Mo. Rev. Stat. » Chapter 516
Missouri Revised Statutes

Mo. Rev. Stat. § 516.090 (2026)

Statute not to extend to certain lands

✓ laws through the 2026 session (checked Sept. 2026)
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  516.090.  Statute not to extend to certain lands. — Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to any lands belonging to this state.  This section shall be construed to prohibit any judgment granting adverse possession to a claimant where the defendant possesses an interest in land described in a recorded deed and is a public utility as defined in section 386.020, or is a rural electric cooperative as defined in chapter 394, or is an organization operating under section 394.200.

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(RSMo 1939 § 1011, A.L. 2006 S.B. 1045, A.L. 2007 S.B. 416)

Prior revisions: 1929 § 859; 1919 § 1314; 1909 § 1886

(2004) Section does not preclude school district from asserting limitation period in section 516.010 as defense to quiet title action in land previously used for a school.  Basye v. Fayette R-III School District Board of Education, 150 S.W.3d 111 (Mo.App.W.D.).

Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1959–2021 · leading case: Empire Dist. Elec. Co. v. Gaar, 26 S.W.3d 370 (Mo. Ct. App. 2000).
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Empire Dist. Elec. Co. v. Gaar, 26 S.W.3d 370 (Mo. Ct. App. 2000). · cites it 30× “Appellant contended that its land was given to a public use and therefore protected against adverse possession claims by § 516.090. 1 The- trial court rejected Appellant’s argument and vested title in Respondent.”
City of Gainesville v. Gilliland, 718 S.W.2d 553 (Mo. Ct. App. 1986). · cites it 20× “Subpara-graph “B” states: “The trial court erroneously declared and applied the law, because [Gilliland’s] claim of adverse possession is insufficient as a matter of law, in that adverse possession cannot be maintained against a city under Section 516.090 RSMo. [1978].” 3…”
Reardon v. Newell, 77 S.W.3d 758 (Mo. Ct. App. 2002). · cites it 12× “Cagle holds that a person cannot acquire title by adverse possession against a city, citing § 516.090. 591 S.W.2d at 159 . Section 516.”
Fandel v. Empire Dist. Elec. Co., 393 S.W.3d 100 (Mo. Ct. App. 2013). · cites it 17× “Prior to the amendment of section 516.090, RSMo Cum.Supp.2006, the previous version of the statute simply stated: "Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to…”
Basye v. Fayette R-III Sch. Dist. Bd. of Educ., 150 S.W.3d 111 (Mo. Ct. App. 2004). · cites it 11× “Appellants cite section 516.090 in support of their position that statutes of limitation do not apply to bar claims as to title of any land appropriated for a public use or which belong to the state.”
Harrison v. State Highways & Transp. Comm'n, 732 S.W.2d 214 (Mo. Ct. App. 1987). · cites it 16× “” It is true that the commission has not exercised the state’s rights under the 1959 easement, but there is no showing by plaintiffs that such rights could not now be exercised in spite of the use which plaintiffs have made of the land and the expenses which plaintiffs have…”
Rice v. Huff, 22 S.W.3d 774 (Mo. Ct. App. 2000). · cites it 4× “§ 516.090. Section 516.090 prevents a party from claiming adverse possession of land dedicated for a public street.”
Ollison v. Vill. of Climax Springs, 916 S.W.2d 198 (Mo. 1996). · cites it 2× “010, the ten-year statute of limitations, because § 516.090 3 rendered § 516.010 inapplicable in that plaintiffs were estopped from denying the existence of the streets shown on the plat (Exhibit C) because plaintiffs received their deed to Block Fifteen as described in the plat…”
Rodgers v. Threlkeld, 22 S.W.3d 706 (Mo. Ct. App. 1999). · cites it 3× “As stated, supra, in asserting their affirmative defense, the appellants relied on § 516.090. Section 516.090 provides that: “Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered or appropriated to any public, pious or charitable…”
Crede v. City of Oak Grove, 979 S.W.2d 529 (Mo. Ct. App. 1998). · cites it 3× “3 Section 516.090 provides that “[njoth-ing contained in any statute of limitation shall extend to any lands given, granted, sequestered or appropriated to any public, pious or charitable use, or to any lands belonging to this state.”
John v. Turner, 542 S.W.2d 293 (Mo. Ct. App. 1976). · cites it 4× “-090, RSMo 1969, which provides that “[njothing contained in any statute of limitation shall extend to any lands given, granted, sequestered or appropriated to any public, pious or charitable use, or to any lands belonging to this state,” he argues also that the use of land…”
MacDonough-Webster Lodge No. 26 v. Wells, 2003 VT 70, 834 A.2d 25. “” Mo. Rev. Stat. § 516.090 (2002). Because of the parallel language, the Court may properly consider the Missouri court’s construction of the statute.”
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