Missouri Laws 427.021 – Definitions
As used in sections 427.011 to 427.041, the following terms mean:
(1) “Contaminate” or “pollute”, contamination or pollution of air, water, real or personal property, animals, or human beings from a location in the state of Missouri, including, but not limited to, contamination or pollution from hazardous substances or radioactive materials as otherwise defined by subdivision (5) of section 260.500;
Terms Used In Missouri Laws 427.021
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Trustee: A person or institution holding and administering property in trust.
- United States: includes such district and territories. See Missouri Laws 1.020
(2) “Lender-owner”, an individual, a bank, a bank holding company, a savings and loan association, a credit union, an insurance company, a consumer finance company, a mortgage company or an institution chartered pursuant to the provisions of an act of Congress of the United States known as the Farm Credit Act of 1971, which has or had a bona fide security interest in or mortgage or lien on real or personal property, which are hereafter referred to as financial institutions, which interest was not obtained primarily for the purpose of avoiding environmental liability arising from or at the site of such real or personal property, including:
(a) A financial institution which forecloses on a debt;
(b) A financial institution which receives an assignment on a debt;
(c) A financial institution which receives a deed in lieu of foreclosure or other conveyance in full or partial satisfaction of a debt;
(d) A financial institution which obtains a receiver in anticipation of foreclosure, whether or not such financial institution becomes the owner of such real or personal property; or
(e) A financial institution which is a regulated creditor principally in the business of extending credit and which obtains title pursuant to an execution of a judgment lien;
(3) “Participating in management” does not include monitoring a debtor’s business, acquiring title in lieu of a foreclosure or other agreement in settlement of the operator’s or property owner’s debt;
(4) “Representative”, any person or entity acting in the capacity of a conservator, guardian ad litem, personal representative of a deceased person, or trustee or fiduciary of real or personal property; except that the terms “trustee” and “fiduciary” shall be limited either to entities acting as trustee or fiduciary and which are chartered by the state division of credit unions, or the division of finance, the office of the United States Comptroller of the Currency, the National Credit Union Administration, or the Office of Thrift Supervision, or an individual or fiduciary of an irrevocable trust who does not have an interest as a beneficiary either at the time the trust was established or amended, provided that:
(a) Such trust was not established or assets were transferred to such trust for the intended purpose of avoiding environmental liability; or
(b) Such individual trustee or fiduciary does not impair or obstruct access by any governmental entity to any trust asset to contain, control, or otherwise remediate hazardous substances;
(5) “Third parties”, persons or entities, including governmental entities, seeking to enforce environmental statutes, ordinances, regulations, permits, or orders or asserting third-party liability as defined below; without limiting the generality of the foregoing, a “third party” includes any beneficiary of a trust held by a representative; and
(6) “Third-party liability”, liability to third parties for any claims, fines, damages or penalties arising out of or resulting from contamination or pollution, including, without limitations, claims for personal injury, consequential damages, lost profits, exemplary damages, or property damages or in connection with the enforcement of environmental statutes, ordinances, regulations, permits or orders.