Author Archives: Harry Styron

How dare you, King George!

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Near the end of the list of grievances in the Declaration of Independence, comes this bit:

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In 1776, England did not control North America west of the Appalachians, and the western part of the Carolinas, northern Georgia, and Florida were still held by natives. The signers of the Declaration of Independence were complaining that British armies had enlisted the aid of Indians during the French and Indian War. These alliances would continue during the Revolutionary War.

Another sixty years would pass before the natives east of the Mississippi were vanquished, exterminated or moved west, as armies led by Mad Anthony Wayne and Andrew Jackson, among others, pitted tribe against tribe and engaged in undistinguished destruction of all ages, sexes and conditions.

The sobering law of nationalism is that building nations involves the destruction of others.

The defunct HOA problem continues in Missouri, legislation needed urgently


Homeowner associations (HOAs) are given responsibility by recorded subdivision and condominium documents for maintaining, insuring and operating private communities’ common properties, such as streets, drinking water systems, sewer collection and treatment systems, and recreation facilities.

With many developers having abandoned projects before the HOA is operated by residents, the residents and other lot or unit owners (such as lenders that have foreclosed) are often faced with HOAs that cannot properly Read the rest of this entry

“Winter’s Bone” and the image of the Ozarks


This summer, people around the country will be seeing the movie version of Daniel Woodrell’s 2006 novel, “Winter’s Bone.” They’ll wonder if the movie shows life in the Ozarks as it really is. The movie was filmed in Taney and Christian counties in Southwest Missouri, during the winter of 2009. You can see the trailer and read a synopsis of the plot.

This movie, with its glowing reviews and big success at the Sundance Film Festival, raises a couple of interesting questions: Read the rest of this entry

Whose oil and gas is it?

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The constantly dispiriting news about the uncontrolled oil and gas well 50 miles off Louisiana generally doesn’t address the financial loss resulting from the wasted oil and gas. This brings up the question of who owns the oil and gas that is escaping.

While BP is losing in every possible way, including financially, the loss of income from the wasted oil and gas extends to the United States Treasury, the coffers of states of Texas, Louisiana, Mississippi and Alabama, and two federally-administered funds, the Land and Water Conservation Fund and the Historic Preservation Fund. This publication of the Minerals Management Service gives an overview of the process of oil and gas leasing on the Outer Continental Shelf in the Gulf of Mexico.

In short, the oil and gas underlying the Outer Continental Shelf belongs to the people of the United States. The Department of the Interior’s Mineral Management Service acts as the trustee for the people of the United States in managing this resource.

Arkansas’s high court says an affidavit of lost mortgage is notice of nothing

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You can ignore an affidavit of lost mortgage in Arkansas. Is this news you can use?

Maybe not, but there’s still a lesson in Wetzel v. Mortgage Elec. Registration Sys., Inc., a May 20, 2010 decision of the Arkansas Supreme Court.

The lesson is Read the rest of this entry

Branson Commerce Park opens new possibilities for Branson

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With its infrastructure complete, the streets, water and sewer systems of Branson Commerce Park were turned over to the City of Branson today. This 200-acre development on the north side of Branson is designed for commercial, light-industrial and residential development. In the photo, owner’s representative Phil Lopez and Branson mayor Raeanne Presley prepare to cut the ceremonial ribbon.

The original developer of Branson Commerce Park took advantage of Missouri’s Community Improvement District (CID) statutes to finance the installation of streets and water, sewer and underground telecommunication lines. Rather than install the infrastructure in phases, with years of construction traffic, the digging and disruption is over, except for what takes place on each lot. The CID program as used here does not involve the use of any taxpayer outlays or liability. However, a portion of the cost of installation of the infrastructure is allocated to each lot annually, collected with property taxes and remitted by Taney County to the trustee for the bondholders. The bondholders, through the purchase of the CID’s bonds, provided the construction money.

The Branson area is a popular destination for vacations and retirement, with not many private sector jobs outside these industries. Branson Commerce Park provides an ideal location for enterprises that support Branson’s extensive medical facilities and its many resorts, hotels and restaurants.

But there’s more. Because of its telecommunications infrastructure, Branson Commerce Park is a practical location for businesses that can be wherever there’s a good electronic link to the world. Entrepreneurs and employees who are attracted to the Ozarks may appreciate Branson Commerce Park’s proximity and easy access to residential neighborhoods, shopping, medical facilities, K-12 schools, and Branson’s RecPlex.

All owners are necessary parties in condominium litigation when class action fails

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The Villa Dorado condominium has 45 buildings, only nine of which have elevators. When the condominium association’s board assessed every unit owner for repairs to elevators, Epstein and Root protested. Their units were in buildings with no elevators, Read the rest of this entry

Widow gives it away and still gets to keep real estate


Sharon and Ron married in 1986, but couldn’t live together. After several separations, in 2005 they split for good, and Sharon had another guy. Sharon signed a deed at Ron’s request, apparently giving up her interest in a piece of real estate that they owned as husband and wife. But they never Read the rest of this entry

A real estate sub-agent can’t sue the seller for a commission


It’s a bitter lesson. A real estate agent spends money advertising and showing property. But when the deal closes, no commission is paid.

To prove the right to a commission, the agent must prove only two things:

  • that the agent was the “procuring cause of the sale”
  • that an employment relationship existed between the seller and the agent.

The case Deer Run Properties v Keys to the Lake illustrates that the second point Read the rest of this entry

Laws relating to use of Missouri’s streams


It’s that time of year again. People are floating on Missouri streams and testing the water temperature for swimming. I’ve revised my primer on Missouri stream law. You can read it online here, or you can have a pdf version. I’m still collecting information for a piece on Missouri’s laws relating to lakes.