.3d 740 (Mo. Ct. App. 2010).
· cites it 2× “Section 172.020 provides that “the state university is hereby incorporated and created as a body politic and shall be known by the name of 'The Curators of the University of Missouri/ and by that name shall have perpetual succession, power to sue and be sued, complain and defend…”
Hoferek v. Univ. of Missouri, 604 F. Supp. 938 (W.D. Mo. 1985).
· cites it 4× “Plaintiff goes on to assert that in the event the Curators of the University of Missouri do otherwise enjoy the protection of the Eleventh Amendment, the Missouri Legislature has waived such protection by the “sue and be sued” language of Mo.Rev.Stat. § 172.020. 1 Plaintiff’s…”
State Ex Rel. Curators of the Univ. of Missouri v. Neill, 397 S.W.2d 666 (Mo. 1966).
· cites it 2× “Section 172.020 incorporates and creates the University as “a body politic” under the name, “The Curators of the University of Missouri”, and, among other things, grants this public corporation the power to purchase and sell lands and chattels, and to condemn property for its…”
State Ex Rel. Ormerod v. Hamilton, 130 S.W.3d 571 (Mo. 2004).
· cites it 4× “4 Curators is a unique form of public corporation created by section 172.020 and article IX, section 9(a) of the Missouri Constitution.”
Barish v. Dir. of Revenue, 872 S.W.2d 167 (Mo. Ct. App. 1994).
“A “public servant” is “any person employed in any way by a government of this state who is compensated by the government by reason of his employment.” Section 556.061(23), RSMo Cum.”
Curators of the Univ. of Missouri v. Brown, 809 S.W.2d 64 (Mo. Ct. App. 1991).
· cites it 3× “Brown relies upon a number of cases which hold that a public entity may not acquire property for use by a private entity through the use of the power of condemnation.”
Thielecke v. United States, 491 F. Supp. 1343 (E.D. Mo. 1980).
· cites it 2× “The Constitution of the State of Missouri vests the government of the state university in a board of curators appointed by the governor with the advice and consent of the senate.”
Hemphill v. Moore, 661 F. Supp. 1192 (E.D. Mo. 1987).
· cites it 2× “" The Curators' enabling legislation is found at Mo. Rev.Stat. § 172.020 (Vernon Supp.1987).”
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