Missouri Revised Statutes

Mo. Rev. Stat. § 174.040 (2026)

Board of regents, how known

✓ current as of May 2026

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174.040. Board of regents, how known — general powers. — The board of regents for each of the educational institutions referred to in section 174.020 shall be known respectively as "The Board of Regents" and by their respective names they shall have perpetual succession, with power to:

(1) Sue and be sued;

(2) Complain and defend in all courts;

(3) Take, purchase, and hold real estate, and sell and convey or otherwise dispose of the same;

(4) Condemn and 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; and

(5) Make and use a common seal and to alter the same.

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(RSMo 1939 § 10753, A. 1949 S.B. 1046, A.L. 1957 p. 482, A.L. 1979 S.B. 2)

Prior revisions: 1929 § 9596; 1919 § 11491; 1909 § 11065

CROSS REFERENCES:

Board of regents of University of Central Missouri and Missouri State University abolished and board of governors appointed, when, 174.450

Confidentiality, board of governors, recusal, 174.621

Meetings of board, closed to student representatives, when, 174.621

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1953–2022 · leading case: State ex rel. Bd. of Regents of Sw. Missouri State Univ. v. Bonacker, 765 S.W.2d 341 (Mo. Ct. App. 1989).

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State ex rel. Bd. of Regents of Sw. Missouri State Univ. v. Bonacker, 765 S.W.2d 341 (Mo. Ct. App. 1989). · cites it 6× “9, § 9(a) (1945)), the Board in the instant proceeding has perpetual succession (§ 174.040, RSMo 1986), just as the Board of Curators of the University of Missouri (§ 172.”

Dean v. Wissmann, 996 S.W.2d 631 (Mo. Ct. App. 1999). · cites it 4× “Section 174.040 and 174.120, RSMo 1994. 1 Dean sued CMSU, Arthur Rosser the dean of students, and Jeanne Wissmann, an assistant professor of nursing, claiming that Wiss-mann wrongfully accused him of academic dishonesty (stealing and attempting to steal tests before exams), in…”

Koch v. Bd. of Regents, Etc., 256 S.W.2d 785 (Mo. 1953). · cites it 2× “We do not have jurisdiction under any other provision of section 3, Art.”

Doe 7 v. Se. Missouri State Univ. (E.D. Mo. 2022). “§ 174.040, the Board of Regents of Southeast Missouri State University, not the institution itself, is the proper entity “to sue and be sued.”

— Mo. Rev. Stat. § 174.040(1) — 1 case

Dean v. Wissmann, 996 S.W.2d 631 (Mo. Ct. App. 1999). “Section 174.040 and 174.120, RSMo 1994. 1 Dean sued CMSU, Arthur Rosser the dean of students, and Jeanne Wissmann, an assistant professor of nursing, claiming that Wiss-mann wrongfully accused him of academic dishonesty (stealing and attempting to steal tests before exams), in…”

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