HF 160

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; providing for definite and 
  1.3             specific descriptions for certain easements; applying 
  1.4             the requirement retroactively to all easements 
  1.5             whenever created; amending Minnesota Statutes 1998, 
  1.6             section 300.045. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 300.045, is 
  1.9   amended to read: 
  1.10     300.045 [EASEMENTS OVER PRIVATE PROPERTY, LIMITATIONS.] 
  1.11     (a) When public service corporations, including pipeline 
  1.12  companies, acquire easements over private property by purchase, 
  1.13  gift, or eminent domain proceedings, except temporary easements 
  1.14  for construction, they must definitely and specifically describe 
  1.15  the easement being acquired, and may not acquire an easement 
  1.16  greater than the minimum necessary for the safe conduct of their 
  1.17  business.  
  1.18     (b) For the purposes of this section, a public service 
  1.19  corporation may meet the requirement of a definite and specific 
  1.20  description of an easement by: 
  1.21     (1) including in the recorded description of the easement 
  1.22  the specific legal reference points as to the location of the 
  1.23  easement in relation to the corners of the specific property 
  1.24  involved at the points the easement enters and departs from the 
  1.25  property; or 
  1.26     (2) appending to the recorded description of the easement a 
  2.1   drawing that identifies by means of a scale or specific 
  2.2   measurements the location of the easement in relation to the 
  2.3   corners of the specific property involved at the points the 
  2.4   easement enters and departs from the property. 
  2.5      (c) When a question arises as to the location of an 
  2.6   easement across specific property and the recorded description 
  2.7   of the easement does not include a definite and specific 
  2.8   description of the easement by a method identified in clause (1) 
  2.9   or (2) paragraph (b), the public service corporation holding the 
  2.10  easement shall, upon written request by the specific property 
  2.11  owner, produce and record in a timely manner a definite and 
  2.12  specific description using a method described in clause (1) or 
  2.13  (2) paragraph (b).  The definite and specific description must 
  2.14  be the minimum necessary for the safe conduct of the business of 
  2.15  the public service corporation.  This paragraph applies to every 
  2.16  easement over private property acquired by a public service 
  2.17  corporation, regardless of when the easement was acquired or 
  2.18  created. 
  2.19     (d) This section does not require a public service 
  2.20  corporation to physically locate, establish, and monument by 
  2.21  means of a land survey prepared by a licensed land surveyor the 
  2.22  corners of the specific property involved. 
  2.23     (e) The amendment made to this section by this act is 
  2.24  effective the day after its final enactment and applies 
  2.25  retroactively to all easements whenever created.