HF 1347

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/01/2023 10:26am

A bill for an act
relating to real property; exempting state agencies from actions under the
Marketable Title Act; amending Minnesota Statutes 2022, section 541.023,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 541.023, subdivision 6, is amended to read:

Subd. 6.

Limitations; certain titles not affected.

This section shall not affect any rights
of the federal government; nor increase the effect as notice, actual or constructive, of any
instrument now of record; nor bar the rights of any person, partnership, new text begin state agency or
department, new text end or corporation in possession of real estate. This section shall not impair the
record title or record interest, or title obtained by or through any congressional or legislative
grant, of any railroad corporation or other public service corporation or any trustee or receiver
thereof or of any educational or religious corporation in any real estate by reason of any
failure to record further evidence of such title or interest even though the record thereof is
now or hereafter more than 40 years old; nor shall this section require the recording of any
notice as provided for in this section as to any undischarged mortgage or deed of trust
executed by any such corporation or any trustee or receiver thereof or to any claim or action
founded upon any such undischarged mortgage or deed of trust. The exceptions of this
subdivision shall not include (1) reservations or exceptions of land for right-of-way or other
railroad purposes contained in deeds of conveyance made by a railroad company or by
trustees or receivers thereof, unless said reserved or excepted land shall have been put to
railroad use within 40 years after the date of said deeds of conveyance, (2) nor any rights
under any conditions subsequent or restrictions contained in any such deeds of conveyance.