Phoenix, AZ asked in Land Use & Zoning and Real Estate Law for Missouri

Q: Asking about Missouri grandfathered claus. If someone purchases land and a business that are both grandfathered in...

Say the business is a salvage yard in city limits, but there has been a law made since it opened that no longer allows a salvage yard in city limits, but since the business was there first, its grandfathered in. If that land and business switches owners, does that grandfather claus still apply with the new owner?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Real Estate Law Lawyer
  • Tallahassee, FL

A: I am not licensed to practice in Missouri--but unless Missouri is unlike most if not all other states--grandfather clauses like the one you described here do not "run with the land." That means the answer is no, the new owner cannot expect to keep operating the junk yard--lawfully.

If you think this reading of the law is unfair or do not understand the reason for it, just think what big cities would look like if people could get around new zoning restrictions and continue operating brothels. pig farms, junk yards and other types of unwanted businesses within the city limits.

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