1.1 	A bill for an act
1.2 	relating to local government; making technical changes
1.3 	to filing and recording laws; amending Minnesota
1.4 	Statutes 2004, sections 41.65, subdivision 3; 49.05,
1.5 	subdivision 2; 49.215, subdivision 3; 52.20,
1.6 	subdivisions 2, 3; 60B.16, subdivision 1; 60B.21,
1.7 	subdivision 1; 60B.25; 60B.52, subdivision 2; 60B.53,
1.8 	subdivision 2; 60B.55, subdivision 2; 66A.21,
1.9 	subdivision 2; 88.14, subdivision 3; 88.41; 88.49,
1.10 	subdivisions 2, 3, 5; 88.491, subdivision 2; 92.17;
1.11 	93.52, subdivision 2; 93.55, subdivisions 1, 1a, 2, 5;
1.12 	93.551; 94.19; 103I.341, subdivisions 1, 4; 117.065;
1.13 	164.06, subdivision 2; 164.07, subdivision 11; 222.29;
1.14 	238.25, subdivision 10; 273.165, subdivision 1;
1.15 	281.322; 281.328, subdivision 1; 284.07; 284.08;
1.16 	284.11; 284.18; 306.02, subdivision 1; 306.24; 307.06;
1.17 	307.07; 315.01, subdivisions 3, 4; 315.17, subdivision
1.18 	3; 315.19; 315.20, subdivisions 2, 3; 315.32; 315.365,
1.19 	subdivision 2; 315.44; 316.09; 317A.021, subdivision
1.20 	4; 317A.051, subdivision 2; 318.02, subdivision 3;
1.21 	322.02; 322.25, subdivision 4; 322A.86; 327A.04,
1.22 	subdivision 3; 327C.095, subdivisions 8, 11; 344.06;
1.23 	344.08; 375.14; 381.12, subdivision 1; 382.08; 382.10;
1.24 	384.02; 384.08; 385.02, subdivision 1; 386.03; 386.04;
1.25 	386.05; 386.13; 386.16; 386.19; 386.20, subdivisions
1.26 	1, 3; 386.23, subdivisions 1, 2; 386.26, subdivision
1.27 	3; 386.29; 386.31; 386.32; 386.36; 386.37; 386.45;
1.28 	387.01; 387.33, subdivision 2; 388.01; 388.10;
1.29 	389.011, subdivisions 1, 3; 390.05; 394.27,
1.30 	subdivision 8; 394.301, subdivision 4; 394.33,
1.31 	subdivision 1; 394.35; 395.18; 395.22; 398.19; 410.11;
1.32 	412.851; 429.061, subdivision 2; 444.17; 447.31,
1.33 	subdivision 4; 462.359, subdivision 2; 462.3595,
1.34 	subdivision 4; 462.36, subdivision 1; 462A.31,
1.35 	subdivision 7; 463.15, subdivision 4; 465.19; 471.928;
1.36 	485.01; 485.03; 485.05; 489.03; 507.24, subdivision 1;
1.37 	508.35; 508.37; 508.38; 519.091, subdivision 2;
1.38 	541.023, subdivisions 2, 2a, 4, 6; 548.09, subdivision
1.39 	1; 548.25; 550.31; 550.32; 559.17, subdivisions 2, 3;
1.40 	559.209, subdivision 2; 559.21, subdivision 4; 559.23;
1.41 	570.061, subdivision 2; 570.11; 570.14; 576.01,
1.42 	subdivision 2; 577.02; 577.10; 580.032, subdivisions
1.43 	1, 3; 580.09; 580.15; 580.17; 580.23, subdivision 4;
1.44 	580.24; 580.29; 600.21; repealing Minnesota Statutes
1.45 	2004, sections 386.183; 386.34; 386.53; 580.16.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	Section 1. Minnesota Statutes 2004, section 41.65,
2.3 	subdivision 3, is amended to read:
2.4 		Subd. 3.Restricted agricultural use.  (a) Acquired
2.5 	property that has marginal land as defined in section 103F.511,
2.6 	subdivision 7, or wetlands must be restricted from agricultural
2.7 	use on the marginal land or wetlands.
2.8 	(b) If the commissioner determines that all or a portion of
2.9 	acquired property should be taken out of agricultural use or
2.10 	particular agricultural uses should be restricted, the
2.11 	commissioner shall have the attorney general prepare an easement
2.12 	restricting the agricultural use and file record the easement
2.13 	with the county recorder where the property is located.

2.14 	Sec. 2. Minnesota Statutes 2004, section 49.05,
2.15 	subdivision 2, is amended to read:
2.16 		Subd. 2.Certificates prior to foreclosure sales.  Prior
2.17 	to any sale under any foreclosure proceedings, the commissioner
2.18 	shall file for record in the office of the county recorder of
2.19 	the county where any land affected by any such foreclosure sale
2.20 	is situated, a certificate under the commissioner's hand, as
2.21 	such commissioner, stating therein the corporate name of the
2.22 	financial institution affected; its principal place of business;
2.23 	that possession of its property and business has been taken by
2.24 	the commissioner under the laws of the state, and the date of
2.25 	taking possession thereof; and that it is in process of
2.26 	liquidation by the commissioner, pursuant to the laws of this
2.27 	state, if such be the fact.  A like certificate shall be filed
2.28 	for record recorded by the commissioner in the office where any
2.29 	such mortgage or lien is recorded.  This certificate, or a duly
2.30 	certified copy thereof, shall be prima facie evidence of the
2.31 	facts therein set forth.  Only one such certificate need
2.32 	be filed recorded as hereinbefore provided in this section, for
2.33 	each financial institution in liquidation.  All foreclosure
2.34 	proceedings heretofore conducted, whether the certificate was
2.35 	filed for record recorded as to each such foreclosure or not,
2.36 	are hereby validated if one such certificate has been filed 
3.1 	recorded as to each financial institution in liquidation, or if
3.2 	the commissioner shall after any foreclosure sale file record a
3.3 	certificate reciting the facts required to be set out in an
3.4 	original certificate, as they existed prior to the foreclosure
3.5 	sale.

3.6 	Sec. 3. Minnesota Statutes 2004, section 49.215,
3.7 	subdivision 3, is amended to read:
3.8 		Subd. 3.Certificate of liquidation.  Upon compliance
3.9 	with the foregoing and upon filing with the commissioner an
3.10 	affidavit of the president and cashier or vice president
3.11 	conducting the duties of cashier of said financial institution
3.12 	that the provisions of subdivision 4 have been complied with and
3.13 	that all depositors and other creditors have been paid in full,
3.14 	or, if any dividends or any moneys set apart for the payment of
3.15 	claims remain unpaid and the places of residence of the
3.16 	depositors or other creditors are unknown to the persons making
3.17 	the affidavit, that sufficient funds have been turned over to
3.18 	the commissioner for payment into the state treasury to pay said
3.19 	depositors and other creditors, in the manner provided by
3.20 	subdivision 5, the commissioner shall issue a certificate of
3.21 	liquidation, and, upon the filing for record of said certificate
3.22 	of liquidation in the Office of the Secretary of State and the
3.23 	recording in the office of the county recorder of the county of
3.24 	the principal place of business of such financial institution
3.25 	immediately prior to its voluntary liquidation, the liquidation
3.26 	of said financial institution shall be complete, and its
3.27 	corporate existence shall thereupon terminate.

3.28 	Sec. 4. Minnesota Statutes 2004, section 52.20,
3.29 	subdivision 2, is amended to read:
3.30 		Subd. 2.filing recording documents; commissioner's
3.31 	approval; bond.  Immediately after this meeting and before the
3.32 	committee shall proceed with the liquidation, the officers of
3.33 	the credit union shall file with the commissioner of commerce a
3.34 	certified copy of the minutes of this meeting, a written
3.35 	statement outlining the plan of liquidation, and a verified
3.36 	statement, in writing, signed by a majority of the officers,
4.1 	consenting to this liquidation containing the names and
4.2 	addresses of all officers and directors of the credit union.
4.3 	After the commissioner of commerce shall, by proper examination,
4.4 	determine that the credit union is solvent, the commissioner
4.5 	shall, within 60 days, issue a certificate of approval of the
4.6 	liquidation, which certificate shall be filed recorded with the
4.7 	county recorder in the county where the credit union is located.
4.8 	A "solvent" credit union is one which is able to pay all of its
4.9 	debts and deposits.  From and after this special meeting the
4.10 	credit union shall cease to do business except for purposes of
4.11 	liquidation.  Before commencing the liquidation the committee
4.12 	shall execute and file with the commissioner of commerce a bond
4.13 	running to the state of Minnesota for the benefit of the members
4.14 	and creditors of the credit union in such amount and with such
4.15 	sureties and in such form as shall be approved by the
4.16 	commissioner of commerce, conditioned for the faithful
4.17 	performance of all duties of its trust.  A bond may be waived in
4.18 	case of a bulk sale of assets to one or more purchasers upon
4.19 	terms approved by the commissioner of commerce.  Such purchasers
4.20 	may include other credit unions or an association of credit
4.21 	unions.

4.22 	Sec. 5. Minnesota Statutes 2004, section 52.20,
4.23 	subdivision 3, is amended to read:
4.24 		Subd. 3.Time of dissolution.  Upon filing recording this
4.25 	certificate with the county recorder, the credit union shall be
4.26 	deemed dissolved and its corporate existence terminated except
4.27 	for the purpose of discharging its debts, collecting and
4.28 	distributing its assets, and doing all other acts required in
4.29 	order to liquidate.  The credit union shall have a corporate
4.30 	existence and may sue and be sued.

4.31 	Sec. 6. Minnesota Statutes 2004, section 60B.16,
4.32 	subdivision 1, is amended to read:
4.33 		Subdivision 1.Appointment of rehabilitator.  An order to
4.34 	rehabilitate the business of a domestic insurer, or an alien
4.35 	insurer domiciled in this state, shall appoint the commissioner
4.36 	and successors in office rehabilitator and shall direct the
5.1 	rehabilitator forthwith to take possession of the assets of the
5.2 	insurer and to administer them under the orders of the court.
5.3 	The filing or recording of the order with any county recorder in
5.4 	the state imparts the same notice as a deed, bill of sale, or
5.5 	other evidence of title duly filed or recorded with that county
5.6 	recorder.

5.7 	Sec. 7. Minnesota Statutes 2004, section 60B.21,
5.8 	subdivision 1, is amended to read:
5.9 		Subdivision 1.Order to liquidate.  An order to liquidate
5.10 	the business of a domestic insurer shall appoint the
5.11 	commissioner and successors in office liquidator and shall
5.12 	direct the liquidator forthwith to take possession of the assets
5.13 	of the insurer and to administer them under the orders of the
5.14 	court.  The liquidator shall be vested by operation of law with
5.15 	the title to all of the property, contracts, and rights of
5.16 	action and all of the books and records of the insurer ordered
5.17 	liquidated, wherever located, as of the date of the filing of
5.18 	the petition for liquidation.  The commissioner may recover and
5.19 	reduce the same to possession except that ancillary receivers in
5.20 	reciprocal states shall have, as to assets located in their
5.21 	respective states, the rights and powers which are prescribed in
5.22 	section 60B.55, subdivision 3, for ancillary receivers appointed
5.23 	in this state as to assets located in this state.  The filing or 
5.24 	recording of the order with any county recorder in this state
5.25 	imparts the same notice as a deed, bill of sale, or other
5.26 	evidence of title duly filed or recorded with that county
5.27 	recorder.

5.28 	Sec. 8. Minnesota Statutes 2004, section 60B.25, is
5.29 	amended to read:
5.30 	60B.25 POWERS OF LIQUIDATOR.
5.31 	The liquidator shall report to the court monthly, or at
5.32 	other intervals specified by the court, on the progress of the
5.33 	liquidation in whatever detail the court orders.  The liquidator
5.34 	shall coordinate activities with those of each guaranty
5.35 	association having an interest in the liquidation and shall
5.36 	submit a report detailing how coordination will be achieved to
6.1 	the court for its approval within 30 days following appointment,
6.2 	or within the time which the court, in its discretion, may
6.3 	establish.  Subject to the court's control, the liquidator may:
6.4 	(1) Appoint a special deputy to act under sections 60B.01
6.5 	to 60B.61 and determine the deputy's compensation.  The special
6.6 	deputy shall have all powers of the liquidator granted by this
6.7 	section.  The special deputy shall serve at the pleasure of the
6.8 	liquidator.
6.9 	(2) Appoint or engage employees and agents, actuaries,
6.10 	accountants, appraisers, consultants, and other personnel deemed
6.11 	necessary to assist in the liquidation without regard to chapter
6.12 	14.
6.13 	(3) Fix the compensation of persons under clause (2),
6.14 	subject to the control of the court.
6.15 	(4) Defray all expenses of taking possession of,
6.16 	conserving, conducting, liquidating, disposing of, or otherwise
6.17 	dealing with the business and property of the insurer.  If the
6.18 	property of the insurer does not contain sufficient cash or
6.19 	liquid assets to defray the costs incurred, the liquidator may
6.20 	advance the costs so incurred out of the appropriation made to
6.21 	the Department of Commerce.  Any amounts so paid shall be deemed
6.22 	expense of administration and shall be repaid for the credit of
6.23 	the Department of Commerce out of the first available money of
6.24 	the insurer.
6.25 	(5) Hold hearings, subpoena witnesses and compel their
6.26 	attendance, administer oaths, examine any person under oath and
6.27 	compel any person to subscribe to testimony after it has been
6.28 	correctly reduced to writing, and in connection therewith
6.29 	require the production of any books, papers, records, or other
6.30 	documents which the liquidator deems relevant to the inquiry.
6.31 	(6) Collect all debts and money due and claims belonging to
6.32 	the insurer, wherever located, and for this purpose institute
6.33 	timely action in other jurisdictions, in order to forestall
6.34 	garnishment and attachment proceedings against such debts; do
6.35 	such other acts as are necessary or expedient to collect,
6.36 	conserve, or protect its assets or property, including sell,
7.1 	compound, compromise, or assign for purposes of collection, upon
7.2 	such terms and conditions as the liquidator deems best, any bad
7.3 	or doubtful debts; and pursue any creditor's remedies available
7.4 	to enforce claims.
7.5 	(7) Conduct public and private sales of the property of the
7.6 	insurer in a manner prescribed by the court.
7.7 	(8) Use assets of the estate to transfer coverage
7.8 	obligations to a solvent assuming insurer, if the transfer can
7.9 	be arranged without prejudice to applicable priorities under
7.10 	section 60B.44.
7.11 	(9) Acquire, hypothecate, encumber, lease, improve, sell,
7.12 	transfer, abandon, or otherwise dispose of or deal with any
7.13 	property of the insurer at its market value or upon such terms
7.14 	and conditions as are fair and reasonable, except that no
7.15 	transaction involving property the market value of which exceeds
7.16 	$10,000 shall be concluded without express permission of the
7.17 	court.  The liquidator may also execute, acknowledge, and
7.18 	deliver any deeds, assignments, releases, and other instruments
7.19 	necessary or proper to effectuate any sale of property or other
7.20 	transaction in connection with the liquidation.  In cases where
7.21 	real property sold by the liquidator is located other than in
7.22 	the county where the liquidation is pending, the liquidator
7.23 	shall cause to be filed recorded with the county recorder for
7.24 	the county in which the property is located a certified copy of
7.25 	the order of appointment.
7.26 	(10) Borrow money on the security of the insurer's assets
7.27 	or without security and execute and deliver all documents
7.28 	necessary to that transaction for the purpose of facilitating
7.29 	the liquidation.
7.30 	(11) Enter into such contracts as are necessary to carry
7.31 	out the order to liquidate, and affirm or disavow any contracts
7.32 	to which the insurer is a party.
7.33 	(12) Continue to prosecute and institute in the name of the
7.34 	insurer or in the liquidator's own name any suits and other
7.35 	legal proceedings, in this state or elsewhere, and abandon the
7.36 	prosecution of claims the liquidator deems unprofitable to
8.1 	pursue further.  If the insurer is dissolved under section
8.2 	60B.23, the liquidator may apply to any court in this state or
8.3 	elsewhere for leave to be substituted for the insurer as
8.4 	plaintiff.
8.5 	(13) Prosecute any action which may exist in behalf of the
8.6 	creditors, members, policyholders, or shareholders of the
8.7 	insurer against any officer of the insurer, or any other person.
8.8 	(14) Remove any records and property of the insurer to the
8.9 	offices of the commissioner or to such other place as is
8.10 	convenient for the purposes of efficient and orderly execution
8.11 	of the liquidation.
8.12 	(15) Deposit in one or more banks in this state such sums
8.13 	as are required for meeting current administration expenses and
8.14 	dividend distributions.
8.15 	(16) Deposit with the State Board of Investment for
8.16 	investment pursuant to section 11A.24, all sums not currently
8.17 	needed, unless the court orders otherwise.
8.18 	(17) Record or file any necessary documents for record in
8.19 	the office of any county recorder or record office in this state
8.20 	or elsewhere where property of the insurer is located.
8.21 	(18) Assert all defenses available to the insurer as
8.22 	against third persons, including statutes of limitations,
8.23 	statutes of frauds, and the defense of usury.  A waiver of any
8.24 	defense by the insurer after a petition for liquidation has been
8.25 	filed shall not bind the liquidator.
8.26 	(19) Exercise and enforce all the rights, remedies, and
8.27 	powers of any creditor, shareholder, policyholder, or member,
8.28 	including any power to avoid any transfer or lien that may be
8.29 	given by law and that is not included within sections 60B.30 and
8.30 	60B.32.
8.31 	(20) Intervene in any proceeding wherever instituted that
8.32 	might lead to the appointment of a receiver or trustee, and act
8.33 	as the receiver or trustee whenever the appointment is offered.
8.34 	(21) Enter into agreements with any receiver or
8.35 	commissioner of any other state relating to the rehabilitation,
8.36 	liquidation, conservation, or dissolution of an insurer doing
9.1 	business in both states.
9.2 	(22) Collect from an insured any unpaid earned premium or
9.3 	retrospectively rated premium due the insurer based on the
9.4 	termination of coverage under section 60B.22.  Premium on surety
9.5 	business is considered earned at inception if no policy term can
9.6 	be determined.  All other premium will be considered earned and
9.7 	will be prorated over the determined policy term, regardless of
9.8 	any provision in the bond, guaranty, contract, or other
9.9 	agreement.
9.10 	(23) Exercise all powers now held or hereafter conferred
9.11 	upon receivers by the laws of this state not inconsistent with
9.12 	sections 60B.01 to 60B.61.
9.13 	(24) The enumeration in this section of the powers and
9.14 	authority of the liquidator is not a limitation, nor does it
9.15 	exclude the right to do such other acts not herein specifically
9.16 	enumerated or otherwise provided for as are necessary or
9.17 	expedient for the accomplishment of or in aid of the purpose of
9.18 	liquidation.
9.19 	(25) The power of the liquidator of a health maintenance
9.20 	organization includes the power to transfer coverage obligations
9.21 	to a solvent and voluntary health maintenance organization,
9.22 	insurer, or nonprofit health service plan, and to assign
9.23 	provider contracts of the insolvent health maintenance
9.24 	organization to an assuming health maintenance organization,
9.25 	insurer, or nonprofit health service plan permitted to enter
9.26 	into such agreements.  The liquidator is not required to meet
9.27 	the notice requirements of section 62D.121.  Transferees of
9.28 	coverage obligations or provider contracts shall have no
9.29 	liability to creditors or obligees of the health maintenance
9.30 	organization except those liabilities expressly assumed.

9.31 	Sec. 9. Minnesota Statutes 2004, section 60B.52,
9.32 	subdivision 2, is amended to read:
9.33 		Subd. 2.Terms of order.  The court may issue the order
9.34 	in whatever terms it deems appropriate.  The filing or recording
9.35 	of the order with any county recorder in this state imparts the
9.36 	same notice as a deed, bill of sale, or other evidence of title
10.1 	duly filed or recorded with that county recorder.

10.2 	Sec. 10. Minnesota Statutes 2004, section 60B.53,
10.3 	subdivision 2, is amended to read:
10.4 		Subd. 2.Terms of order.  If it appears to the court that
10.5 	the best interests of creditors, policyholders, and the public
10.6 	so require, the court may issue an order to liquidate in
10.7 	whatever terms it deems appropriate.  The filing or recording of
10.8 	the order with any county recorder in this state imparts the
10.9 	same notice as a deed, bill of sale, or other evidence of title
10.10 	duly filed or recorded with that county recorder.

10.11 	Sec. 11. Minnesota Statutes 2004, section 60B.55,
10.12 	subdivision 2, is amended to read:
10.13 		Subd. 2.Terms of order.  The court may issue an order
10.14 	appointing an ancillary receiver in whatever terms it deems
10.15 	appropriate.  The filing or recording of the order with any
10.16 	county recorder in this state imparts the same notice as a deed,
10.17 	bill of sale, or other evidence of title duly filed or recorded
10.18 	with that county recorder.

10.19 	Sec. 12. Minnesota Statutes 2004, section 66A.21,
10.20 	subdivision 2, is amended to read:
10.21 		Subd. 2.Existing domestic mutual insurance companies,
10.22 	joint agreement; approval.  The separation can be effected only
10.23 	as a result of a joint agreement entered into, approved and
10.24 	filed as follows:
10.25 	(1) The board of directors of the ceding and assuming
10.26 	corporations shall, by majority vote, enter into a joint
10.27 	agreement, prescribing the terms and conditions of the
10.28 	separation and the mode of carrying the same into effect, with
10.29 	such other details and provisions as they deem necessary.  The
10.30 	agreement shall provide for an adjustment of final figures as
10.31 	may be necessary after a verifying examination of the
10.32 	corporation by the commissioner of commerce as hereinafter
10.33 	provided.
10.34 	(2) The agreement shall be submitted to the members of the
10.35 	ceding corporation, at a special meeting duly called for the
10.36 	purpose of considering and acting upon the agreement.  Notice
11.1 	for such special meeting shall be deemed sufficient if mailed to
11.2 	the policyholders' last known address as shown on the policy
11.3 	records of the corporation.  If the holders of two-thirds of the
11.4 	voting power of the members present or represented at the
11.5 	meeting shall vote for the adoption of the agreement, then that
11.6 	fact shall be certified on the agreement by the secretary of the
11.7 	corporation and the agreement so adopted and certified shall be
11.8 	signed and acknowledged by the president and secretary of both
11.9 	the ceding and assuming corporations.
11.10 	(3) The agreement so adopted, certified and acknowledged
11.11 	shall be delivered to the commissioner of commerce.  It shall be
11.12 	the duty of the commissioner to determine, after a verifying
11.13 	examination, if the provisions thereof are fair and equitable to
11.14 	all concerned and to verify the reasonableness and accuracy of
11.15 	the apportionment of assets, liabilities, and surplus provided
11.16 	for in the agreement.
11.17 	If the commissioner is satisfied that the agreement is fair
11.18 	and reasonable and that its provisions relating to transfers of
11.19 	assets and assumption of liabilities are equitable to claimants
11.20 	and policyholders, the commissioner shall place a certificate of
11.21 	approval on the agreement and shall file it in the
11.22 	commissioner's office.  A copy of the agreement, certified by
11.23 	the commissioner of commerce shall be filed for record in the
11.24 	Office of the Secretary of State and recorded in the office of
11.25 	the county recorder of the counties in this state in which any
11.26 	of the corporate parties to the agreement have their home
11.27 	offices and of any counties in which any of the corporate
11.28 	parties have land, title to which will be transferred under the
11.29 	terms of the agreement.

11.30 	Sec. 13. Minnesota Statutes 2004, section 88.14,
11.31 	subdivision 3, is amended to read:
11.32 		Subd. 3.Entry to dispose; lien.  When any such
11.33 	slashings, debris, or refuse are not disposed of or are left
11.34 	unattended for a period exceeding 30 days, contrary to the
11.35 	instructions of the commissioner, or forest officer, the
11.36 	commissioner, or any forest officer or fire warden, may go upon
12.1 	the premises with as many workers as may be necessary and burn
12.2 	or otherwise dispose of the same and the expense thereof shall
12.3 	be a lien upon the land on which they are situated and upon all
12.4 	contiguous lands of the same owner, and also upon all logs and
12.5 	other timber products cut or manufactured upon all these lands.
12.6 	This lien shall have the same effect and may be enforced in the
12.7 	same manner as a judgment in favor of the state for money.  An
12.8 	itemized statement verified by the oath of the commissioner, or
12.9 	forest officer, of the amount of the costs and expenses incurred
12.10 	in burning or otherwise disposing of these slashings, debris, or
12.11 	refuse shall be filed recorded, within 90 days from the time the
12.12 	disposal thereof is completed, in the office of the county
12.13 	recorder, or, if the property is registered, in the office of
12.14 	the registrar of titles of the county in which the timber or
12.15 	timber products were cut or manufactured; and the amount of the
12.16 	lien shall be a valid claim that may be collected in a civil
12.17 	action from the person who cut or manufactured the wood, timber,
12.18 	or timber products from which the slashings, debris, or refuse
12.19 	were produced.  Any moneys so collected shall be paid into the
12.20 	state treasury and credited to the general fund.

12.21 	Sec. 14. Minnesota Statutes 2004, section 88.41, is
12.22 	amended to read:
12.23 	88.41 COUNTY AUDITORS; TABULAR STATEMENTS; POWERS AND
12.24 	DUTIES.
12.25 	At as early a date as possible after letting the contract
12.26 	or contracts under any improvement authorized by sections 88.28
12.27 	to 88.46, and as soon as the cost of the improvement and
12.28 	expenses connected therewith can be ascertained, the auditor of
12.29 	the county shall make in tabular form a list and statement as
12.30 	provided by General Statutes 1923, section 6703, and the cost of
12.31 	making the improvement of each tract, together with its
12.32 	proportionate share of the total expense, shall be assessed
12.33 	against such tract, and the provisions of General Statutes 1923,
12.34 	section 6703, so far as applicable, shall govern the proceedings
12.35 	under sections 88.28 to 88.46.  The auditor is hereby authorized
12.36 	to exercise all the rights and authority granted by General
13.1 	Statutes 1923, section 6703, and in all places where the term
13.2 	"ditch" or "drainage ditch" shall appear therein, the same, for
13.3 	all purposes of sections 88.28 to 88.46 shall be construed as
13.4 	reading "improvement," and General Statutes 1923, section 6703,
13.5 	used and applied accordingly.  The auditor, after preparing this
13.6 	statement, shall cause a duplicate thereof to be filed recorded 
13.7 	in the office of the county recorder in and for the county, as
13.8 	provided in General Statutes 1923, section 6705, and the
13.9 	provisions thereof shall apply to the proceedings under sections
13.10 	88.28 to 88.46.  The auditor and county recorder are hereby
13.11 	authorized to exercise the rights and authority and perform the
13.12 	duties here specified, and the provisions of General Statutes
13.13 	1923, sections 6712 and 6713, shall apply to and govern the
13.14 	proceedings under sections 88.28 to 88.46. The county auditor,
13.15 	the county treasurer, and the county recorder are each hereby
13.16 	authorized and required to perform in all proceedings under
13.17 	sections 88.28 to 88.46 the duties specified in General Statutes
13.18 	1923, sections 6712 and 6713; and in all cases where the term
13.19 	"ditch" or "ditches" or any other similar term appears therein,
13.20 	the same, for all purposes of sections 88.28 to 88.46, shall be
13.21 	construed as reading "improvement."

13.22 	Sec. 15. Minnesota Statutes 2004, section 88.49,
13.23 	subdivision 2, is amended to read:
13.24 		Subd. 2.Preparation, form, approval.  The contract shall
13.25 	be prepared by the director of the Division of Lands and
13.26 	Forestry on a recordable form approved by the attorney general
13.27 	and prescribe such terms and conditions as will reasonably tend
13.28 	to produce merchantable timber upon the lands described therein
13.29 	and specify the kind or species of seeds to be planted or
13.30 	seedlings to be set out and the quantity or number thereof, or
13.31 	other acts or steps that the commissioner shall deem necessary
13.32 	in respect to afforestation or reforestation of the lands; the
13.33 	time or times when the same shall be done; the kind and amount,
13.34 	if any, of culture or other attention to be given in aid of the
13.35 	growth of timber thereon; the uses, if any, which may be made of
13.36 	the land while the same remains an auxiliary forest; the period
14.1 	of time, not exceeding 50 years, during which the land may
14.2 	continue to be an auxiliary forest, with privilege of renewal by
14.3 	mutual agreement between the owner and the state acting through
14.4 	the commissioner, with the approval of the county board and the
14.5 	Executive Council, for an additional period not exceeding 50
14.6 	years; the rate of taxation which may be levied annually on the
14.7 	land, exclusive of merchantable timber growing thereon at the
14.8 	time of the making of the contract and exclusive of mineral or
14.9 	other things of value thereunder, the rate to be determined as
14.10 	hereinafter provided; the keeping open to the public, as public
14.11 	hunting and fishing grounds, of all approved auxiliary forest
14.12 	lands, except when such lands are closed to public hunting or
14.13 	fishing by order of the director of the Division of Lands and
14.14 	Forestry in order to protect such lands from fire, loss of life
14.15 	or property provided, however, that the term keeping open shall
14.16 	not apply to private roads or improvements should the owner
14.17 	desire to close same; and such other conditions, provisions, and
14.18 	stipulations, as the commissioner, in the exercise of scientific
14.19 	knowledge and business judgment, may deem necessary or proper.
14.20 	Every such contract shall be approved by the Executive Council.
14.21 	As far as practicable all contracts shall be uniform and
14.22 	equal in respect to all lands or classes of lands substantially
14.23 	similar in capacity for, or adaptability to, any particular kind
14.24 	or species of tree culture or forest growth.

14.25 	Sec. 16. Minnesota Statutes 2004, section 88.49,
14.26 	subdivision 3, is amended to read:
14.27 		Subd. 3.Recording.  The commissioner shall submit such
14.28 	contract in recordable form to the owner of the land covered
14.29 	thereby.  If the owner shall indicate to the commissioner an
14.30 	unwillingness to execute the same, or if the owner or any of the
14.31 	persons having an interest therein or lien thereon fail to
14.32 	execute it within 60 days from the time of its submission to the
14.33 	owner, all proceedings relating to the making of this land into
14.34 	an auxiliary forest shall be at an end.
14.35 	When the contract shall have been executed it shall
14.36 	forthwith be recorded in the office of the county recorder at
15.1 	the expense of the owner in a permanent book or record which
15.2 	shall be designated "record of auxiliary forests" and shall
15.3 	always be open to public inspection; and or, if the title to the
15.4 	land be registered, there shall in addition to such record be
15.5 	filed with the registrar of titles a duplicate of the contract.
15.6 	At the time the contract is filed recorded with the county
15.7 	recorder for record the owner, at the owner's expense,shall
15.8 	furnish to record with the county recorder a certificate from
15.9 	the county attorney to the effect that no change in record title
15.10 	thereof has occurred, that no liens or other encumbrances have
15.11 	been placed thereon, and that no taxes have accrued thereon
15.12 	since the making of the previous certificate.  It shall be the
15.13 	duty of the county attorney to furnish this certificate without
15.14 	further compensation.
15.15 	All the provisions of the contract shall be deemed
15.16 	covenants running with the land from the date of the filing of
15.17 	the contract for record.

15.18 	Sec. 17. Minnesota Statutes 2004, section 88.49,
15.19 	subdivision 5, is amended to read:
15.20 		Subd. 5.Cancellation.  Upon the failure of the owner
15.21 	faithfully to fulfill and perform such contract or any provision
15.22 	thereof, or any requirement of sections 88.47 to 88.53, or any
15.23 	rule adopted by the commissioner thereunder, the commissioner
15.24 	may cancel the contract in the manner herein provided.  The
15.25 	commissioner shall give to the owner, in the manner prescribed
15.26 	in section 88.48, subdivision 4, 60 days' notice of a hearing
15.27 	thereon at which the owner may appear and show cause, if any,
15.28 	why the contract should not be canceled.  The commissioner shall
15.29 	thereupon determine whether the contract should be canceled and
15.30 	make an order to that effect.  Notice of the commissioner's
15.31 	determination and the making of the order shall be given to the
15.32 	owner in the manner provided in section 88.48, subdivision 4.
15.33 	On determining that the contract should be canceled and no
15.34 	appeal therefrom be taken, the commissioner shall send notice
15.35 	thereof to the auditor of the county and to the town clerk of
15.36 	the town affected and file with the recorder a certified copy of
16.1 	the order, who shall forthwith note the cancellation upon the
16.2 	record thereof, and thereupon the land therein described shall
16.3 	cease to be an auxiliary forest and, together with the timber
16.4 	thereon, become liable to all taxes and assessments that
16.5 	otherwise would have been levied against it had it never been an
16.6 	auxiliary forest from the time of the making of the contract,
16.7 	any provisions of the statutes of limitation to the contrary
16.8 	notwithstanding, less the amount of taxes paid under the
16.9 	provisions of section 88.51, subdivision 1, together with
16.10 	interest on such taxes and assessments at six percent per annum,
16.11 	but without penalties.
16.12 	The commissioner may in like manner and with like effect
16.13 	cancel the contract upon written application of the owner.
16.14 	The commissioner shall cancel any contract if the owner has
16.15 	made successful application under sections 290C.01 to 290C.11,
16.16 	the Sustainable Forest Incentive Act, and has paid to the county
16.17 	treasurer the difference between the amount which would have
16.18 	been paid had the land under contract been subject to the
16.19 	Minnesota Tree Growth Tax Law and the Sustainable Forest
16.20 	Incentive Act from the date of the filing recording of the
16.21 	contract and the amount actually paid under section 88.51,
16.22 	subdivisions 1 and 2.  This tax difference must be calculated
16.23 	based on the years the lands would have been taxed under the
16.24 	Tree Growth Tax Law and the Sustainable Forest Incentive Act.
16.25 	The sustainable forest tax difference is net of the incentive
16.26 	payment of section 290C.07.  If the amount which would have been
16.27 	paid, had the land under contract been under the Minnesota Tree
16.28 	Growth Tax Law and the Sustainable Forest Incentive Act from the
16.29 	date of the filing of the contract, is less than the amount
16.30 	actually paid under the contract, the cancellation shall be made
16.31 	without further payment by the owner.
16.32 	When the execution of any contract creating an auxiliary
16.33 	forest shall have been procured through fraud or deception
16.34 	practiced upon the county board or the commissioner or any other
16.35 	person or body representing the state, it may be canceled upon
16.36 	suit brought by the attorney general at the direction of the
17.1 	commissioner.  This cancellation shall have the same effect as
17.2 	the cancellation of a contract by the commissioner.

17.3 	Sec. 18. Minnesota Statutes 2004, section 88.491,
17.4 	subdivision 2, is amended to read:
17.5 		Subd. 2.Effect of expired contract.  When auxiliary
17.6 	forest contracts expire, or prior to expiration by mutual
17.7 	agreement between the land owner and the appropriate county
17.8 	office, the lands previously covered by an auxiliary forest
17.9 	contract automatically qualify for inclusion under the
17.10 	provisions of the Sustainable Forest Incentive Act; provided
17.11 	that when such lands are included in the Sustainable Forest
17.12 	Incentive Act prior to expiration of the auxiliary forest
17.13 	contract they will be transferred and a tax paid as provided in
17.14 	section 88.49, subdivision 5, upon application and inclusion in
17.15 	the sustainable forest incentive program.  The land owner shall
17.16 	pay taxes in an amount equal to the difference between:
17.17 	(1) the sum of:
17.18 	(i) the amount which would have been paid from the date of
17.19 	the filing recording of the contract had the land under contract
17.20 	been subject to the Minnesota Tree Growth Tax Law; plus
17.21 	(ii) beginning with taxes payable in 2003, the taxes that
17.22 	would have been paid if the land had been enrolled in the
17.23 	sustainable forest incentive program; and
17.24 	(2) the amount actually paid under section 88.51,
17.25 	subdivisions 1 and 2.

17.26 	Sec. 19. Minnesota Statutes 2004, section 92.17, is
17.27 	amended to read:
17.28 	92.17 EFFECT OF CERTIFICATE; RECORD.
17.29 	A certificate of sale entitles the holder to possession of
17.30 	the land described in it, but the fee remains in the state until
17.31 	a patent is issued.  The certificates, assignments, and patents
17.32 	may be filed for record recorded with the county recorder.

17.33 	Sec. 20. Minnesota Statutes 2004, section 93.52,
17.34 	subdivision 2, is amended to read:
17.35 		Subd. 2.Verified statement filing requirement.  Except
17.36 	as provided in subdivision 3, from and after January 1, 1970,
18.1 	every owner of a fee simple interest in minerals, hereafter
18.2 	referred to as a mineral interest, in lands in this state, which
18.3 	interest is owned separately from the fee title to the surface
18.4 	of the property upon or beneath which the mineral interest
18.5 	exists, shall file for record in the office of the county
18.6 	recorder office or, if registered property, in the office of the 
18.7 	registrar of titles office in the county where the mineral
18.8 	interest is located a verified statement, in triplicate,citing
18.9 	sections 93.52 to 93.58 and setting forth the owner's address,
18.10 	interest in the minerals, and both (1) the legal description of
18.11 	the property upon or beneath which the interest exists, and (2)
18.12 	the book and page number or the document number, in the records
18.13 	of the county recorder or registrar of titles, of the instrument
18.14 	by which the mineral interest is created or acquired.  No
18.15 	statement may be filed for record recorded which contains
18.16 	mineral interests from more than one government section unless
18.17 	the instrument by which the mineral interest is created or
18.18 	acquired includes mineral interests from more than one
18.19 	government section.  The county recorder and registrar of titles
18.20 	shall file with the county auditor a copy of each document so
18.21 	recorded within 60 days after recording in the office of county
18.22 	recorder or registrar of titles.

18.23 	Sec. 21. Minnesota Statutes 2004, section 93.55,
18.24 	subdivision 1, is amended to read:
18.25 		Subdivision 1.Forfeiture; failure to file record.  If
18.26 	the owner of a mineral interest fails to file record the
18.27 	verified statement required by section 93.52, before January 1,
18.28 	1975, as to any interests owned on or before December 31, 1973,
18.29 	or within one year after acquiring such interests as to
18.30 	interests acquired after December 31, 1973, and not
18.31 	previously filed recorded under section 93.52, the mineral
18.32 	interest shall forfeit to the state after notice and opportunity
18.33 	for hearing as provided in this section.  However, before
18.34 	completing the procedures set forth in subdivision 2, the
18.35 	commissioner of natural resources may lease the severed mineral
18.36 	interest as provided in subdivisions 1a and 3.

19.1 	Sec. 22. Minnesota Statutes 2004, section 93.55,
19.2 	subdivision 1a, is amended to read:
19.3 		Subd. 1a.Lease of forfeited interest.  If the owner of a
19.4 	severed mineral interest fails to file record the verified
19.5 	statement required by section 93.52 before the dates specified
19.6 	in subdivision 1, the commissioner of natural resources may
19.7 	lease the mineral interest as provided in this subdivision and
19.8 	subdivision 3 before completing the procedures set forth in
19.9 	subdivision 2.  In any lease issued under this subdivision, the
19.10 	commissioner shall cite, as authority for issuing the lease,
19.11 	this subdivision, subdivision 3, and the United States Supreme
19.12 	Court decision in Texaco, Inc., et al. v. Short, et al., 454
19.13 	U.S. 516 (1982), where the Supreme Court determined, under
19.14 	Amendment XIV to the Constitution of the United States, that
19.15 	enactment of a state law requiring an owner of severed mineral
19.16 	interests to timely file record a statement of claim to the
19.17 	mineral interests was constitutional, without individual advance
19.18 	notice of operation of the law, before the owner loses the
19.19 	mineral interests for failing to timely file record the
19.20 	statement of claim.  A lessee holding a lease issued under this
19.21 	subdivision may not mine under the lease until the commissioner
19.22 	completes the procedures set forth in subdivision 2 and a court
19.23 	has adjudged the forfeiture of the mineral interest to be
19.24 	absolute.  "Mine" for the purposes of this subdivision is
19.25 	defined to exclude exploration activities, exploratory boring,
19.26 	trenching, test pitting, test shafts and drifts, and related
19.27 	activities.

19.28 	Sec. 23. Minnesota Statutes 2004, section 93.55,
19.29 	subdivision 2, is amended to read:
19.30 		Subd. 2.Notice and hearing.  The commissioner shall
19.31 	notify the last owner of record on file in either the county
19.32 	recorder's or registrar of titles' office of a hearing on an
19.33 	order to show cause why the mineral interest should not forfeit
19.34 	to the state absolutely.  The notice shall be served in the same
19.35 	manner as provided for the service of summons in a civil action
19.36 	to determine adverse claims under chapter 559 and shall contain
20.1 	the following:  (1) the legal description of the property upon
20.2 	or beneath which the interest exists; (2) a recitation that the
20.3 	statement of severed mineral interest either did not comply with
20.4 	the requirements specified by section 93.52 for such a statement
20.5 	or was not filed recorded within the time specified in this
20.6 	section, or both; and (3) that the court will be requested to
20.7 	enter an order adjudging the forfeiture of the mineral interest
20.8 	to be absolute in the absence of a showing that there was
20.9 	substantial compliance with laws requiring the registration and
20.10 	taxation of severed mineral interests.  For the purposes of this
20.11 	section, substantial compliance with laws requiring the
20.12 	registration and taxation of severed mineral interests means:
20.13 	(1) that the records in the office of the county recorder or
20.14 	registrar of titles specified the true ownership of the severed
20.15 	mineral interest during the time period within which the
20.16 	statement of severed mineral interest should have
20.17 	been registered recorded with the county recorder or the
20.18 	registrar of titles, or that probate, divorce, bankruptcy,
20.19 	mortgage foreclosure, or other proceedings affecting the title
20.20 	had been timely initiated and diligently pursued by the true
20.21 	owner during the time period within which the severed mineral
20.22 	interest statement should have been registered recorded, and (2)
20.23 	that all taxes relating to severed mineral interests had been
20.24 	timely paid, including any taxes which would have been due and
20.25 	owing under section 273.165, subdivision 1, had the interest
20.26 	been properly filed for record recorded as required by section
20.27 	93.52 within the time specified in this section.  For the
20.28 	purposes of this section, "timely paid" means paid within the
20.29 	time period during which tax forfeiture would not have been
20.30 	possible had a real property tax been assessed against the
20.31 	property.

20.32 	Sec. 24. Minnesota Statutes 2004, section 93.55,
20.33 	subdivision 5, is amended to read:
20.34 		Subd. 5.Applicability.  The forfeiture provisions of
20.35 	this section do not apply to mineral interests valued and taxed
20.36 	under other laws relating to the taxation of minerals, gas,
21.1 	coal, oil, or other similar interests, so long as a tax is
21.2 	imposed and no forfeiture under the tax laws is complete.
21.3 	However, if the mineral interest is valued under other tax laws,
21.4 	but no tax is imposed, the mineral interest forfeits under this
21.5 	section if not filed recorded as required by this section.

21.6 	Sec. 25. Minnesota Statutes 2004, section 93.551, is
21.7 	amended to read:
21.8 	93.551 VALIDATION OF CERTAIN STATEMENTS; CORRECTION OF
21.9 	CERTAIN ERRORS.
21.10 	A statement of severed mineral interests which was filed 
21.11 	recorded within the time limits specified by section 93.55 is
21.12 	validly and timely filed recorded even if the interest claimed
21.13 	by the owner does not correctly set forth the whole or
21.14 	fractional interest actually owned; the statement erroneously
21.15 	contained interests from more than one government section; the
21.16 	statement was not properly verified; or the interest, if
21.17 	registered property, was erroneously filed recorded with the
21.18 	county recorder, or, if the interest was not registered
21.19 	property, was filed recorded with the registrar of titles.  The
21.20 	owner may file record an amendment or supplement to the original
21.21 	statement for the purpose of correcting any or all of the errors
21.22 	described in this section.

21.23 	Sec. 26. Minnesota Statutes 2004, section 94.19, is
21.24 	amended to read:
21.25 	94.19 CERTIFICATE OF ACCEPTANCE; RECORD.
21.26 	(a) The certificate of acceptance shall be executed in
21.27 	duplicate and one filed in the Office of the Secretary of State
21.28 	and the other filed for record recorded in the office of the
21.29 	county recorder of the county in which the land is situated;
21.30 	and, after being recorded, kept with the records of the
21.31 	institution in connection with which the land is used.
21.32 	Upon (b) After the certificates of acceptance being so are 
21.33 	filed and recorded under paragraph (a), the conveyance and
21.34 	transfer of the rights, interests, and estates involved shall be
21.35 	deemed complete.

21.36 	Sec. 27. Minnesota Statutes 2004, section 103I.341,
22.1 	subdivision 1, is amended to read:
22.2 		Subdivision 1.Lien for sealing costs.  The commissioner
22.3 	and the Board of Water and Soil Resources have a governmental
22.4 	services lien under section 514.67 for the costs of sealing a
22.5 	well or boring that the commissioner or board has contracted to
22.6 	be sealed under section 103I.315, subdivision 2; or 103I.335.
22.7 	The lien attaches to the real property where the well or boring
22.8 	is located.  The lien is perfected by filing recording the lien
22.9 	with the county recorder or registrar of titles where the well
22.10 	or boring and the property are located and serving or mailing by
22.11 	return receipt a copy of the lien to the property owner.

22.12 	Sec. 28. Minnesota Statutes 2004, section 103I.341,
22.13 	subdivision 4, is amended to read:
22.14 		Subd. 4.Satisfaction of lien.  The amount due and
22.15 	interest of a lien under this section may be paid at any time.
22.16 	When the amount of the lien including accrued interest is paid,
22.17 	the commissioner or board must execute a satisfaction of the
22.18 	lien and record the satisfaction with the county recorder or
22.19 	registrar of titles where the lien was filed recorded.

22.20 	Sec. 29. Minnesota Statutes 2004, section 117.065, is
22.21 	amended to read:
22.22 	117.065 NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED
22.23 	FILINGS RECORDINGS.
22.24 	At the time of filing the petition the petitioner shall
22.25 	file for record a notice of the pendency of the proceeding,
22.26 	describing with reasonable certainty the lands affected and for
22.27 	what purpose they are to be taken.  The notice shall be filed 
22.28 	recorded as follows:
22.29 	(1) if the lands are registered lands, with the registrar
22.30 	of titles;
22.31 	(2) if the lands are nonregistered, with the county
22.32 	recorder;
22.33 	(3) if the lands are both registered and nonregistered,
22.34 	with both the registrar and the county recorder.
22.35 	If the proceeding be abandoned in whole or in part the
22.36 	petitioner shall within ten days thereafter file record a notice
23.1 	to that effect, describing with reasonable certainty the lands
23.2 	so abandoned.  The notice of abandonment shall be filed recorded 
23.3 	in the same places as the notice of the pendency of the
23.4 	proceeding.

23.5 	Sec. 30. Minnesota Statutes 2004, section 164.06,
23.6 	subdivision 2, is amended to read:
23.7 		Subd. 2.Extinguishing interest in abandoned road.  (a)
23.8 	After providing notice under section 366.01, subdivision 8, the
23.9 	town board may by resolution disclaim and extinguish a town
23.10 	interest in a town road without action under subdivision 1 if:
23.11 	(1) the extinguishment is found by the town board to be in
23.12 	the public interest;
23.13 	(2) the interest is not a fee interest;
23.14 	(3) the interest was established more than 25 years
23.15 	earlier;
23.16 	(4) the interest is not recorded or filed with the county
23.17 	recorder;
23.18 	(5) no road improvement has been constructed on a
23.19 	right-of-way affected by the interest within the last 25 years;
23.20 	and
23.21 	(6) no road maintenance on a right-of-way affected by the
23.22 	interest has occurred within the last 25 years.
23.23 	(b) The resolution shall be filed and recorded with the
23.24 	county auditor and recorded with the county recorder.

23.25 	Sec. 31. Minnesota Statutes 2004, section 164.07,
23.26 	subdivision 11, is amended to read:
23.27 		Subd. 11.Order.  The order establishing, altering or
23.28 	vacating any road shall be recorded by the town clerk, and a
23.29 	copy thereof certified as true and correct by the town clerk
23.30 	shall be forthwith filed for record recorded with the county
23.31 	recorder or registrar of titles of the county within which the
23.32 	land and premises are located.  The certified copy of the order
23.33 	shall be first presented to the county auditor who shall enter
23.34 	the same in the transfer records and note upon the certified
23.35 	copy over the auditor's official signature, the words "entered
23.36 	in the transfer record." The order or a certified copy shall be
24.1 	received in all courts as competent evidence of the facts
24.2 	therein contained and be prima facie evidence of the regularity
24.3 	of the proceedings prior to the making thereof, except upon the
24.4 	hearing of an appeal.

24.5 	Sec. 32. Minnesota Statutes 2004, section 222.29, is
24.6 	amended to read:
24.7 	222.29 CONTRACTOR'S BOND; LIABILITY OF COMPANY.
24.8 	Any railway contracting for the construction or repair of
24.9 	its road shall take from the contractor a sufficient bond,
24.10 	conditioned that the contractor will pay all laborers,
24.11 	mechanics, and other persons performing any part of the work,
24.12 	all just debts due them or incurred in carrying on such work,
24.13 	which bond or a certified copy thereof shall be filed recorded 
24.14 	with the county recorder of each county where any part of the
24.15 	work is done.  All persons to whom such contractor shall be
24.16 	indebted for any such work, and such railway company in case it
24.17 	shall have paid any debt, claim, or demand as hereinafter
24.18 	provided, may bring an action on such bond for the price of such
24.19 	work or amount of such payment.  If the contractor giving the
24.20 	bond shall fail to pay any indebtedness for such work or
24.21 	services; or, if any railway company shall fail to take and file
24.22 	such bond, such company shall be liable for the amount of all
24.23 	such debts incurred by such contractor under or pursuant to such
24.24 	contract.  Such laborers, mechanics, or other persons shall give
24.25 	the notice and take the action prescribed in section 222.30.

24.26 	Sec. 33. Minnesota Statutes 2004, section 238.25,
24.27 	subdivision 10, is amended to read:
24.28 		Subd. 10.Final certificate.  Upon completion of the
24.29 	proceedings, the attorney for the person operating the cable
24.30 	communications system shall make a certificate describing the
24.31 	access acquired and the purpose or purposes for which acquired,
24.32 	and reciting the fact of final payment of all awards or
24.33 	judgments in relation thereto.  The certificate must be filed
24.34 	with the court administrator and a certified copy thereof filed
24.35 	for record recorded with the county recorder.  The record is
24.36 	notice to all parties of the access to the premises described in
25.1 	the petition.

25.2 	Sec. 34. Minnesota Statutes 2004, section 273.165,
25.3 	subdivision 1, is amended to read:
25.4 		Subdivision 1.Mineral interest.  "Mineral interest," for
25.5 	the purpose of this subdivision, means an interest in any
25.6 	minerals, including but not limited to gas, coal, oil, or other
25.7 	similar interest in real estate, which is owned separately and
25.8 	apart from the fee title to the surface of such real property.
25.9 	Mineral interests which are filed for record recorded in the
25.10 	offices office of either the county recorder or registrar of
25.11 	titles, whether or not filed pursuant to sections 93.52 to
25.12 	93.58, are taxed as provided in this subdivision unless
25.13 	specifically excluded by this subdivision.  A tax of 40 cents
25.14 	per acre or portion of an acre of mineral interest is imposed
25.15 	and is payable annually.  If an interest is a fractional
25.16 	undivided interest in an area, the tax due on the interest per
25.17 	acre or portion of an acre is equal to the product obtained by
25.18 	multiplying the fractional interest times 40 cents, computed to
25.19 	the nearest cent.  However, the minimum annual tax on any
25.20 	mineral interest is $3.20.  No such tax on mineral interests is
25.21 	imposed on the following:  (1) mineral interests valued and
25.22 	taxed under other laws relating to the taxation of minerals,
25.23 	gas, coal, oil, or other similar interests; or (2) mineral
25.24 	interests which are exempt from taxation pursuant to
25.25 	constitutional or related statutory provisions.  Taxes received
25.26 	under this subdivision must be apportioned to the taxing
25.27 	districts included in the area taxed in the same proportion as
25.28 	the surface interest local tax rate of a taxing district bears
25.29 	to the total local tax rate applicable to surface interests in
25.30 	the area taxed.  The tax imposed by this subdivision is not
25.31 	included within any limitations as to rate or amount of taxes
25.32 	which may be imposed in an area to which the tax imposed by this
25.33 	subdivision applies.  The tax imposed by this subdivision does
25.34 	not cause the amount of other taxes levied or to be levied in
25.35 	the area, which are subject to any such limitation, to be
25.36 	reduced in any amount.  Twenty percent of the revenues received
26.1 	from the tax imposed by this subdivision must be distributed
26.2 	under the provisions of section 116J.64.

26.3 	Sec. 35. Minnesota Statutes 2004, section 281.322, is
26.4 	amended to read:
26.5 	281.322 FAILURE TO SERVE NOTICES TO EXTINGUISH LIEN.
26.6 	No notice of expiration of the time of redemption upon any
26.7 	real estate tax judgment sale certificate, forfeited tax sale
26.8 	certificate, or state assignment certificate issued pursuant to
26.9 	any law of this state at or pursuant to any such sale held
26.10 	between January 1, 1936, and April 24, 1941, or held thereafter,
26.11 	shall be issued or served after the expiration of six years from
26.12 	the date of the certificate, nor shall such certificate be
26.13 	recorded in the office of the county recorder or filed in the
26.14 	office of the registrar of titles of the proper county after the
26.15 	expiration of seven years from the date of the certificate.

26.16 	Sec. 36. Minnesota Statutes 2004, section 281.328,
26.17 	subdivision 1, is amended to read:
26.18 		Subdivision 1.Validation of certificates.  Any state
26.19 	assignment certificate duly issued prior to January 1, 1972, for
26.20 	which the time for redemption expired as certified by the county
26.21 	auditor of the county issuing the certificate, and the person to
26.22 	whom the certificate was issued, or the person's heirs and
26.23 	assigns, paid the taxes on the real property described in the
26.24 	certificate since the date thereof, is hereby validated and
26.25 	legalized as against the objection that such certificate was not
26.26 	recorded or filed in the office of the county recorder or
26.27 	registrar of titles within seven years from the date of the
26.28 	certificate, as provided by this chapter.  Any such state
26.29 	assignment certificate may,after April 6, 1979,be recorded or
26.30 	filed in the office of the proper county recorder or registrar
26.31 	of titles.

26.32 	Sec. 37. Minnesota Statutes 2004, section 284.07, is
26.33 	amended to read:
26.34 	284.07 COUNTY AUDITOR'S CERTIFICATE TO BE PRIMA FACIE
26.35 	EVIDENCE.
26.36 	The county auditor's certificate of forfeiture filed as
27.1 	provided by section 281.23, subdivision 9, and acts supplemental
27.2 	thereto, or by any other law hereafter enacted providing for the
27.3 	filing and recording of such a certificate or a certified copy
27.4 	of such certificate or of the record thereof, shall, for all
27.5 	purposes, be prima facie evidence that all requirements of the
27.6 	law respecting the taxation and forfeiture of the lands therein
27.7 	described were complied with, and that at the date of the
27.8 	certificate absolute title to such lands had vested in the state
27.9 	by reason of forfeiture for delinquent taxes, as set forth in
27.10 	the certificate.

27.11 	Sec. 38. Minnesota Statutes 2004, section 284.08, is
27.12 	amended to read:
27.13 	284.08 ACTIONS TO TRY TITLE; VENUE; LIS PENDENS; SERVICE.
27.14 	Any person claiming adversely to the state, or its
27.15 	successor in interest, any right, title, or interest in or lien
27.16 	upon any land claimed to have been forfeited to the state for
27.17 	taxes may maintain an action against the state, or its successor
27.18 	in interest, for the purpose of determining the title to such
27.19 	land and the adverse claims and the rights of the parties,
27.20 	respectively, therein.  Such action shall be brought in the
27.21 	district court of the county in which the land lies.  The
27.22 	complaint shall be filed in the office of the court
27.23 	administrator before the commencement of the action.  A notice
27.24 	of the pendency of the action, describing the land, shall be
27.25 	filed for record recorded in the office of the county recorder
27.26 	of the county, or, in the case of registered land, shall be
27.27 	filed with in the office of the registrar of titles, and the
27.28 	action shall not be deemed to be commenced unless, in addition
27.29 	to other requirements, such notice is so filed.  In the case of
27.30 	such lands held by the state in trust for its taxing districts
27.31 	and agencies, the summons, together with a copy of the
27.32 	complaint, shall be served upon the county auditor, also upon
27.33 	the county attorney, who shall defend the action.  In the case
27.34 	of such lands otherwise held by the state the summons, together
27.35 	with a copy of the complaint, shall be served upon the attorney
27.36 	general, who shall defend the action.

28.1 	Sec. 39. Minnesota Statutes 2004, section 284.11, is
28.2 	amended to read:
28.3 	284.11 STATE MAY BRING ACTION TO QUIET TITLE.
28.4 	The title of the state, or its successor in interest, to
28.5 	any lands claimed to have been absolutely forfeited to the state
28.6 	for delinquent taxes may be quieted and all adverse claims
28.7 	thereto and the rights of all parties therein, respectively, may
28.8 	be determined, and, in the case of registered lands, the
28.9 	issuance of new certificates of title thereto may be obtained,
28.10 	by action brought by the state, or its successor in interest, as
28.11 	herein provided; provided, that before any such action shall be
28.12 	commenced the county auditor's certificate of forfeiture shall
28.13 	be filed as provided by section 281.23, subdivision 8, and acts
28.14 	supplementary thereto, or by any other law hereafter enacted
28.15 	providing for the filing and recording of such a certificate.

28.16 	Sec. 40. Minnesota Statutes 2004, section 284.18, is
28.17 	amended to read:
28.18 	284.18 REGISTERED LANDS; FILING RECORDING WITH REGISTRAR.
28.19 	In case any of the lands involved in the action are
28.20 	registered, a copy of the summons, embracing a description of
28.21 	the registered lands but omitting the unregistered lands, shall
28.22 	be filed recorded with the registrar of titles, and such further
28.23 	notice shall be given as the court may direct before the
28.24 	issuance of any new certificate of title shall be ordered;
28.25 	provided, that failure to file record such copy of the summons
28.26 	or to give such other notice shall not otherwise affect the
28.27 	validity of the proceedings.

28.28 	Sec. 41. Minnesota Statutes 2004, section 306.02,
28.29 	subdivision 1, is amended to read:
28.30 		Subdivision 1.Purpose and method of formation.  A
28.31 	corporation or association may:  (1) be formed to procure and
28.32 	hold or sell lands or lots exclusively for the purpose of a
28.33 	public cemetery; (2) acquire and manage all real and personal
28.34 	property necessary or proper to establish, embellish, care for,
28.35 	and manage a cemetery, and may construct and operate on that
28.36 	property a crematory and other proper means of disposing of the
29.1 	dead; and (3) sell and convey cemetery lots or sell and convey
29.2 	real or personal property acquired by it but not needed for
29.3 	cemetery purposes.  The corporation or association may be formed
29.4 	by three or more persons, who shall execute and verify the
29.5 	certificate or articles of incorporation as required in the
29.6 	matter of the formation of other corporations.  The certificate
29.7 	of incorporation shall be filed for record recorded in the
29.8 	office of the county recorder of the county where the cemetery
29.9 	is located and upon filing, the association is a corporation.

29.10 	Sec. 42. Minnesota Statutes 2004, section 306.24, is
29.11 	amended to read:
29.12 	306.24  FILING RECORDING OF JUDGMENT.
29.13 	A certified copy of the judgment in an action to quiet
29.14 	title under section 306.22 may be filed recorded in the office
29.15 	of the county recorder in the county in which the parcel is
29.16 	located.

29.17 	Sec. 43. Minnesota Statutes 2004, section 307.06, is
29.18 	amended to read:
29.19 	307.06 TRANSFER TO ASSOCIATION; HOW EFFECTED.
29.20 	Any private cemetery established, platted, and recorded
29.21 	under the laws of this state may consolidate with and transfer
29.22 	its property, for cemetery purposes only, to any cemetery
29.23 	association or corporation organized under the laws of this
29.24 	state which is contiguous to, or adjacent to, such cemetery
29.25 	corporation.
29.26 	To so consolidate and transfer its property it shall be
29.27 	necessary:
29.28 	(1) that a resolution be passed by a two-thirds vote of the
29.29 	lot owners and members of such private cemetery, represented,
29.30 	present, and voting at a special meeting called for that
29.31 	purpose, which resolution shall recite what cemetery corporation
29.32 	or association it is proposed to consolidate with and transfer
29.33 	its property to, and the terms and conditions thereof; and 30
29.34 	days' notice of such meeting shall be previously given by mail
29.35 	to each lot owner of such private cemetery whose address can be
29.36 	determined using reasonable diligence of the time and place when
30.1 	such meeting is to be held, reciting the purpose thereof, which
30.2 	notice shall be signed by at least five lot owners; and
30.3 	(2) that the resolution shall be signed and acknowledged by
30.4 	the presiding officer and secretary of such meeting and shall be
30.5 	filed recorded with the county recorder of the county in which
30.6 	the private cemetery is situated.

30.7 	Sec. 44. Minnesota Statutes 2004, section 307.07, is
30.8 	amended to read:
30.9 	307.07 EFFECT OF TRANSFER.
30.10 	When such resolution shall have been passed and certified
30.11 	to by the presiding officer and secretary of such meeting and
30.12 	filed for record recorded in the office of the county recorder,
30.13 	as aforesaid, and the terms and conditions of consolidation
30.14 	shall have been accepted by the board of directors or trustees
30.15 	of such cemetery corporation, such private cemetery shall become
30.16 	a part of such cemetery corporation or association, and subject
30.17 	thereafter to all the rules and regulations and laws governing
30.18 	such cemetery corporation or association.  It shall be lawful
30.19 	for the owners of such private cemetery to transfer and convey
30.20 	to such cemetery corporation or association all unsold lots in
30.21 	such private cemetery to such cemetery corporation or
30.22 	association to be used for burial purposes only, and any such
30.23 	conveyance heretofore made is hereby legalized and such cemetery
30.24 	corporation or association shall hold in trust, to and for the
30.25 	uses and purposes aforesaid, all streets, alleys, ways, and
30.26 	commons, and the other public uses, in such private cemetery in
30.27 	lieu of the owner thereof.

30.28 	Sec. 45. Minnesota Statutes 2004, section 315.01,
30.29 	subdivision 3, is amended to read:
30.30 		Subd. 3.Appointment.  When the constitution, rules, or
30.31 	usages of a church, denomination, congregation, or religious
30.32 	society require that trustees be chosen by a minister, presiding
30.33 	elder, or other officers, or by a body, the person who chose the
30.34 	trustees, or the presiding officer and secretary of the body
30.35 	shall execute, acknowledge, and deliver to the trustees a
30.36 	certificate, stating the names of the trustees, the time when
31.1 	and the person or body by which they were chosen, and their
31.2 	corporate name.  When the certificate is filed for record 
31.3 	recorded as required by law, the trustees and their successors
31.4 	become a corporate body under the name specified in the
31.5 	certificate, and have the rights, powers, and privileges of
31.6 	other religious corporations organized under this chapter.

31.7 	Sec. 46. Minnesota Statutes 2004, section 315.01,
31.8 	subdivision 4, is amended to read:
31.9 		Subd. 4.Designation.  When the constitution, rules, and
31.10 	usages of a church or religious denomination declare that the
31.11 	ministers, elders, deacons, or other officers elected by a
31.12 	church or congregation according to the constitution, rules, or
31.13 	usages, are the trustees of the church or congregation, those
31.14 	designated persons may assemble and execute and acknowledge a
31.15 	certificate stating their corporate name.  When this certificate
31.16 	is filed recorded with the county recorder of the proper county,
31.17 	they and their successors are a corporate body under the name in
31.18 	the certificate.

31.19 	Sec. 47. Minnesota Statutes 2004, section 315.17,
31.20 	subdivision 3, is amended to read:
31.21 		Subd. 3.filing recording certificate; powers.  Upon
31.22 	signing, acknowledging, and filing recording the certificate for
31.23 	record with the county recorder of the county of its location,
31.24 	the parish becomes a corporation by the name specified in its
31.25 	certificate.  Through its officers, it may transact parish
31.26 	business, including calling a rector and determining the
31.27 	rector's salary.  In its corporate name, it may acquire or
31.28 	receive, by purchase, gift, grant, devise, or bequest, any
31.29 	property, real, personal, or mixed, and hold, sell, transfer,
31.30 	mortgage, convey, loan, let, or otherwise use the property for
31.31 	the use and benefit of the parish if the use does not contravene
31.32 	the laws and usages of the Protestant Episcopal church of the
31.33 	state.  It may not divert a gift, grant, or bequest from the
31.34 	purpose specified in writing by the donor, or devisor.  It may
31.35 	not sell, convey, or mortgage its church or church site unless
31.36 	first authorized so to do in a meeting of the parish called for
32.1 	that purpose, nor in contravention of the canons of the diocese
32.2 	or of the general convention of the Protestant Episcopal church
32.3 	of the United States.

32.4 	Sec. 48. Minnesota Statutes 2004, section 315.19, is
32.5 	amended to read:
32.6 	315.19 ARTICLES AMENDED.
32.7 	A parish of the Protestant Episcopal church, incorporated
32.8 	under the laws of the state or territory of Minnesota, may amend
32.9 	its articles of incorporation and change and fix the time of its
32.10 	annual parish meeting.  To do so, it must adopt, at its annual
32.11 	parish meeting by majority vote of those present, a resolution
32.12 	fixing or changing the date of its annual parish meeting.  It
32.13 	must put the resolution in a certificate executed by its rector
32.14 	or other presiding officer and by its clerk and file record the
32.15 	certificate for record with the county recorder of the county of
32.16 	its location.

32.17 	Sec. 49. Minnesota Statutes 2004, section 315.20,
32.18 	subdivision 2, is amended to read:
32.19 		Subd. 2.Certificate, by whom signed.  The certificate
32.20 	must be signed and acknowledged by the bishop of the diocese and
32.21 	by a majority of the members of the chapter, and filed for
32.22 	record recorded with the county recorder of the county where the
32.23 	cathedral is located.

32.24 	Sec. 50. Minnesota Statutes 2004, section 315.20,
32.25 	subdivision 3, is amended to read:
32.26 		Subd. 3.Certificate filed; powers.  Upon the signing,
32.27 	acknowledging, and filing recording of the certificate for
32.28 	record with the county recorder of the county of its location,
32.29 	the cathedral becomes a corporation under the name in its
32.30 	certificate.  Through its chapter, it may transact the business
32.31 	of the cathedral.  In its corporate name, it may acquire or
32.32 	receive, by purchase, gift, grant, devise, or bequest, any
32.33 	property, real, personal, or mixed, and hold, sell, transfer,
32.34 	mortgage, convey, loan, let, or otherwise use the property for
32.35 	the use and benefit of the cathedral if the use does not
32.36 	contravene the laws and usages of the Protestant Episcopal
33.1 	church in the United States of America of this state.  It may
33.2 	not divert any gift, grant, or bequest from the purpose
33.3 	specified in writing by the donor or devisor.  It may not sell,
33.4 	convey, or mortgage its church or church site, except with the
33.5 	consent of the bishop, in writing, and when first authorized to
33.6 	do so at a meeting of the chapter called for that purpose, nor
33.7 	in contravention of the canons of the diocese or of the general
33.8 	convention of the Protestant Episcopal church in the United
33.9 	States of America.

33.10 	Sec. 51. Minnesota Statutes 2004, section 315.32, is
33.11 	amended to read:
33.12 	315.32 TRUSTEES, POWERS; CERTIFICATE, RECORDING.
33.13 	The board of trustees or other governing body of a
33.14 	religious organization under section 315.21 may, by unanimous
33.15 	vote of its members, alter or amend the articles of
33.16 	incorporation under section 315.31, when authorized by
33.17 	resolution so to do at a special meeting of the religious
33.18 	organization.  The meeting must be called for that expressly
33.19 	stated purpose, and a majority of the members of the religious
33.20 	organization must be present.  The resolution must be passed by
33.21 	vote of a majority of the members present and voting.  The board
33.22 	of trustees or other governing body shall record the resolution
33.23 	in a certificate executed and acknowledged by its president and
33.24 	secretary, or by its other presiding and recording officers,
33.25 	under the corporate seal of the religious organization.  The
33.26 	certificate is presumptive evidence of the facts stated in it.
33.27 	The certificate must be filed for record recorded with the
33.28 	county recorder of the county where the religious organization
33.29 	is located.  The amendment is effective on filing.

33.30 	Sec. 52. Minnesota Statutes 2004, section 315.365,
33.31 	subdivision 2, is amended to read:
33.32 		Subd. 2.How merger effected.  To accomplish the merger
33.33 	and consolidation, the property corporations must execute an
33.34 	agreement containing:
33.35 	(1) the names of the property corporations who are parties
33.36 	to it;
34.1 	(2) the name and location of the principal office of the
34.2 	surviving corporation with which the property corporations are
34.3 	to be merged and consolidated;
34.4 	(3) the persons who constitute the governing board of the
34.5 	surviving corporation until their successors are elected and
34.6 	qualified;
34.7 	(4) the general purposes of the surviving corporation and
34.8 	the general description of the area to be served by it;
34.9 	(5) the date of adoption of the authorization for the
34.10 	merger and consolidation by the meeting of the united, reunited,
34.11 	merged, or consolidated religious body to which the merging or
34.12 	consolidating property corporations pertain; and
34.13 	(6) other provisions appropriate for the certificate of
34.14 	incorporation of property corporations of this character formed
34.15 	under Minnesota law.
34.16 	The agreement must be executed by the corporate officers of
34.17 	each property corporation that is party to it and must be
34.18 	accompanied by the certificate of the secretary or other
34.19 	recording officer of the new religious body.  The certificate
34.20 	must certify that the body has adopted in accordance with its
34.21 	constitution, canon law, or other general provisions for the
34.22 	governance of its affairs, a resolution authorizing the merger
34.23 	and consolidation.  The agreement must also be accompanied by a
34.24 	certificate of the secretary or other recording officer of each
34.25 	of the property corporations, certifying that the members and
34.26 	governing body of each property corporation have adopted
34.27 	resolutions directing the execution of the agreement.
34.28 	The agreement, when executed and certified, must be filed
34.29 	for record with the county recorder of the county where the
34.30 	surviving corporation's principal place of business is to
34.31 	locate.  It must also be filed for record recorded with the
34.32 	county recorder of each other county of this state where the
34.33 	principal place of business of any of the property corporations
34.34 	was located according to the property corporation's certificate
34.35 	of incorporation.
34.36 	The merger and consolidation takes effect when the
35.1 	agreement and certificates are filed for record with the county
35.2 	recorder.

35.3 	Sec. 53. Minnesota Statutes 2004, section 315.44, is
35.4 	amended to read:
35.5 	315.44 YMCA, YWCA; FORMATION, CERTIFICATE.
35.6 	Three or more persons may form a corporation known as a
35.7 	Young Men's Christian Association or a Young Women's Christian
35.8 	Association by adopting, signing, and acknowledging a
35.9 	certificate of incorporation containing:
35.10 	(1) the names and places of residence of the incorporators;
35.11 	(2) the name of the corporation, the location of its
35.12 	principal place of business, and the period of its duration;
35.13 	(3) the objects of its organization expressly stated;
35.14 	(4) the number of its directors, not less than five, who
35.15 	shall manage its affairs, how and when elected, and the time and
35.16 	place of annual meetings; and
35.17 	(5) the terms of admission to active membership.
35.18 	The certificate must be filed recorded with the county
35.19 	recorder of the county of its principal place of business.

35.20 	Sec. 54. Minnesota Statutes 2004, section 316.09, is
35.21 	amended to read:
35.22 	316.09 CERTIFIED COPY OF ORDER FILED.
35.23 	A certified copy of the order or judgment of dissolution
35.24 	shall be filed for record with the secretary of state and
35.25 	thereafter recorded with the county recorder of the county of
35.26 	the principal place of business of the corporation, and the
35.27 	dissolution of the corporation shall not be deemed complete
35.28 	until such copy is so filed for record and recorded.

35.29 	Sec. 55. Minnesota Statutes 2004, section 317A.021,
35.30 	subdivision 4, is amended to read:
35.31 		Subd. 4.Method of election.  An election by a
35.32 	corporation to become governed by this chapter must be made by
35.33 	resolution approved by the affirmative vote of the members with
35.34 	voting rights of the same proportion that is required for
35.35 	amendment of the articles of the corporation before the
35.36 	election.  If there are no members with voting rights, the
36.1 	corporation must elect to be governed by this chapter by a
36.2 	resolution adopted by a majority vote of the directors entitled
36.3 	to vote at a meeting of the board, with proper notice given.
36.4 	The notice must include a statement that a purpose of the
36.5 	meeting is to consider an election to become governed by this
36.6 	chapter.  The resolution, articles of amendment, if required,
36.7 	and a certified copy of corporate documents previously filed 
36.8 	recorded with the county recorder that would be filed with the
36.9 	secretary of state under this chapter, must be filed with the
36.10 	secretary of state and are effective upon filing.  If an
36.11 	amendment of the articles is not required, the resolution must
36.12 	state that the articles of the corporation conform to the
36.13 	requirements of this chapter.

36.14 	Sec. 56. Minnesota Statutes 2004, section 317A.051,
36.15 	subdivision 2, is amended to read:
36.16 		Subd. 2.Religious corporations.  This chapter does not
36.17 	apply to a religious corporation authorized by chapter 315
36.18 	unless it is formed under this chapter or elects to be governed
36.19 	by this chapter as provided in section 317A.021.  Regardless of
36.20 	whether it is formed or elects to be governed by this chapter, a
36.21 	religious corporation may elect to be governed by sections
36.22 	317A.601 to 317A.671 without electing to come under the entire
36.23 	chapter.  If a religious corporation elects to be governed by
36.24 	sections 317A.601 to 317A.671, it shall file record its
36.25 	documents with the county recorder of the county where its
36.26 	registered office is located instead of the secretary of state.

36.27 	Sec. 57. Minnesota Statutes 2004, section 318.02,
36.28 	subdivision 3, is amended to read:
36.29 		Subd. 3.Powers.  Any such association heretofore or
36.30 	hereafter organized shall have the power in its name:
36.31 	(1) To continue as a business trust for the time limited in
36.32 	its "declaration of trust" or in any amendments, or if no time
36.33 	limit is specified, then perpetually;
36.34 	(2) To sue and be sued;
36.35 	(3) To adopt, use, and, at will, alter a business trust
36.36 	seal, but failure to affix the business trust seal, if any,
37.1 	shall not affect the validity of any instrument;
37.2 	(4) To conduct in this state and elsewhere the business to
37.3 	be engaged in by such association and to contract and enter into
37.4 	obligations and do any acts necessary and incidental to the
37.5 	transaction of its business or expedient for the attainment of
37.6 	the purposes stated in its "declaration of trust" or in any
37.7 	amendments;
37.8 	(5) To acquire including by will or gift, purchase, sell,
37.9 	contract for, hold, lease, mortgage, encumber, convey, transfer,
37.10 	or otherwise deal in and dispose of real and personal property
37.11 	within or without the state by and through its officers, agents
37.12 	or trustees in the manner provided in its "declaration of trust"
37.13 	or in any amendments.  All deeds, contracts, mortgages and other
37.14 	legal instruments heretofore or hereafter acquired by or
37.15 	executed by any such association, and whether or not recorded in
37.16 	the office of the county recorder or filed in the office of the
37.17 	registrar of titles, shall have the same force and effect as a
37.18 	like instrument would have if executed, or recorded or filed in
37.19 	said offices, as in the case of corporations.

37.20 	Sec. 58. Minnesota Statutes 2004, section 322.02, is
37.21 	amended to read:
37.22 	322.02 FORMATION.
37.23 	Two or more persons desiring to form a limited partnership
37.24 	shall:
37.25 	(1) Sign and acknowledge or swear to a certificate, which
37.26 	shall state:
37.27 	(a) the name of the partnership;
37.28 	(b) the character of the business;
37.29 	(c) the location of the principal place of business;
37.30 	(d) the name and place of residence of each member; general
37.31 	and limited partners being, respectively designated;
37.32 	(e) the term for which the partnership is to exist;
37.33 	(f) the amount of cash and a description of and the agreed
37.34 	value of the other property contributed by each limited partner;
37.35 	(g) the additional contributions, if any, agreed to be made
37.36 	by each limited partner and the times at which or events on the
38.1 	happening of which they shall be made;
38.2 	(h) the time, if agreed upon, when the contribution of each
38.3 	limited partner is to be returned;
38.4 	(i) the share of the profits or the other compensation by
38.5 	way of income which each limited partner shall receive by reason
38.6 	of that partner's contribution;
38.7 	(j) the right, if given, of a limited partner to substitute
38.8 	an assignee as contributor in that partner's place, and the
38.9 	terms and conditions of the substitution;
38.10 	(k) the right, if given, of the partners to admit
38.11 	additional limited partners;
38.12 	(l) the right, if given, of one or more of the limited
38.13 	partners to priority over other limited partners, as to
38.14 	contributions or as to compensation by the way of income, and
38.15 	the nature of such priority;
38.16 	(m) the right, if given, of the remaining general partner
38.17 	or partners to continue the business on the death, retirement,
38.18 	or insanity of a general partner; and
38.19 	(n) the right, if given, of a limited partner to demand and
38.20 	receive property other than cash in return for that partner's
38.21 	contribution; and
38.22 	(2) File for Record the certificate in the office of the
38.23 	county recorder of the county where the principal place of
38.24 	business is situated.
38.25 	A limited partnership is formed if there has been
38.26 	substantial compliance in good faith with the requirements of
38.27 	this section.

38.28 	Sec. 59. Minnesota Statutes 2004, section 322.25,
38.29 	subdivision 4, is amended to read:
38.30 		Subd. 4.Decree of court.  If the court finds that the
38.31 	petitioner has a right to have the writing executed by a person
38.32 	who refuses to do so, it shall order the county recorder in the
38.33 	office where the certificate is recorded to record the
38.34 	cancellation or amendment of the certificate; and where the
38.35 	certificate is to be amended, the court shall also cause to be
38.36 	filed for record recorded in that office a certified copy of its
39.1 	decree setting forth the amendment.

39.2 	Sec. 60. Minnesota Statutes 2004, section 322A.86, is
39.3 	amended to read:
39.4 	322A.86 RELATIONSHIP TO SECTIONS 322.01 TO 322.31.
39.5 	A domestic limited partnership existing on January 1, 1981,
39.6 	shall be governed by sections 322.01 to 322.31 unless (1) the
39.7 	limited partnership elects to come under the provisions of
39.8 	sections 322A.01 to 322A.85, and the certificate of limited
39.9 	partnership is amended to reflect the intention, the election
39.10 	and a certified copy of all previously filed limited partnership
39.11 	documents is filed with the secretary of state, and the election
39.12 	is filed recorded with the county recorder; and (2) to so elect
39.13 	is not prohibited by the terms of the certificate of limited
39.14 	partnership in effect prior to January 1, 1981.  A domestic
39.15 	limited partnership formed after December 31, 1980 shall be
39.16 	governed by sections 322A.01 to 322A.85.

39.17 	Sec. 61. Minnesota Statutes 2004, section 327A.04,
39.18 	subdivision 3, is amended to read:
39.19 		Subd. 3.Exception.  If a major construction defect is
39.20 	discovered prior to the sale of a dwelling, the statutory
39.21 	warranty set forth in section 327A.02, subdivision 1, clause (c)
39.22 	may be waived for the defect identified in the waiver
39.23 	instrument, after full oral disclosure of the specific defect,
39.24 	by an instrument which sets forth in detail:  the specific
39.25 	defect; the difference between the value of the dwelling without
39.26 	the defect and the value of the dwelling with the defect, as
39.27 	determined and attested to by an independent appraiser,
39.28 	contractor, insurance adjuster, engineer or any other similarly
39.29 	knowledgeable person selected by the vendee; the price
39.30 	reduction; the date the construction was completed; the legal
39.31 	description of the dwelling; the consent of the vendee to the
39.32 	waiver; and the signatures of the vendee, the vendor, and two
39.33 	witnesses.
39.34 	A single waiver agreed to pursuant to this subdivision may
39.35 	not apply to more than one major construction defect in a
39.36 	dwelling.
40.1 	The waiver shall not be effective unless filed for
40.2 	recording recorded with the county recorder or registrar of
40.3 	titles who shall file the waiver for record.

40.4 	Sec. 62. Minnesota Statutes 2004, section 327C.095,
40.5 	subdivision 8, is amended to read:
40.6 		Subd. 8.Required filing of notice.  Subdivisions 6 and 7
40.7 	apply to manufactured home parks upon which notice has
40.8 	been filed recorded with the county recorder or registrar of
40.9 	titles in the county where the manufactured home park is
40.10 	located.  Any person may file the notice required under this
40.11 	subdivision with the county recorder or registrar of titles.
40.12 	The notice must be in the following form:
40.13 	"MANUFACTURED HOME PARK NOTICE
40.14 	THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK
40.15 	.......................................
40.16 	PARK OWNER
40.17 	.......................................
40.18 	.......................................
40.19 	.......................................
40.20 	LEGAL DESCRIPTION OF PARK
40.21 	.......................................
40.22 	COOPERATIVE ASSOCIATION (IF APPLICABLE)"

40.23 	Sec. 63. Minnesota Statutes 2004, section 327C.095,
40.24 	subdivision 11, is amended to read:
40.25 		Subd. 11.Affidavit of compliance.  After a park is sold,
40.26 	a park owner or other person with personal knowledge may
40.27 	file record an affidavit with the county recorder or registrar
40.28 	of titles in the county in which the park is located certifying
40.29 	compliance with subdivision 6 or 7 or that subdivisions 6 and 7
40.30 	are not applicable.  The affidavit may be used as proof of the
40.31 	facts stated in the affidavit.  A person acquiring an interest
40.32 	in a park or a title insurance company or attorney who prepares,
40.33 	furnishes, or examines evidence of title may rely on the truth
40.34 	and accuracy of statements made in the affidavit and is not
40.35 	required to inquire further as to the park owner's compliance
40.36 	with subdivisions 6 and 7.  When an affidavit is filed recorded,
41.1 	the right to purchase provided under subdivisions 6 and 7
41.2 	terminate, and if registered property, the registrar of titles
41.3 	shall delete the memorials of the notice and affidavit from
41.4 	future certificates of title.

41.5 	Sec. 64. Minnesota Statutes 2004, section 344.06, is
41.6 	amended to read:
41.7 	344.06 CONTROVERSY; DECISION BY FENCE VIEWERS.
41.8 	If a controversy arises concerning the rights in partition
41.9 	fences of the respective occupants or their obligation to
41.10 	maintain the fences, either party may apply to the fence
41.11 	viewers, who, after due notice to the parties, may assign to
41.12 	each a share in the fence and direct the time within which the
41.13 	fence must be erected or repaired.  The assignment may be filed
41.14 	for record recorded with the county recorder after which it is
41.15 	binding upon the parties and upon all succeeding occupants of
41.16 	the lands.

41.17 	Sec. 65. Minnesota Statutes 2004, section 344.08, is
41.18 	amended to read:
41.19 	344.08 RECORDED DIVISION; BINDING ON HEIRS AND ASSIGNS.
41.20 	All divisions of fences which are made by fence viewers
41.21 	under this chapter, or which are made by owners of adjoining
41.22 	lands, in writing, witnessed by two witnesses, signed and
41.23 	acknowledged by the parties, and filed for record recorded with
41.24 	the county recorder, are valid against the parties to the
41.25 	divisions and their heirs and assigns.

41.26 	Sec. 66. Minnesota Statutes 2004, section 375.14, is
41.27 	amended to read:
41.28 	375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY
41.29 	OFFICERS.
41.30 	The county board shall provide offices at the county seat
41.31 	for the auditor, treasurer, county recorder, sheriff, court
41.32 	administrator of the district court, and an office for the
41.33 	county engineer at a site determined by the county board, with
41.34 	suitable furniture and safes and vaults for the security and
41.35 	preservation of the books and papers of the offices, and provide
41.36 	heating, lighting, and maintenance of the offices.  The board
42.1 	shall furnish all county officers with all books, stationery,
42.2 	letterheads, envelopes, postage, telephone service, office
42.3 	equipment, electronic technology,and supplies necessary to the
42.4 	discharge of their respective duties and make like provision for
42.5 	the judges of the district court as necessary to the discharge
42.6 	of their duties within the county or concerning matters arising
42.7 	in it.  The board is not required to furnish any county officer
42.8 	with professional or technical books or instruments except when
42.9 	the board deems them directly necessary to the discharge of
42.10 	official duties as part of the permanent equipment of the office.

42.11 	Sec. 67. Minnesota Statutes 2004, section 381.12,
42.12 	subdivision 1, is amended to read:
42.13 		Subdivision 1.Surveyor, employment.  When the county
42.14 	board determines that the monuments established by the United
42.15 	States in the public lands survey to mark section, quarter
42.16 	section, and meander corners have been destroyed or are becoming
42.17 	obscure, it may employ a licensed surveyor to preserve, restore
42.18 	and mark the corners with a durable magnetic monument.  The
42.19 	surveyor shall make full and accurate notes and records from
42.20 	which the entire survey can be relocated, and shall file a
42.21 	certified copy of the same, with a filed plat, in the office of
42.22 	the county recorder or the office of the county surveyor if an
42.23 	office is maintained in a building maintained by the county for
42.24 	county purposes on a full-time basis.  The monuments are prima
42.25 	facie evidence of the original United States public land survey
42.26 	corners.

42.27 	Sec. 68. Minnesota Statutes 2004, section 382.08, is
42.28 	amended to read:
42.29 	382.08 RECORDING FEES PAID BY COUNTY.
42.30 	The fees for filing and recording official bonds, oaths of
42.31 	office, certificates, or other evidences of election or
42.32 	qualification for office, required by law to be filed or 
42.33 	recorded with the county recorder or court administrator of the
42.34 	district court, shall be paid by the county.

42.35 	Sec. 69. Minnesota Statutes 2004, section 382.10, is
42.36 	amended to read:
43.1 	382.10 BONDS RECORDED.
43.2 	Official bonds of county officers when approved by the
43.3 	county board, and their oaths of office and the bonds and oaths
43.4 	of their deputies, except county recorder, shall be filed and 
43.5 	recorded in the office of the county recorder.

43.6 	Sec. 70. Minnesota Statutes 2004, section 384.02, is
43.7 	amended to read:
43.8 	384.02 BOND.
43.9 	Each county auditor, before entering upon the duties of
43.10 	office, shall give a bond to the state to be approved by the
43.11 	county board in such penal sum not less than $5,000 nor more
43.12 	than $20,000 as such board requires, conditioned for the
43.13 	faithful discharge of the duties of office, upon which shall be
43.14 	endorsed an oath of office.  The bond so endorsed shall be filed
43.15 	and recorded in the office of the county recorder.

43.16 	Sec. 71. Minnesota Statutes 2004, section 384.08, is
43.17 	amended to read:
43.18 	384.08 DEPUTIES.
43.19 	Any county auditor may by certificate in writing appoint
43.20 	deputies who, before entering upon their duties, shall file 
43.21 	record with the county recorder such certificates, with their
43.22 	oaths of office endorsed thereon.  Such deputies may sign all
43.23 	papers and do all other things which county auditors may do.
43.24 	Auditors shall require bonds of their deputies in such amount
43.25 	and with such sureties as they deem proper, shall be responsible
43.26 	for their acts, and may revoke their appointment at pleasure.

43.27 	Sec. 72. Minnesota Statutes 2004, section 385.02,
43.28 	subdivision 1, is amended to read:
43.29 		Subdivision 1.Appointment of deputies.  County
43.30 	treasurers may by certificate in writing appoint one or more
43.31 	deputies, who, before entering upon their duties, shall file 
43.32 	record with the county recorder such certificates, with their
43.33 	oaths of office endorsed thereon.  Such deputies may sign all
43.34 	papers and do all other things which county treasurers may
43.35 	themselves do.  County treasurers are responsible for the acts
43.36 	of their deputies and may revoke their appointments at pleasure.

44.1 	Sec. 73. Minnesota Statutes 2004, section 386.03, is
44.2 	amended to read:
44.3 	386.03 RECEPTION BOOKS INDEX.
44.4 	Every county recorder shall keep two books an index, to be
44.5 	denominated, respectively, the as a grantor's and grantee's
44.6 	reception book index, each page of which shall be divided into
44.7 	seven columns, in the following forms:which shall contain the
44.8 	following information:  date of reception, year, month, day,
44.9 	hour and minute, grantor and grantee, where situated, to whom
44.10 	delivered after recording, fees received, instrument number, and
44.11 	kind of instrument.
44.12 	
44.13 	Date of To Whom Book
44.14 	Reception,Where Delivered Fees and
44.15 	Year,Grantor Grantee Situated after Received Page
44.16 	Day,Record Record-
44.17 	Hour ed and
44.18 	and Minute Kind of
44.19 	                                                    Instru-
44.20 	                                                    ment
44.21 	Date of To Whom Book
44.22 	Reception,Where Delivered Fees and
44.23 	Year,Grantee Grantor Situated after Received Page
44.24 	Day,Record Record-
44.25 	Hour ed and
44.26 	and Minute Kind of
44.27 	                                                    Instru-
44.28 	                                                    ment 
44.29 	The recorder shall enter in each book the index, in the
44.30 	order and manner aforesaid, as soon as the same are received,
44.31 	all deeds and other instruments left, and all copies left, as
44.32 	cautions or notices of liens, authorized by law to be recorded.
44.33 	The pages of each of The reception books index shall be lettered 
44.34 	maintained in alphabetical order, a convenient number of
44.35 	consecutive pages being allotted to each letter of the alphabet,
44.36 	and every entry made therein shall be made in the grantor's 
45.1 	reception book index under the initial letter of the grantor's
45.2 	surname, and in the grantee's reception book under the grantee's
45.3 	surname, and all such entries shall appear therein consecutively
45.4 	and in the order as to time in which the instruments were
45.5 	received.  The recorder shall make an entry in the record
45.6 	immediately after the copy of for each instrument recorded
45.7 	specifying the time of the day, month, and year when the same
45.8 	was recorded.

45.9 	Sec. 74. Minnesota Statutes 2004, section 386.04, is
45.10 	amended to read:
45.11 	386.04 NUMERICAL REGISTER AND RECEPTION BOOK INDEX.
45.12 	The board of county commissioners of any county in this
45.13 	state wherein the recorder's office keeps a deed index and
45.14 	mortgage index are hereby authorized to combine the reception
45.15 	books index required by section 386.03 and the consecutive index
45.16 	book required by section 386.32, the record book to be
45.17 	designated the Numerical Register and Reception Book 
45.18 	Indexes, each page of which shall be divided into nine columns
45.19 	in the following form:or designated the Numerical Register and
45.20 	Reception Indexes for use with electronic media.  The record
45.21 	shall include the date of reception; number of instrument;
45.22 	grantor; grantee; where the land is situated; the month, day,
45.23 	year, and hour and whether a.m. or p.m.; to whom it will be
45.24 	delivered; where it is recorded; kind of instrument; and fees
45.25 	received.
45.26 	NUMERICAL REGISTER AND RECEPTION BOOK...COUNTY, MINNESOTA 
45.27 	
45.28 	Date of
45.29 	   Reception
45.30 	    No. of
45.31 	  Instrument Grantor Grantee Where Situated Section
45.32 	    Year Township
45.33 	    Mo.Range
45.34 	    Day
45.35 	    A.M.
45.36 	    P.M.
46.1 	
46.2 	
46.3 	
46.4 	
46.5 	To Whom Where Kind of Fees
46.6 	   Delivered Recorded Instrument Received
46.7 	      After Book
46.8 	    Reception Page 
46.9 	The recorder shall make the entries in this book or index 
46.10 	in accordance with the requirements of sections 386.03 and
46.11 	386.32 either by manual or electronic means.

46.12 	Sec. 75. Minnesota Statutes 2004, section 386.05, is
46.13 	amended to read:
46.14 	386.05 TRACT INDEX BOOKS.
46.15 	Every county board may shall procure at the expense of its
46.16 	county, and keep in the office of the county recorder,suitable
46.17 	books, substantially bound, arranged in numerical order, and so
46.18 	ruled that opposite to or electronic media so as to allow
46.19 	information to be arranged or retrieved by the description of
46.20 	each section of land or sectional lot, and town or city lot and
46.21 	block, shall be a blank space, of a convenient size, in which
46.22 	shall be entered the letters or numericals indicating the volume
46.23 	of the records referred to, designating deeds by the letter "D,"
46.24 	and mortgages by the letter "M," or by using red ink for
46.25 	mortgages and black ink for deeds, and other records by
46.26 	appropriate initials or abbreviations, together with the page of
46.27 	the volume upon which arranged in numerical order, give
46.28 	appropriate initial or abbreviation for the type of instrument,
46.29 	and recite the book and page or the recorded document number by
46.30 	which every record affecting the title to the whole or any part
46.31 	thereof may be found.  Such tract index shall be kept as one of
46.32 	the records in the office of the county recorder, and such
46.33 	recorder shall note therein a like the date, time, and minute of
46.34 	every instrument affecting the title to any land which shall be 
46.35 	filed for record, to be made opposite to each parcel of land the
46.36 	title to which may be affected by such instrument.  Instead of
47.1 	causing a tract index to be made, the board may purchase any
47.2 	existing tract index or abstracts; and thereafter the recorder
47.3 	shall make the appropriate entries therein.  In either such case
47.4 	,the recorder may make abstracts,for persons demanding the
47.5 	same.

47.6 	Sec. 76. Minnesota Statutes 2004, section 386.13, is
47.7 	amended to read:
47.8 	386.13 TRANSCRIBING RECORDS OF STATE LANDS.
47.9 	The county commissioners of any county in this state are
47.10 	hereby authorized to direct the county recorder of any county
47.11 	containing any lands heretofore granted to the state from the
47.12 	United States government (except sections 16 and 36), and
47.13 	including all lands so granted in lieu of lands in sections 16
47.14 	or 36, to transcribe from the records of the commissioner of
47.15 	finance lists of all such lands including reference to the laws
47.16 	granting the same and by all patents issued thereunder to the
47.17 	state, which transcripts after due examination thereof shall be
47.18 	certified to without charge by the commissioner of finance as
47.19 	being true and correct transcripts, and thereupon such
47.20 	transcripts, shall be recorded by the county recorder in whose
47.21 	county such land is situate, which recording shall be done in
47.22 	books to be as provided therefor by the county.  Such county
47.23 	recorder shall receive the same fees allowed by law for
47.24 	recording original instruments in the office, which fees shall
47.25 	be paid by the county auditor upon the approval of the county
47.26 	commissioners of said county.

47.27 	Sec. 77. Minnesota Statutes 2004, section 386.16, is
47.28 	amended to read:
47.29 	386.16 COUNTY RECORDER TO SUPERVISE; COMPENSATION.
47.30 	The work provided for in section 386.15 shall be performed
47.31 	by the county recorder of the county.  The county recorder, for
47.32 	performing the work, shall receive as compensation therefor such
47.33 	sum as may be fixed by the board of county commissioners not
47.34 	exceeding two cents for each description so transcribed,
47.35 	compared with the original records, and checked back.

47.36 	Sec. 78. Minnesota Statutes 2004, section 386.19, is
48.1 	amended to read:
48.2 	386.19 RECORD BOOKS, INDEXES.
48.3 	The county recorder shall keep suitable word for word
48.4 	records of all instruments left with the recorder for record
48.5 	keeping.  The recorder shall keep an alphabetical index either
48.6 	by manual or electronic means,to record, under the proper
48.7 	letter of the alphabet, the name of each grantor and grantee of
48.8 	any instrument left for record.

48.9 	Sec. 79. Minnesota Statutes 2004, section 386.20,
48.10 	subdivision 1, is amended to read:
48.11 		Subdivision 1.Recordation.  (a) Certificates of
48.12 	discharge from the United States Army, the United States Navy,
48.13 	and the United States Marine Corps and releases or transfers
48.14 	from active duty therein may be recorded in the office of the
48.15 	county recorder of any county in this state by the person to
48.16 	whom such discharge, release or transfer was issued without the
48.17 	payment of any fee to the county recorder for recording the
48.18 	same.  Upon the request of the person having such instrument
48.19 	recorded, the county recorder shall not stamp, mark, or make any
48.20 	endorsement upon any such certificate of discharge, release or
48.21 	transfer, but after the recording thereof has been completed the
48.22 	recorder shall return the certificate of discharge, release, or
48.23 	transfer in the condition received.
48.24 	(b) In any county where the compensation of the county
48.25 	recorder consists of fees only, the county recorder shall be
48.26 	entitled to a fee of 60 cents for recording such instrument,
48.27 	which shall be paid by the county upon presentation of a
48.28 	verified claim by the county recorder.
48.29 	(c) The release of any information pertaining to military
48.30 	certificates of discharge is governed by section 196.08.

48.31 	Sec. 80. Minnesota Statutes 2004, section 386.20,
48.32 	subdivision 3, is amended to read:
48.33 		Subd. 3.Record books.  The county recorder of any county
48.34 	is hereby authorized and empowered to procure at the expense of
48.35 	the county proper record books or electronic media for recording
48.36 	such certificates of discharge with sufficient indexes thereto.

49.1 	Sec. 81. Minnesota Statutes 2004, section 386.23,
49.2 	subdivision 1, is amended to read:
49.3 		Subdivision 1.Must be transcribed.  The county recorder
49.4 	in any county is hereby authorized and directed to transcribe,
49.5 	in appropriate records or electronic media to be provided for
49.6 	such purpose, all certificates now on file in the recorder's
49.7 	office, which were filed prior to May 10, 1862, made by sheriffs
49.8 	upon sales of real estate on mortgage foreclosures, judgments,
49.9 	and executions.

49.10 	Sec. 82. Minnesota Statutes 2004, section 386.23,
49.11 	subdivision 2, is amended to read:
49.12 		Subd. 2.Compensation.  The county recorder shall receive
49.13 	as compensation therefor the sum of $1.75 for transcribing each
49.14 	of such certificates, and 25 cents each for comparing and
49.15 	certifying all such certificates, filed prior to May 10, 1862,
49.16 	and not heretofore compared and certified, to be paid out of the
49.17 	county funds, and shall be allowed by the board of county
49.18 	commissioners of such county upon the completion of the work.

49.19 	Sec. 83. Minnesota Statutes 2004, section 386.26,
49.20 	subdivision 3, is amended to read:
49.21 		Subd. 3.In future; record at length.  It is hereby made
49.22 	the duty of the county recorder in any such county to record at
49.23 	length in suitable books or by electronic media to be provided
49.24 	by the county for such purpose all instruments hereafter
49.25 	received either for filing or recording.  The recorder shall
49.26 	receive the same fees therefor as are allowed for the recording
49.27 	of other like instruments.

49.28 	Sec. 84. Minnesota Statutes 2004, section 386.29, is
49.29 	amended to read:
49.30 	386.29 TRANSCRIBING ABSTRACT RECORDS.
49.31 	The board of county commissioners of any county that has
49.32 	undertaken to have the abstract records in the office of the
49.33 	county recorder transcribed under any law fixing a maximum limit
49.34 	that may be expended for such purpose but is unable to complete
49.35 	such work on account of such limit having been reached may
49.36 	authorize the county recorder or employ any other competent
50.1 	person to complete the same under the supervision and direction
50.2 	of the county recorder at such salary or upon such basis of
50.3 	compensation as may be agreed upon; provided that, if such
50.4 	employment be upon a salary basis, it shall not exceed the sum
50.5 	of $80 per month and, if upon a per line basis, at not to exceed
50.6 	five cents per line.

50.7 	Sec. 85. Minnesota Statutes 2004, section 386.31, is
50.8 	amended to read:
50.9 	386.31 CONSECUTIVE NUMBERING.
50.10 	Each county recorder shall endorse plainly upon each
50.11 	instrument received for record or filing as soon as received a
50.12 	number consecutive, to the extent practicable, to the number
50.13 	affixed to the instrument next previously received and enter
50.14 	such number as a part of the entry relating to such instrument
50.15 	in all the indexes kept in the office and on the margin of the
50.16 	record of the instrument, and such number shall be prima facie
50.17 	evidence of priority of registration.  If more than one
50.18 	instrument shall be received at the same time, by mail or other
50.19 	like enclosure, the recorder shall affix such number in the
50.20 	order directed by the sender; if no direction be given, then in
50.21 	the order in which the instruments actually come to the
50.22 	recorder's hand in opening the enclosures.

50.23 	Sec. 86. Minnesota Statutes 2004, section 386.32, is
50.24 	amended to read:
50.25 	386.32 CONSECUTIVE INDEX.
50.26 	Each county recorder shall keep an index of all records or
50.27 	files kept in the office showing the number of the instrument
50.28 	consecutively, the kind, the time of its reception, and where
50.29 	the same is recorded or filed, thus:.
50.30 	
50.31 	Number of Kind of Time of Where Recorded
50.32 	Instrument Instrument Reception or Filed
50.33 	                                   Book Page File No.
50.34 	Such entries shall be made as soon as the instrument is
50.35 	received, excepting only the place of record, which shall be
50.36 	filled in as soon as such instrument is recorded.

51.1 	Sec. 87. Minnesota Statutes 2004, section 386.36, is
51.2 	amended to read:
51.3 	386.36 FARM NAMES RECORDED.
51.4 	The owner of farm lands in the state may designate a
51.5 	specific name of the farm lands and this name, together with a
51.6 	description of the farm lands according to the government survey
51.7 	thereof, may be filed recorded with the county recorder of the
51.8 	county wherein the lands, or a part thereof, are situated, and
51.9 	this name, together with the description of the lands, shall be
51.10 	recorded by the county recorder in a book to be provided for
51.11 	such purpose, upon payment of a fee as prescribed in section
51.12 	357.18, but no two names so designated and recorded shall be
51.13 	alike in the same county.

51.14 	Sec. 88. Minnesota Statutes 2004, section 386.37, is
51.15 	amended to read:
51.16 	386.37 ABSTRACTS OF TITLE.
51.17 	In a county in which the county recorder performs abstract
51.18 	services,the county recorder, upon being paid lawful fees
51.19 	therefor, shall make out, under the recorder's certificate and
51.20 	seal, as the same appears of record or on file in the office,
51.21 	and deliver to any person requesting the same:
51.22 	(1) a full and perfect abstract of title to any real estate
51.23 	together with all encumbrances, liens and instruments in any
51.24 	manner affecting such title;
51.25 	(2) a continuation of any abstract of title, to any real
51.26 	estate that has been certified to by an official abstracter of
51.27 	the county within ten days a reasonable amount of time after
51.28 	such request;
51.29 	(3) an abstract of title to any real estate, together with
51.30 	all encumbrances, liens, and instruments in any manner affecting
51.31 	such title, from a certain date to a given date, within ten days 
51.32 	a reasonable amount of time after such request; or
51.33 	(4) an abstract of title to any real estate covering
51.34 	encumbrances and liens, only, affecting such title between any
51.35 	two given dates, within ten days a reasonable amount of time 
51.36 	after such request.

52.1 	Sec. 89. Minnesota Statutes 2004, section 386.45, is
52.2 	amended to read:
52.3 	386.45 BANKRUPTCY DOCUMENTS MAY BE RECORDED, USED AS
52.4 	EVIDENCE.
52.5 	(a) When a petition for bankruptcy, or a decree of
52.6 	adjudication, or an order approving the trustee's bond is made,
52.7 	pursuant to the Federal Bankruptcy Act of 1898, as amended by
52.8 	the Bankruptcy Act of 1938, chapter 575, Statutes at Large,
52.9 	volume 52, page 840, section 21 g, or a petition is made
52.10 	pursuant to the Bankruptcy Reform Act of 1978, hereinafter
52.11 	referred to as the "Bankruptcy Code," the bankrupt, debtor,
52.12 	trustee, receiver, custodian, referee, or any creditor may
52.13 	record a certified copy of the petition, decree, order, or a
52.14 	certificate of a clerk of the United States Bankruptcy Court
52.15 	relating to any matter involving the status of or disposition of
52.16 	the proceedings or pleadings, property of the estate or property
52.17 	of the debtor or documents or orders filed recorded in the
52.18 	proceeding, all pursuant to the Bankruptcy Code, in the office
52.19 	of the county recorder or file the instruments in the office of
52.20 	the registrar of titles of any county in this state.
52.21 	(b) Any certificate so recorded, or a certified copy
52.22 	thereof, is admissible as evidence in any action involving any
52.23 	instrument to which it relates or involving the title to the
52.24 	real estate affected by the certificate and is prima facie
52.25 	evidence of the facts stated therein.

52.26 	Sec. 90. Minnesota Statutes 2004, section 387.01, is
52.27 	amended to read:
52.28 	387.01 QUALIFICATIONS; BOND; OATH.
52.29 	Every person who files as a candidate for county sheriff
52.30 	must be licensed as a peace officer in this state.  Every person
52.31 	appointed to the office of sheriff must become licensed as a
52.32 	peace officer before entering upon the duties of the office.
52.33 	Before entering upon duties every sheriff shall give bond to the
52.34 	state in a sum not less than $25,000 in counties whose
52.35 	population exceeds 150,000, and not less than $5,000 in all
52.36 	other counties, to be approved by the county board, conditioned
53.1 	that the sheriff will well and faithfully in all things perform
53.2 	and execute the duties of office, without fraud, deceit, or
53.3 	oppression, which bond, with an oath of office, shall be filed
53.4 	for record recorded with the county recorder.

53.5 	Sec. 91. Minnesota Statutes 2004, section 387.33,
53.6 	subdivision 2, is amended to read:
53.7 		Subd. 2.Members; qualifications, conditions.  The
53.8 	commission shall consist of three members who shall be citizens
53.9 	of the state and residents of the county, and shall be appointed
53.10 	by the chair of the county board, and the appointment of each
53.11 	commissioner, to be confirmed by majority vote of the county
53.12 	board. When first created one commissioner shall be appointed
53.13 	for one year, who shall be president of the commission, one for
53.14 	the term of two years, and one for the term of three years, and
53.15 	all commissioners shall hold their office until their successors
53.16 	are appointed and qualified.  No commissioner shall at the time
53.17 	of appointment or while serving, hold any other office or
53.18 	employment under said county, any city, the United States, the
53.19 	state of Minnesota, or any public corporation or political
53.20 	division thereof, other than the office of notary public.  Each
53.21 	commissioner, before entering upon duties, shall subscribe and
53.22 	file record with the county recorder of said county an oath for
53.23 	the faithful discharge of duties.  There shall be appointed each
53.24 	year thereafter, in the manner of the original appointments, one
53.25 	member of the commission whose term of office shall be for three
53.26 	years, and each member of the commission shall be president of
53.27 	the commission during the last year of the term for which
53.28 	appointed.

53.29 	Sec. 92. Minnesota Statutes 2004, section 388.01, is
53.30 	amended to read:
53.31 	388.01 ELECTION; QUALIFICATIONS; TERM.
53.32 	There shall be elected in each county a county attorney who
53.33 	shall be licensed to practice law in this state, and whose term
53.34 	of office shall be four years and until a successor qualifies.
53.35 	Before entering upon duties the county attorney shall take an
53.36 	oath.  The oath must be filed for record recorded with the
54.1 	county recorder.

54.2 	Sec. 93. Minnesota Statutes 2004, section 388.10, is
54.3 	amended to read:
54.4 	388.10 ASSISTANTS.
54.5 	The county attorney of any county in this state who has no
54.6 	assistant is hereby authorized to appoint, with the consent of
54.7 	the county board of the county, one or more attorneys for
54.8 	assistance in the performance of duties.  Each assistant shall
54.9 	have the same duties and be subject to the same liabilities as
54.10 	the county attorney and hold office during the pleasure of the
54.11 	county attorney.  Each assistant shall be appointed in writing
54.12 	and the assistant's oath and appointment shall be filed for
54.13 	record recorded with the county recorder.  The county board of
54.14 	such county shall fix the salary of each assistant county
54.15 	attorney appointed pursuant to the provisions of this section,
54.16 	and the salary when so fixed by such county board shall
54.17 	thereafter be paid by the county in equal monthly installments
54.18 	upon the warrant of the county auditor during the period for
54.19 	which such salary is so fixed or during such portion thereof as
54.20 	an assistant county attorney continues in office.

54.21 	Sec. 94. Minnesota Statutes 2004, section 389.011,
54.22 	subdivision 1, is amended to read:
54.23 		Subdivision 1.Qualifications.  A county surveyor elected
54.24 	or appointed after July 1, 1961, or a surveyor designated to
54.25 	perform the professional duties of a county surveyor after July
54.26 	1, 1961, must be licensed in Minnesota as a land surveyor as
54.27 	provided in chapter 326.  The professional duties of a county
54.28 	surveyor include any of the duties involved in the practice of
54.29 	land surveying as provided in chapter 326.  A county surveyor or
54.30 	other surveyor designated to perform the duties of a county
54.31 	surveyor must be licensed in Minnesota as a land surveyor while
54.32 	holding such office or while such designation is in effect.
54.33 	Failure on the part of a land surveyor to keep the license
54.34 	current is grounds for the board of county commissioners to
54.35 	declare the office vacant and to appoint a qualified person to
54.36 	such office.  As used in this section, the term land surveyor
55.1 	means a surveyor licensed in Minnesota as a land surveyor.
55.2 	A county surveyor or other licensed surveyor designated to
55.3 	perform the duties of a county surveyor after July 1, 1961,
55.4 	before entering upon duties, in addition to such bond and oath
55.5 	of office as is required to be filed, shall file record 
55.6 	certified evidence of license as a land surveyor for record with
55.7 	the county recorder and each license period thereafter while
55.8 	holding such office or designation shall file record certified
55.9 	evidence of the license renewal for the then current period with
55.10 	the county recorder on or before the license expiration date.
55.11 	A county surveyor holding that office on July 1, 1961, who
55.12 	was elected or appointed for a term beginning prior to July 1,
55.13 	1959, is eligible for reelection or appointment to the office of
55.14 	county surveyor in the county in which last elected or appointed
55.15 	if subsequently elected or appointed to that office while not a
55.16 	licensed land surveyor, in lieu of a license as a land surveyor,
55.17 	the county surveyor shall file record with the county recorder a
55.18 	certified copy of the certificate of election or the resolution
55.19 	of appointment for the term beginning prior to July 1, 1959.

55.20 	Sec. 95. Minnesota Statutes 2004, section 389.011,
55.21 	subdivision 3, is amended to read:
55.22 		Subd. 3.Bond, oath.  A county surveyor appointed or
55.23 	elected after July 1, 1961, before entering on duties shall give
55.24 	bond to the state, approved by the county board, in the sum of
55.25 	$2,000 conditioned on the faithful discharge of the duties.  The
55.26 	bond, together with the surveyor's oath, and certified evidence
55.27 	of a license as a land surveyor or the certificate of election
55.28 	must be filed for record recorded with the county recorder.

55.29 	Sec. 96. Minnesota Statutes 2004, section 390.05, is
55.30 	amended to read:
55.31 	390.05 DEPUTIES.
55.32 	A coroner shall appoint one or more deputies.  When the
55.33 	coroner is absent or unable to act, deputies have the same
55.34 	powers and are subject to the same liabilities as coroners.  A
55.35 	deputy shall be appointed in writing.  The oath and appointment
55.36 	shall be filed for record recorded with the county recorder.
56.1 	The deputy shall act by name as deputy coroner and hold office
56.2 	at the same time as the coroner.

56.3 	Sec. 97. Minnesota Statutes 2004, section 394.27,
56.4 	subdivision 8, is amended to read:
56.5 		Subd. 8.Filing orders.  A certified copy of any order
56.6 	issued by the board of adjustment acting upon an appeal from an
56.7 	order, requirement, decision or determination by an
56.8 	administrative official, or a request for a variance, shall be
56.9 	filed recorded with the county recorder or registrar of titles
56.10 	for record.  The order issued by the board of adjustment shall
56.11 	include the legal description of the property involved.  The
56.12 	board by ordinance shall designate the county official or
56.13 	employee responsible for meeting the requirements of this
56.14 	subdivision.

56.15 	Sec. 98. Minnesota Statutes 2004, section 394.301,
56.16 	subdivision 4, is amended to read:
56.17 		Subd. 4.Copy filed.  A certified copy of any conditional
56.18 	use permit shall be filed recorded with the county recorder or
56.19 	registrar of titles for record.  The conditional use permit
56.20 	shall include the legal description of the property involved.
56.21 	The board by ordinance shall designate the county official or
56.22 	employee responsible for meeting the requirements of the
56.23 	subdivision.

56.24 	Sec. 99. Minnesota Statutes 2004, section 394.33,
56.25 	subdivision 1, is amended to read:
56.26 		Subdivision 1.Not inconsistent.  The governing body of
56.27 	any town including any town with the powers of a statutory city
56.28 	pursuant to law may continue to exercise the authority to plan
56.29 	and zone as provided by law, but after the adoption of official
56.30 	controls for a county or portion thereof by the board of county
56.31 	commissioners no town shall enact or enforce official controls
56.32 	inconsistent with or less restrictive than the standards
56.33 	prescribed in the official controls adopted by the board.
56.34 	Nothing in this section shall limit any town's power to adopt
56.35 	official controls, including shoreland regulations which are
56.36 	more restrictive than provided in the controls adopted by the
57.1 	county.  Upon the adoption or amendment of any official controls
57.2 	the governing body of the town shall file record a certified
57.3 	copy thereof with the county recorder or registrar of titles for
57.4 	record.  A certified copy of any official controls of any town
57.5 	which are in effect on August 1, 1974,shall also be filed by
57.6 	the governing body of the town with the county recorder or
57.7 	registrar of titles for record within one year from August 1,
57.8 	1974.

57.9 	Sec. 100. Minnesota Statutes 2004, section 394.35, is
57.10 	amended to read:
57.11 	394.35  FILING RECORDING WITH THE COUNTY RECORDER.
57.12 	Upon the adoption of any ordinance or other official
57.13 	control including any maps or charts supplemented to or as part
57.14 	thereof, the county auditor shall file record a certified copy
57.15 	thereof with the county recorder for record.  Ordinances,
57.16 	resolutions, maps or regulations filed recorded with the county
57.17 	recorder or registrar of titles pursuant to sections 394.21 to
57.18 	394.37 do not constitute encumbrances on real property.

57.19 	Sec. 101. Minnesota Statutes 2004, section 395.18, is
57.20 	amended to read:
57.21 	395.18 CONDITION OF THE CONTRACT.
57.22 	The warrant provided for in section 395.16 shall not be
57.23 	delivered until the applicant shall have signed a contract in
57.24 	duplicate, attested by the county auditor, to the effect that
57.25 	the applicant, for and in consideration of the seed and feed
57.26 	specified received from the county, promises to pay to the
57.27 	county the amount allowed for the same, on or before the first
57.28 	day of October following, with interest at the rate of six
57.29 	percent per annum, that such amount shall be a first lien upon
57.30 	the crop raised from the seed and, in addition thereto, shall be
57.31 	taxable against the real property of the applicant for which
57.32 	seed and feed was furnished.  The contract shall also contain a
57.33 	true description of the land upon which the applicant intends to
57.34 	and will sow and plant such seed, in due season next following,
57.35 	and shall specify that the written application shall be a part
57.36 	of this contract.  The auditor shall forthwith file record one
58.1 	of such duplicate contracts with the county recorder of the
58.2 	county, for which the applicant shall pay the required filing 
58.3 	recording fee and file the other duplicate in the auditor's
58.4 	office.

58.5 	Sec. 102. Minnesota Statutes 2004, section 395.22, is
58.6 	amended to read:
58.7 	395.22 PENALTY FOR VIOLATION.
58.8 	Any person who shall, contrary to the provisions of
58.9 	sections 395.14 to 395.24, sell, transfer, take, or carry away,
58.10 	or in any manner dispose of, the seed or feed, or any part
58.11 	thereof, furnished by the county under sections 395.14 to 395.24
58.12 	or shall use or dispose of such seed or feed, or any part
58.13 	thereof, for any other purpose than that of planting or sowing
58.14 	with same as stated in the application and contract, or shall
58.15 	sell, transfer, take, or carry away, or in any manner dispose
58.16 	of, the crop or any part thereof, produced from the sowing or
58.17 	planting of such seed, before the same is paid for, shall be
58.18 	guilty of a misdemeanor; and upon conviction thereof shall pay a
58.19 	fine of not less than $50 nor more than $100 or may be
58.20 	imprisoned in the county jail for a term of not less than 30 nor
58.21 	more than 90 days, and shall pay all the costs of prosecution,
58.22 	and whoever under any of the provisions of sections 395.14 to
58.23 	395.24 shall be found guilty of false swearing shall be deemed
58.24 	to have committed perjury and shall upon conviction suffer the
58.25 	pains and penalties of that crime.  Upon the filing recording of
58.26 	the contract in the office of the county recorder, and the
58.27 	sowing of the seed obtained therefor, the title and right of
58.28 	possession to the growing crop and to the grain produced from
58.29 	the seed shall be in the county which shall have furnished the
58.30 	seed until the debt incurred for such seed or feed, shall have
58.31 	been paid, and any seizure thereof or interference therewith
58.32 	except by the applicant and those in the applicant's employ, for
58.33 	the purpose of harvesting, threshing, and marketing the same to
58.34 	pay such debt, shall be deemed a conversion thereof and treble
58.35 	damages may be recovered against the person so converting the
58.36 	same by the county furnishing such seed and feed.

59.1 	Sec. 103. Minnesota Statutes 2004, section 398.19, is
59.2 	amended to read:
59.3 	398.19 PLAN FOR DEVELOPMENT OF PARKS; FILING RECORDING.
59.4 	Within 18 months of the activation of a park district, the
59.5 	board for such park district shall develop and approve a written
59.6 	plan for development of parks within the district.  Certified
59.7 	copies of such plan shall be filed recorded by the secretary of
59.8 	the board with the county recorders for the counties having land
59.9 	within the district and with the department of parks of the
59.10 	state of Minnesota.  Such plans shall be revised and brought up
59.11 	to date at least every five years.

59.12 	Sec. 104. Minnesota Statutes 2004, section 410.11, is
59.13 	amended to read:
59.14 	410.11 ADOPTION; NOTICE, EFFECTIVE DATE.
59.15 	If 51 percent of the votes cast on the proposition are in
59.16 	favor of the proposed charter, it shall be considered adopted;
59.17 	and, if any provisions thereof are submitted in the alternative,
59.18 	those ratified by a majority of the votes cast thereon shall
59.19 	prevail.  If the charter is adopted, the city clerk shall file
59.20 	with the secretary of state, the county recorder of the county
59.21 	in which the city lies,and in the city clerk's office a copy of
59.22 	the charter accompanied by a certificate attesting to the
59.23 	accuracy of the copy and giving the date of the election and the
59.24 	vote by which the charter was adopted and record a certified
59.25 	copy with the county recorder of the county in which the city
59.26 	lies.  The charter shall take effect 30 days after the election,
59.27 	or at such other time as is fixed in the charter, and shall then
59.28 	supersede all other charter provisions relating to such city.
59.29 	Thereupon the courts shall take judicial notice of the new
59.30 	charter and, upon the election of officers thereunder, the
59.31 	officials of the former corporation shall deliver to them the
59.32 	records, money and other public property in their control.

59.33 	Sec. 105. Minnesota Statutes 2004, section 412.851, is
59.34 	amended to read:
59.35 	412.851 VACATION OF STREETS.
59.36 	The council may by resolution vacate any street, alley,
60.1 	public grounds, public way, or any part thereof, on its own
60.2 	motion or on petition of a majority of the owners of land
60.3 	abutting on the street, alley, public grounds, public way, or
60.4 	part thereof to be vacated.  When there has been no petition,
60.5 	the resolution may be adopted only by a vote of four-fifths of
60.6 	all members of the council.  No such vacation shall be made
60.7 	unless it appears in the interest of the public to do so after a
60.8 	hearing preceded by two weeks' published and posted notice.  The
60.9 	council shall cause written notice of the hearing to be mailed
60.10 	to each property owner affected by the proposed vacation at
60.11 	least ten days before the hearing.  The notice must contain, at
60.12 	minimum, a copy of the petition or proposed resolution as well
60.13 	as the time, place, and date of the hearing.  In addition, if
60.14 	the street, alley, public grounds, public way, or any part
60.15 	thereof terminates at or abuts upon any public water, no
60.16 	vacation shall be made unless written notice of the petition or
60.17 	proposed resolution is served by certified mail upon the
60.18 	commissioner of natural resources at least 30 days before the
60.19 	hearing on the matter.  The notice to the commissioner of
60.20 	natural resources is for notification purposes only and does not
60.21 	create a right of intervention by the commissioner.  After a
60.22 	resolution of vacation is adopted, the clerk shall prepare a
60.23 	notice of completion of the proceedings which shall contain the
60.24 	name of the city, an identification of the vacation, a statement
60.25 	of the time of completion thereof and a description of the real
60.26 	estate and lands affected thereby.  The notice shall be
60.27 	presented to the county auditor who shall enter the same in the
60.28 	transfer records and note upon the instrument, over official
60.29 	signature, the words "entered in the transfer record."  The
60.30 	notice shall then be filed recorded with the county recorder.
60.31 	Any failure to file the notice shall not invalidate any such
60.32 	vacation proceedings.

60.33 	Sec. 106. Minnesota Statutes 2004, section 429.061,
60.34 	subdivision 2, is amended to read:
60.35 		Subd. 2.Adoption; interest.  At such meeting or at any
60.36 	adjournment thereof the council shall hear and pass upon all
61.1 	objections to the proposed assessment, whether presented orally
61.2 	or in writing.  The council may amend the proposed assessment as
61.3 	to any parcel and by resolution adopt the same as the special
61.4 	assessment against the lands named in the assessment roll.
61.5 	Notice of any adjournment of the hearing shall be adequate if
61.6 	the minutes of the meeting so adjourned show the time and place
61.7 	when and where the hearing is to be continued.
61.8 	The council may consider any objection to the amount of a
61.9 	proposed assessment as to a specific parcel of land at an
61.10 	adjourned hearing upon further notice to the affected property
61.11 	owner as it deems advisable.  At the adjourned hearing the
61.12 	council or a committee of it may hear further written or oral
61.13 	testimony on behalf of the objecting property owner and may
61.14 	consider further written or oral testimony from appropriate city
61.15 	officials and other witnesses as to the amount of the
61.16 	assessment.  The council or committee shall prepare a record of
61.17 	the proceedings at the adjourned hearing and written findings as
61.18 	to the amount of the assessment.  The amount of the assessment
61.19 	as finally determined by the council shall become a part of the
61.20 	adopted assessment roll.  No appeal may be taken as to the
61.21 	amount of any assessment adopted under this section unless
61.22 	written objection signed by the affected property owner is filed
61.23 	with the municipal clerk prior to the assessment hearing or
61.24 	presented to the presiding officer at the hearing.  All
61.25 	objections to the assessments not received at the assessment
61.26 	hearing in the manner prescribed by this subdivision are waived,
61.27 	unless the failure to object at the assessment hearing is due to
61.28 	a reasonable cause.
61.29 	If the adopted assessment differs from the proposed
61.30 	assessment as to any particular lot, piece, or parcel of land,
61.31 	the clerk must mail to the owner a notice stating the amount of
61.32 	the adopted assessment.  Owners must also be notified by mail of
61.33 	any changes adopted by the council in interest rates or
61.34 	prepayment requirements from those contained in the notice of
61.35 	the proposed assessment.
61.36 	The assessment, with accruing interest, shall be a lien
62.1 	upon all private and public property included therein, from the
62.2 	date of the resolution adopting the assessment, concurrent with
62.3 	general taxes; but the lien shall not be enforceable against
62.4 	public property as long as it is publicly owned, and during such
62.5 	period the assessment shall be recoverable from the owner of
62.6 	such property only in the manner and to the extent provided in
62.7 	section 435.19.  Unless otherwise provided in the resolution,
62.8 	all assessments shall be payable in equal annual installments
62.9 	extending over such period, not exceeding 30 years, as the
62.10 	resolution determines, payable on the first Monday in January in
62.11 	each year, but the number of installments need not be uniform
62.12 	for all assessments included in a single assessment roll if a
62.13 	uniform criterion for determining the number of installments is
62.14 	provided by the resolution.  Assessments on property located in
62.15 	a targeted neighborhood as defined in Laws 1987, chapter 386,
62.16 	article 6, section 4, may be payable in variable annual
62.17 	installments if the resolution provides for a variable payment.
62.18 	The first installment of each assessment shall be included in
62.19 	the first tax rolls completed after its adoption and shall be
62.20 	payable in the same year as the taxes contained therein; except
62.21 	that the payment of the first installment of any assessment
62.22 	levied upon unimproved property may be deferred until a
62.23 	designated future year, or until the platting of the property or
62.24 	the construction of improvements thereon, upon such terms and
62.25 	conditions and based upon such standards and criteria as may be
62.26 	provided by resolution of the council.  If special assessments
62.27 	against the property have been deferred pursuant to this
62.28 	subdivision, the governmental unit shall file record with the
62.29 	county recorder in the county in which the property is located a
62.30 	certificate containing the legal description of the affected
62.31 	property and of the amount deferred.  In any event, every
62.32 	assessment the payment of which is so deferred, when it becomes
62.33 	payable, shall be divided into a number of installments such
62.34 	that the last installment thereof will be payable not more than
62.35 	30 years after the levy of the assessment.  All assessments
62.36 	shall bear interest at such rate as the resolution determines.
63.1 	To the first installment of each assessment shall be added
63.2 	interest on the entire assessment from a date specified in the
63.3 	resolution levying the assessment, not earlier than the date of
63.4 	the resolution, until December 31 of the year in which the first
63.5 	installment is payable, and to each subsequent installment shall
63.6 	be added interest for one year on all unpaid installments; or
63.7 	alternatively, any assessment may be made payable in equal
63.8 	annual installments including principal and interest, each in
63.9 	the amount annually required to pay the principal over such
63.10 	period with interest at such rate as the resolution determines,
63.11 	not exceeding the maximum period and rate specified above.  In
63.12 	the latter event no prepayment shall be accepted under
63.13 	subdivision 3 without payment of all installments due to and
63.14 	including December 31 of the year of prepayment, together with
63.15 	the original principal amount reduced only by the amounts of
63.16 	principal included in such installments, computed on an annual
63.17 	amortization basis.  When payment of an assessment is deferred,
63.18 	as authorized in this subdivision, interest thereon for the
63.19 	period of deferment may be made payable annually at the same
63.20 	times as the principal installments of the assessment would have
63.21 	been payable if not deferred; or interest for this period may be
63.22 	added to the principal amount of the assessment when it becomes
63.23 	payable; or, if so provided in the resolution levying the
63.24 	assessment, interest thereon to December 31 of the year before
63.25 	the first installment is payable may be forgiven.

63.26 	Sec. 107. Minnesota Statutes 2004, section 444.17, is
63.27 	amended to read:
63.28 	444.17 ESTABLISHMENT OF DISTRICT.
63.29 	The governing body of a municipality may by ordinance
63.30 	adopted by a two-thirds vote of all of its members, establish
63.31 	within its territorial limits a storm sewer improvement tax
63.32 	district.  The ordinance shall describe with particularity the
63.33 	territory or area within the municipality to be included within
63.34 	the district.  No such ordinance shall be adopted until after a
63.35 	public hearing has been held on the question.  A notice of the
63.36 	time, place and purpose of the hearing shall be published for
64.1 	two successive weeks in the official newspaper of the
64.2 	municipality or in a qualified newspaper of general circulation
64.3 	in the municipality and the last notice shall be at least seven
64.4 	days prior to the day of the hearing.  The ordinance when
64.5 	adopted shall be filed recorded with the county auditor and
64.6 	county recorder.

64.7 	Sec. 108. Minnesota Statutes 2004, section 447.31,
64.8 	subdivision 4, is amended to read:
64.9 		Subd. 4.Filing resolutions.  The hospital district is
64.10 	created or reorganized on the effective date of the last
64.11 	resolution required to authorize it.  However, certified copies
64.12 	of each resolution must be sent by the clerk or other recording
64.13 	officer of the governing body or board adopting it to the county
64.14 	auditor of each county containing territory in the hospital
64.15 	district.  On receiving the required resolutions, each county
64.16 	auditor shall file record certified copies of them as a public
64.17 	record with the county recorder of the auditor's county.  The
64.18 	county auditor of the county containing most of the population
64.19 	of the district shall send a certified copy of each resolution
64.20 	to the secretary of state to be filed as a public record.

64.21 	Sec. 109. Minnesota Statutes 2004, section 462.359,
64.22 	subdivision 2, is amended to read:
64.23 		Subd. 2.Adoption.  After the planning agency has adopted
64.24 	a major thoroughfare plan and a community facilities plan, it
64.25 	may, for the purpose of carrying out the policies of the major
64.26 	thoroughfare plan and community facilities plan, prepare and
64.27 	recommend to the governing body a proposed official map covering
64.28 	the entire municipality or any portion thereof.  The governing
64.29 	body may, after holding a public hearing, adopt and amend the
64.30 	official map by ordinance. A notice of the time, place and
64.31 	purpose of the hearing shall be published in the official
64.32 	newspaper of the municipality at least ten days prior to the
64.33 	date of the hearing.  The official map or maps shall be prepared
64.34 	in sufficient detail to permit the establishment of the future
64.35 	acquisition lines on the ground.  In unplatted areas a minimum
64.36 	of a centerline survey shall have been made prior to the
65.1 	preparation of the final draft of the official map.  The
65.2 	accuracy of the future acquisition lines shown on the official
65.3 	map shall be attested to by a licensed land surveyor.  After
65.4 	adoption, a copy of the official map, or sections thereof with a
65.5 	copy of the adopting ordinance attached shall be filed recorded 
65.6 	with the county recorder as provided in sections 462.351 to
65.7 	462.364.

65.8 	Sec. 110. Minnesota Statutes 2004, section 462.3595,
65.9 	subdivision 4, is amended to read:
65.10 		Subd. 4.filing recording of permit.  A certified copy of
65.11 	any conditional use permit shall be filed recorded with the
65.12 	county recorder or registrar of titles of the county or counties
65.13 	in which the municipality is located for record.  The
65.14 	conditional use permit shall include the legal description of
65.15 	the property included.

65.16 	Sec. 111. Minnesota Statutes 2004, section 462.36,
65.17 	subdivision 1, is amended to read:
65.18 		Subdivision 1.Required documents.  A certified copy of
65.19 	every ordinance, resolution, map, or regulation adopted under
65.20 	the provisions of sections 462.358, 462.359, and 462.3595 shall
65.21 	be filed with the county recorder of the county or counties in
65.22 	which the municipality adopting it is located.  A certified copy
65.23 	of every variance to abstract or registered property granted
65.24 	under section 462.358 shall be filed recorded with the county
65.25 	recorder or the registrar of titles of the county or counties in
65.26 	which the municipality granting it is located; except that the
65.27 	requirement to file record a variance is satisfied if a
65.28 	certified copy of the resolution citing the existence of the
65.29 	variance is filed recorded identifying the location where the
65.30 	variance documents are available for inspection.  Ordinances,
65.31 	resolutions, maps, regulations or variances filed recorded 
65.32 	pursuant to this subdivision do not constitute encumbrances on
65.33 	real property.  The order issued by the governing body or board
65.34 	of appeals and adjustments as the case may be, shall include the
65.35 	legal description of the property involved.  Failure to file 
65.36 	record an ordinance, resolution, map, regulation, variance, or
66.1 	order shall not affect its validity or enforceability.

66.2 	Sec. 112. Minnesota Statutes 2004, section 462A.31,
66.3 	subdivision 7, is amended to read:
66.4 		Subd. 7.Recording of ground lease.  Any ground lease
66.5 	held by a neighborhood land trust shall include the legal
66.6 	description of the real property subject to the ground lease and
66.7 	shall be recorded with the county recorder or filed with the
66.8 	registrar of titles in the county in which the real property
66.9 	subject to the ground lease is located.

66.10 	Sec. 113. Minnesota Statutes 2004, section 463.15,
66.11 	subdivision 4, is amended to read:
66.12 		Subd. 4.Owner, owner of record, and lien holder of
66.13 	record.  "Owner," "owner of record," and "lien holder of record"
66.14 	means a person having a right or interest in property described
66.15 	in subdivision 3 and evidence of which is filed and recorded in
66.16 	the office of the county recorder or registrar of titles in the
66.17 	county in which the property is situated.

66.18 	Sec. 114. Minnesota Statutes 2004, section 465.19, is
66.19 	amended to read:
66.20 	465.19 CITY TO OWN OLD CHANNEL IF IT PAYS FOR U.S. CHANNEL
66.21 	CHANGE.
66.22 	When any portion of the channel of any river navigable for
66.23 	commercial purposes within the limits of any city in this state
66.24 	is changed by or under the authority of the United States
66.25 	government or any other authority for the improvement of
66.26 	navigation and the cost of such change or any portion thereof is
66.27 	borne by the city within which change is made the old bed of the
66.28 	river or portion thereof abandoned by reason of any such change,
66.29 	shall belong to and become the property in fee simple of the
66.30 	city in which the same is situate without further act or
66.31 	ceremony.  The filing and recording,in the office of the county
66.32 	recorder of the county in which such city is located, of a copy
66.33 	of this bill section together with the filing of a plat or map
66.34 	certified by the secretary of defense of the United States or
66.35 	the United States government engineer in charge of the changes
66.36 	of the channel hereinbefore referred to, showing the respective
67.1 	locations of the water line of the old or original bed of the
67.2 	river and such changed location, shall constitute sufficient
67.3 	evidence of title of such city to the old river bed and lands
67.4 	hereinbefore referred to.  Upon the request of any such city the
67.5 	governor and the commissioner of finance shall also execute and
67.6 	deliver to such city a deed of conveyance transferring all of
67.7 	the right, title, and interest of the state of Minnesota in and
67.8 	to such old river bed and lands within the limits of such city,
67.9 	and the lands so reclaimed or acquired may be held, used, or
67.10 	disposed of by such city as the common council shall determine
67.11 	to be for the best interests of such city.

67.12 	Sec. 115. Minnesota Statutes 2004, section 471.928, is
67.13 	amended to read:
67.14 	471.928 RECORDING.
67.15 	Any ordinance adopted pursuant to sections 471.924 to
67.16 	471.929 must be filed recorded with the county recorder.  The
67.17 	county auditor shall file a certified copy of the ordinance for
67.18 	record.

67.19 	Sec. 116. Minnesota Statutes 2004, section 485.01, is
67.20 	amended to read:
67.21 	485.01 APPOINTMENT; BOND; DUTIES.
67.22 	A clerk of the district court for each county within the
67.23 	judicial district, who shall be known as the court
67.24 	administrator, shall be appointed by a majority of the district
67.25 	court judges in the district.  The clerk, before entering upon
67.26 	the duties of office, shall give bond to the state, to be
67.27 	approved by the chief judge of the judicial district,
67.28 	conditioned for the faithful discharge of official duties.  The
67.29 	bond, with an oath of office, shall be filed for record recorded 
67.30 	with the county recorder.  The clerk shall perform all duties
67.31 	assigned by law and by the rules of the court.  The clerk and
67.32 	all deputy clerks must not practice as attorneys in the court in
67.33 	which they are employed.
67.34 	The duties, functions, and responsibilities which have been
67.35 	and may be required by law or rule to be performed by the clerk
67.36 	of district court shall be performed by the court administrator.

68.1 	Sec. 117. Minnesota Statutes 2004, section 485.03, is
68.2 	amended to read:
68.3 	485.03 DEPUTIES.
68.4 	(a) The county board shall determine the number of
68.5 	permanent full time deputies, clerks and other employees in the
68.6 	office of the court administrator of district court and shall
68.7 	fix the compensation for each position.  The county board shall
68.8 	also budget for temporary deputies and other employees and shall
68.9 	fix their rates of compensation.  This paragraph does not apply
68.10 	to a county in a judicial district under section 480.181,
68.11 	subdivision 1, paragraph (b).
68.12 	(b) The court administrator shall appoint in writing the
68.13 	deputies and other employees, for whose acts the court
68.14 	administrator shall be responsible, and whom the court
68.15 	administrator may remove at pleasure.  Before each enters upon
68.16 	official duties, the appointment and oath of each shall be filed 
68.17 	recorded with the county recorder.

68.18 	Sec. 118. Minnesota Statutes 2004, section 485.05, is
68.19 	amended to read:
68.20 	485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.
68.21 	In all counties in the state now or hereafter having a
68.22 	population of more than 150,000 and wherein regular terms of the
68.23 	district court are held in three or more places, the court
68.24 	administrator of the district court therein, by an instrument in
68.25 	writing, under the court administrator's hand and seal, and with
68.26 	the approval of the district judge of the judicial district in
68.27 	which said county is situated, or, if there be more than one
68.28 	such district judge, with the approval of a majority thereof,
68.29 	may appoint deputies for whose acts the court administrator
68.30 	shall be responsible, such deputies to hold office as such until
68.31 	they shall be removed therefrom, which removal shall not be made
68.32 	except with the approval of the district judge or judges.  The
68.33 	appointment and oath of every such deputy shall be filed 
68.34 	recorded with the county recorder.

68.35 	Sec. 119. Minnesota Statutes 2004, section 489.03, is
68.36 	amended to read:
69.1 	489.03 OATH.
69.2 	Before entering upon duties, each court commissioner shall
69.3 	file deliver an oath of office, for record with to the county
69.4 	recorder who shall record it.

69.5 	Sec. 120. Minnesota Statutes 2004, section 507.24,
69.6 	subdivision 1, is amended to read:
69.7 		Subdivision 1.General.  To entitle any conveyance, power
69.8 	of attorney, or other instrument affecting real estate to record 
69.9 	be recorded, it shall be legible and archivable,it shall be
69.10 	executed, acknowledged by the parties executing the same, and
69.11 	the acknowledgment certified, as required by law.  All such
69.12 	instruments may be recorded in every county where any of the
69.13 	lands lie.  If the conveyance, power of attorney, or other
69.14 	instrument affecting real estate is executed out of state, it
69.15 	shall be entitled to record if executed as above provided or
69.16 	according to the laws of the place of execution so as to be
69.17 	entitled to record in such place.

69.18 	Sec. 121. Minnesota Statutes 2004, section 508.35, is
69.19 	amended to read:
69.20 	508.35 FORM OF CERTIFICATE.
69.21 	The certificate of title shall contain the name and
69.22 	residence of the owner, a description of the land, and of the
69.23 	estate of the owner therein, and shall by memorial contain a
69.24 	description of all encumbrances, liens, and interests in which
69.25 	the estate of the owner is subject.  In case the land is held in
69.26 	trust or subject to any condition or limitation, it shall state
69.27 	the nature and character of it.  It shall be substantially in
69.28 	the following form:
69.29 	CERTIFICATE OF TITLE
69.30 	First certificate of title, pursuant to the order of the
69.31 	district court, ............... judicial district, county of
69.32 	................., and state of Minnesota, date................,
69.33 	.......
69.34 	REGISTRATION
69.35 	State of Minnesota               )
69.36 	                                   )  ss.
70.1 	  County of ....................   )
70.2 	This is to certify that ..............., whose address is
70.3 	..............., in the .................... of
70.4 	...................., and state of ...................., is now
70.5 	the owner of an estate, ......................... of and in the
70.6 	following described land situated in the county of
70.7 	............... and state of Minnesota, .........................
70.8 	Subject to the encumbrances, liens, and interest noted by
70.9 	the memorial underwritten or endorsed hereon; and subject to the
70.10 	following rights or encumbrances subsisting, as provided in Laws
70.11 	1905, chapter 305, section 24, namely:
70.12 	(1) Liens, claims, or rights arising under the laws or the
70.13 	Constitution of the United States, which the statutes of this
70.14 	state cannot require to appear of record;
70.15 	(2) Any real property tax or special assessment;
70.16 	(3) Any lease for a period not exceeding three years, when
70.17 	there is actual occupation of the premises under the lease;
70.18 	(4) All rights in public highways upon the land;
70.19 	(5) Such right of appeal or right to appear and contest the
70.20 	application as is allowed by law;
70.21 	(6) The rights of any person in possession under deed or
70.22 	contract for deed from the owner of the certificate of title;
70.23 	(7) Any outstanding mechanics lien rights which may exist
70.24 	under sections 514.01 to 514.17.
70.25 	In witness whereof, I have hereunto subscribed my name and
70.26 	affixed the seal of my office, this ............... day of
70.27 	..........., ..........
70.28 	.............................................
70.29 	Registrar of Titles, in and for the county of
70.30 	..................... and State of Minnesota.
70.31 	All certificates issued subsequent to the first certificate
70.32 	of title shall be in like form except that they shall be
70.33 	entitled "Transfer from number (here give the number of the next
70.34 	previous certificate relating to the same land)," and shall also
70.35 	contain the words "Originally registered (date, volume, and page
70.36 	or certificate of title number of registration)."

71.1 	Sec. 122. Minnesota Statutes 2004, section 508.37, is
71.2 	amended to read:
71.3 	508.37 TRACT INDEXES, RECEPTION BOOKS INDEXES.
71.4 		Subd. 1a.books indexes. The registrar shall likewise
71.5 	keep tract indexes, in which the registrar shall enter an
71.6 	accurate description of all registered land, together with the
71.7 	names of the respective owners thereof, and a reference to the
71.8 	number of the certificate of title.  The registrar shall keep
71.9 	two books indexes, to be known as the grantors' and grantees'
71.10 	reception books indexes respectively.
71.11 	The grantors' reception book shall be a grantors' index of
71.12 	instruments filed with the registrar.  Each page shall be
71.13 	divided into columns.  The surname and given name of the grantor
71.14 	shall be entered under the first column and under the succeeding
71.15 	columns there shall be entered respectively the name of the
71.16 	grantee; the date of registration, specifying the month, day,
71.17 	year and hour and whether ante meridian or post meridian; the
71.18 	number of the instrument; the book and page of the register of
71.19 	titles where the land is registered; the type of instrument; and
71.20 	a description of the property by lot or section, block or
71.21 	township, range, addition and other pertinent information.
71.22 	The grantees' reception book shall be a grantees' index of
71.23 	instruments filed with the registrar.  Each page shall be
71.24 	divided into columns.  The surname and given name of the grantee
71.25 	shall be entered under the first column and under the succeeding
71.26 	columns there shall be entered respectively the name of the
71.27 	grantor; the date of registration, specifying the month, day,
71.28 	year and hour and whether ante meridian or post meridian; the
71.29 	number of the instrument; the book and page of the register of
71.30 	titles where the land is registered; the type of instrument; and
71.31 	a description of the property by lot or section, block or
71.32 	township, range, addition and other pertinent information.
71.33 	The reception indexes shall include the surname and given
71.34 	name of the grantor and grantee; the date of registration,
71.35 	specifying the month, day, year, and hour and whether a.m. or
71.36 	p.m.; the number of the instrument; the number of the
72.1 	certificate or, where applicable, the book and page, where the
72.2 	land is registered.
72.3 		Subd. 2.Entries. The registrar shall enter in each of
72.4 	these books indexes in the order and manner aforesaid, and as
72.5 	soon as the same are received recorded, all instruments
72.6 	affecting the title to land which are filed recorded with the
72.7 	registrar and, as far as may be the particulars of the
72.8 	instruments in the appropriate column of these books places in
72.9 	the indexes. The pages of each of the reception books shall be
72.10 	lettered in alphabetical order, a convenient number of
72.11 	consecutive pages being allotted to each letter of the alphabet,
72.12 	and each entry shall be made in the grantors' reception book
72.13 	under the initial letter of the grantor's surname, and in the
72.14 	grantees' reception book, under the initial letter of the
72.15 	grantee's surname, and all the entries under each letter shall
72.16 	appear in the order as to time in which the instruments were
72.17 	filed.Retrieval of information from these indexes must be by
72.18 	as convenient an alphabetical search as possible.

72.19 	Sec. 123. Minnesota Statutes 2004, section 508.38, is
72.20 	amended to read:
72.21 	508.38 FORMS OF RECORDS ADOPTED.
72.22 	Instruments affecting the title to land, filed with the
72.23 	registrar, shall be numbered by the registrar consecutively, to
72.24 	the extent practicable and the registrar shall endorse upon each
72.25 	instrument over the registrar's official signature name, OFFICE
72.26 	OF THE REGISTRAR OF TITLES, ... COUNTY, MINNESOTA, CERTIFIED
72.27 	FILED ON, together with the date, hour, and minute when the
72.28 	instrument is filed, the document number thereof, and a
72.29 	reference to the proper certificate of title.  Instruments shall
72.30 	be copied or reproduced as provided by section 15.17, as amended.
72.31 	Instruments shall then be returned in person or by mail to the
72.32 	party who presented the instruments for filing or to any other
72.33 	party to whom the registrar is directed to deliver the
72.34 	instruments.  When the memorial of any instrument is made upon
72.35 	any certificate, the date, number, and time of filing thereof
72.36 	shall also be endorsed upon the certificate.  All records and
73.1 	papers relating to registered land in the office of the
73.2 	registrar, shall be open to the inspection of the public at such
73.3 	times and under such conditions as the court may prescribe.
73.4 	Duplicates of all instruments, voluntary or involuntary, filed
73.5 	and registered with the registrar, may be presented with the
73.6 	originals, and shall thereupon be endorsed with the file number,
73.7 	and other memoranda on the originals, and may be attested and
73.8 	sealed by the registrar, and returned to the person presenting
73.9 	the same.  The registrar shall furnish certified copies of the
73.10 	instruments filed and registered in the registrar's office, upon
73.11 	payment of a fee as provided in section 357.18 508.82.

73.12 	Sec. 124. Minnesota Statutes 2004, section 519.091,
73.13 	subdivision 2, is amended to read:
73.14 		Subd. 2.Exceptions.  Subdivision 1 does not apply if:
73.15 	(1) the marital property interest is determined under a
73.16 	decree of dissolution, legal separation, or annulment; or
73.17 	(2) an action claiming the marital property interest is
73.18 	begun before July 1, 1990, and a notice is filed for record 
73.19 	recorded within that period in the office of the county recorder
73.20 	or registrar of titles in the county where the property is
73.21 	located.

73.22 	Sec. 125. Minnesota Statutes 2004, section 541.023,
73.23 	subdivision 2, is amended to read:
73.24 		Subd. 2.Application.  (a) This section shall apply to
73.25 	every right, claim, interest, incumbrance, or lien founded by
73.26 	any instrument, event, or transaction that is at least 40 years
73.27 	old.
73.28 	(b) This section applies to repurchase options or other
73.29 	rights of repurchase that encumber an interest in land based
73.30 	upon an instrument other than a deed of conveyance granted by a
73.31 	governmental body, agency, or subdivision, unless within 40
73.32 	years of the recording or filing of the instrument a notice is
73.33 	recorded or filed under subdivision 1.  This paragraph does not
73.34 	revive repurchase options or rights of repurchase barred by
73.35 	subdivision 1.
73.36 	(c) This section does not apply to actions to enforce
74.1 	rights, claims, interests, encumbrances, or liens arising out of
74.2 	private covenants, conditions, or restrictions to which section
74.3 	500.20, subdivision 2a, or successor statutes do not apply.

74.4 	Sec. 126. Minnesota Statutes 2004, section 541.023,
74.5 	subdivision 2a, is amended to read:
74.6 		Subd. 2a.Registered property not affected.  (a) Except
74.7 	as provided in paragraph (b), this section does not apply to
74.8 	real property while it remains registered according to chapter
74.9 	508 or 508A.
74.10 	(b) This subdivision does not affect an action or
74.11 	proceeding involving the validity of a claim of title based upon
74.12 	a source of title which has been of record at least 40 years if:
74.13 	(i) the action or proceeding is pending on August 1, 2001,
74.14 	or is commenced before February 1, 2002; and
74.15 	(ii) a notice of the pendency of the action or proceeding
74.16 	is recorded or filed before February 1, 2002, in the office of
74.17 	the registrar of titles of the county in which the real property
74.18 	affected by the action or proceeding is located.

74.19 	Sec. 127. Minnesota Statutes 2004, section 541.023,
74.20 	subdivision 4, is amended to read:
74.21 		Subd. 4.Notices, filing or recording; fee.  County
74.22 	recorders are hereby directed to accept for recording or filing 
74.23 	notices conforming with the provisions hereof, and to charge
74.24 	therefor fees corresponding with the fees charged for filing 
74.25 	recording notices of lis pendens of similar length.  Such
74.26 	notices may be discharged in the same manner as notices of lis
74.27 	pendens, and, when so discharged, shall, together with all
74.28 	information included therein, cease to constitute either actual
74.29 	or constructive notice.

74.30 	Sec. 128. Minnesota Statutes 2004, section 541.023,
74.31 	subdivision 6, is amended to read:
74.32 		Subd. 6.Limitations; certain titles not affected.  This
74.33 	section shall not affect any rights of the federal government;
74.34 	nor increase the effect as notice, actual or constructive, of
74.35 	any instrument now of record; nor bar the rights of any person,
74.36 	partnership or corporation in possession of real estate.  This
75.1 	section shall not impair the record title or record interest, or
75.2 	title obtained by or through any congressional or legislative
75.3 	grant, of any railroad corporation or other public service
75.4 	corporation or any trustee or receiver thereof or of any
75.5 	educational or religious corporation in any real estate by
75.6 	reason of any failure to file or record further evidence of such
75.7 	title or interest even though the record thereof is now or
75.8 	hereafter more than 40 years old; nor shall this section require
75.9 	the filing recording of any notice as provided for in this act
75.10 	as to any undischarged mortgage or deed of trust executed by any
75.11 	such corporation or any trustee or receiver thereof or to any
75.12 	claim or action founded upon any such undischarged mortgage or
75.13 	deed of trust.  The exceptions of this subdivision shall not
75.14 	include (a) reservations or exceptions of land for right-of-way
75.15 	or other railroad purposes contained in deeds of conveyance made
75.16 	by a railroad company or by trustees or receivers thereof,
75.17 	unless said reserved or excepted land shall have been put to
75.18 	railroad use within 40 years after the date of said deeds of
75.19 	conveyance, (b) nor any rights under any conditions subsequent
75.20 	or restrictions contained in any such deeds of conveyance.

75.21 	Sec. 129. Minnesota Statutes 2004, section 548.09,
75.22 	subdivision 1, is amended to read:
75.23 		Subdivision 1.Entry and docketing; survival of
75.24 	judgment.  Except as provided in section 548.091, every judgment
75.25 	requiring the payment of money shall be entered by the court
75.26 	administrator when ordered by the court and will be docketed by
75.27 	the court administrator upon the filing of an affidavit as
75.28 	provided in subdivision 2.  Upon a transcript of the docket
75.29 	being filed with the court administrator in any other county,
75.30 	the court administrator shall also docket it.  From the time of
75.31 	docketing the judgment is a lien, in the amount unpaid, upon all
75.32 	real property in the county then or thereafter owned by the
75.33 	judgment debtor, but it is not a lien upon registered land
75.34 	unless it is also filed recorded pursuant to sections 508.63 and
75.35 	508A.63.  The judgment survives, and the lien continues, for ten
75.36 	years after its entry.  Child support judgments may be renewed
76.1 	pursuant to section 548.091.

76.2 	Sec. 130. Minnesota Statutes 2004, section 548.25, is
76.3 	amended to read:
76.4 	548.25 VACATING REAL ESTATE JUDGMENT; WITHIN WHAT TIME.
76.5 	No judgment or decree quieting title to land or determining
76.6 	the title thereto or adverse claims therein heretofore entered
76.7 	or hereafter to be entered shall be adjudged invalid or set
76.8 	aside, unless the action or proceeding to vacate or set aside
76.9 	such judgment or decree shall be commenced, or application for
76.10 	leave to defend be made, within five years from the time of
76.11 	filing recording a certified copy of such judgment or decree in
76.12 	the office of the county recorder of the county in which the
76.13 	lands affected by such judgment or decree are situated.

76.14 	Sec. 131. Minnesota Statutes 2004, section 550.31, is
76.15 	amended to read:
76.16 	550.31 CREDITOR TO FILE RECORD ORDER WITH COUNTY
76.17 	RECORDER.
76.18 	For the purpose of such redemption a creditor whose claim
76.19 	against the estate of a decedent shall have been so allowed
76.20 	shall file for record in the office of the county recorder of
76.21 	the county in which the real estate sought to be redeemed is
76.22 	situated, within the year of redemption, a certified copy of the
76.23 	order of the court allowing such claim, and thereupon such claim
76.24 	shall constitute a lien upon the unexempt real estate of the
76.25 	decedent sold upon foreclosure or execution. The creditor shall
76.26 	also within such time file a notice in the office of such county
76.27 	recorder briefly describing the sale of the decedent's lands, a
76.28 	description of the lands sold, and stating, in a general way,
76.29 	the nature, date and amount of the claim of the creditor, and
76.30 	that the creditor intends to redeem such lands from the sale
76.31 	thereof described in such notice.  In the case of redemption
76.32 	from execution sales such notice shall also be filed in the
76.33 	office of the court administrator of the district court in which
76.34 	such lands are situated.

76.35 	Sec. 132. Minnesota Statutes 2004, section 550.32, is
76.36 	amended to read:
77.1 	550.32  FILING RECORDING TO DETERMINE PRIORITY.
77.2 	In the event more than one such proved and allowed claim
77.3 	shall be so filed and recorded for the purposes of such
77.4 	redemption, then, as between the owners of such claims, their
77.5 	right to redeem shall be in the order in which such claims were
77.6 	originally filed recorded, succession commencing with the oldest
77.7 	in point of time; that as to the creditors of the decedent
77.8 	having a lien or liens, either legal or equitable, upon the
77.9 	lands of a decedent and existing otherwise than by allowance in
77.10 	probate, the creditors of the decedent whose claims have been
77.11 	allowed in probate shall be subsequent or junior thereto.

77.12 	Sec. 133. Minnesota Statutes 2004, section 559.17,
77.13 	subdivision 2, is amended to read:
77.14 		Subd. 2.Assignment; conditions.  A mortgagor may assign,
77.15 	as additional security for the debt secured by the mortgage, the
77.16 	rents and profits from the mortgaged real property, if the
77.17 	mortgage:
77.18 	(1) was executed, modified or amended subsequent to August
77.19 	1, 1977;
77.20 	(2) secured an original principal amount of $100,000 or
77.21 	more or is a lien upon residential real estate containing more
77.22 	than four dwelling units; and
77.23 	(3) is not a lien upon property which was:
77.24 	(i) entirely homesteaded as agricultural property; or
77.25 	(ii) residential real estate containing four or fewer
77.26 	dwelling units where at least one of the units is homesteaded.
77.27 	The assignment may be enforced, but only against the
77.28 	nonhomestead portion of the mortgaged property, as follows:
77.29 	(a) if, by the terms of an assignment, a receiver is to be
77.30 	appointed upon the occurrence of some specified event, and a
77.31 	showing is made that the event has occurred, the court shall,
77.32 	without regard to waste, adequacy of the security, or solvency
77.33 	of the mortgagor, appoint a receiver who shall, with respect to
77.34 	the excess cash remaining after application as provided in
77.35 	section 576.01, subdivision 2, apply it as prescribed by the
77.36 	assignment.  If the assignment so provides, the receiver shall
78.1 	apply the excess cash in the manner set out herein from the date
78.2 	of appointment through the entire redemption period from any
78.3 	foreclosure sale.  Subject to the terms of the assignment, the
78.4 	receiver shall have the powers and duties as set forth in
78.5 	section 576.01, subdivision 2; or
78.6 	(b) if no provision is made for the appointment of a
78.7 	receiver in the assignment or if by the terms of the assignment
78.8 	a receiver may be appointed, the assignment shall be binding
78.9 	upon the assignor unless or until a receiver is appointed
78.10 	without regard to waste, adequacy of the security or solvency of
78.11 	the mortgagor, but only in the event of default in the terms and
78.12 	conditions of the mortgage, and only in the event the assignment
78.13 	requires the holder thereof to first apply the rents and profits
78.14 	received as provided in section 576.01, subdivision 2, in which
78.15 	case the same shall operate against and be binding upon the
78.16 	occupiers of the premises from the date of filing recording by
78.17 	the holder of the assignment in the office of the county
78.18 	recorder or the office of the registrar of titles for the county
78.19 	in which the property is located of a notice of default in the
78.20 	terms and conditions of the mortgage and service of a copy of
78.21 	the notice upon the occupiers of the premises.  The holder of
78.22 	the assignment shall apply the rents and profits received in
78.23 	accordance with the terms of the assignment, and, if the
78.24 	assignment so provides, for the entire redemption period from
78.25 	any foreclosure sale.  A holder of an assignment who enforces it
78.26 	in accordance with this clause shall not be deemed to be a
78.27 	mortgagee in possession with attendant liability.
78.28 	Nothing contained herein shall prohibit the right to
78.29 	reinstate the mortgage debt granted pursuant to section 580.30,
78.30 	nor the right to redeem granted pursuant to sections 580.23 and
78.31 	581.10, and any excess cash, as that term is used herein,
78.32 	collected by the receiver under clause (a), or any rents and
78.33 	profits taken by the holder of the assignment under clause (b),
78.34 	shall be credited to the amount required to be paid to effect a
78.35 	reinstatement or redemption.

78.36 	Sec. 134. Minnesota Statutes 2004, section 559.17,
79.1 	subdivision 3, is amended to read:
79.2 		Subd. 3.Expiration, satisfaction, release, and
79.3 	assignment.  (a) An assignment of rents and profits under this
79.4 	section, whether in the mortgage or in a separate instrument,
79.5 	shall expire:
79.6 	(1) with respect to the rents and profits from all of the
79.7 	mortgaged property, when an action or proceeding to foreclose
79.8 	the mortgage is barred by section 541.03, or upon recording in
79.9 	the office of the county recorder or filing in the office of the
79.10 	registrar of titles of the county where the mortgaged property
79.11 	is located, of a satisfaction of the mortgage or a certificate
79.12 	of release complying with section 507.401 in lieu of a
79.13 	satisfaction of the mortgage; or
79.14 	(2) with respect to the rents and profits from a portion of
79.15 	the mortgaged property, upon recording in the office of the
79.16 	county recorder or filing in the office of the registrar of
79.17 	titles of the county where that portion of the mortgaged
79.18 	property is located, of a release of that portion of the
79.19 	mortgaged property from the lien of the mortgage, or a
79.20 	certificate of release complying with section 507.401 in lieu of
79.21 	a release of that portion of the mortgaged property.
79.22 	No separate reassignment of the rents and profits or
79.23 	satisfaction or release of the assignment is required.
79.24 	(b) An assignment of a mortgage, whether or not the
79.25 	mortgage mentions an assignment of rents and profits, is
79.26 	sufficient to assign both the mortgage and the assignment of
79.27 	rents and profits permitted by this subdivision which secures
79.28 	the debt secured by the mortgage, and no separate assignment of
79.29 	the assignment of rents and profits shall be required.

79.30 	Sec. 135. Minnesota Statutes 2004, section 559.209,
79.31 	subdivision 2, is amended to read:
79.32 		Subd. 2.Contents.  A mediation notice must contain the
79.33 	following notice with the blanks properly filled in.
79.34 	"TO:  ....(Name of Contract for Deed Purchaser)....
79.35 	YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
79.36 	AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable
80.1 	Location of Property, Not Legal Description)....
80.2 	AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed
80.3 	Vendor).... INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE
80.4 	PROPERTY.
80.5 	YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
80.6 	REVIEWED FOR MEDIATION.  IF YOU REQUEST MEDIATION, A DEBT THAT
80.7 	IS IN DEFAULT WILL BE MEDIATED ONLY ONCE.  IF YOU DO NOT REQUEST
80.8 	MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
80.9 	THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.
80.10 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
80.11 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
80.12 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
80.13 	INFORMATION.  IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
80.14 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION
80.15 	RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS
80.16 	POSSIBLE.  MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR
80.17 	HANDLING FUTURE FINANCIAL RELATIONS.
80.18 	TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
80.19 	YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
80.20 	DAYS AFTER YOU RECEIVE THE NOTICE.  THE MEDIATION REQUEST FORM
80.21 	IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
80.22 	FROM:  ....(Name and Address of Contract for Deed
80.23 	Vendor)...."

80.24 	Sec. 136. Minnesota Statutes 2004, section 559.21,
80.25 	subdivision 4, is amended to read:
80.26 		Subd. 4.Law prevails over contract; procedure;
80.27 	conditions.  (a) The notice required by this section must be
80.28 	given notwithstanding any provisions in the contract to the
80.29 	contrary, except that earnest money contracts, purchase
80.30 	agreements, and exercised options that are subject to this
80.31 	section may, unless by their terms they provide for a longer
80.32 	termination period, be terminated on 30 days' notice, or may be
80.33 	canceled under section 559.217.  The notice must be served
80.34 	within the state in the same manner as a summons in the district
80.35 	court, and outside of the state, in the same manner, and without
80.36 	securing any sheriff's return of not found, making any
81.1 	preliminary affidavit, mailing a copy of the notice or doing any
81.2 	other preliminary act or thing whatsoever.  Service of the
81.3 	notice outside of the state may be proved by the affidavit of
81.4 	the person making the same, made before an authorized officer
81.5 	having a seal, and within the state by such an affidavit or by
81.6 	the return of the sheriff of any county therein.
81.7 	(b) If a person to be served is a resident individual who
81.8 	has departed from the state, or cannot be found in the state; or
81.9 	is a nonresident individual or a foreign corporation,
81.10 	partnership, or association, service may be made by publication
81.11 	as provided in this paragraph.  Three weeks' published notice
81.12 	has the same effect as personal service of the notice.  The
81.13 	published notice must comply with subdivision 3 and state (1)
81.14 	that the person to be served is allowed 90 days after the first
81.15 	date of publication of the notice to comply with the conditions
81.16 	of the contract, and (2) that the contract will terminate 90
81.17 	days after the first date of publication of the notice, unless
81.18 	before the termination date the purchaser complies with the
81.19 	notice.  If the real estate described in the contract is
81.20 	actually occupied, then, in addition to publication, a person in
81.21 	possession must be personally served, in like manner as the
81.22 	service of a summons in a civil action in state district court,
81.23 	within 30 days after the first date of publication of the
81.24 	notice.  If an address of a person to be served is known, then
81.25 	within 30 days after the first date of publication of the notice
81.26 	a copy of the notice must be mailed to the person's last known
81.27 	address by first class mail, postage prepaid.
81.28 	(c) The contract is reinstated if, within the time
81.29 	mentioned, the person served:
81.30 	(1) complies with the conditions in default;
81.31 	(2) if subdivision 1d or 2a applies, makes all payments due
81.32 	and owing to the seller under the contract through the date that
81.33 	payment is made;
81.34 	(3) pays the costs of service as provided in subdivision
81.35 	1b, 1c, 1d, or 2a;
81.36 	(4) if subdivision 2a applies, pays two percent of the
82.1 	amount in default, not including the final balloon payment, any
82.2 	taxes, assessments, mortgages, or prior contracts that are
82.3 	assumed by the purchaser; and
82.4 	(5) pays attorneys' fees as provided in subdivision 1b, 1c,
82.5 	1d, or 2a.
82.6 	(d) The contract is terminated if the provisions of
82.7 	paragraph (c) are not met.
82.8 	(e) In the event that the notice was not signed by an
82.9 	attorney for the seller and the seller is not present in the
82.10 	state, or cannot be found in the state, then compliance with the
82.11 	conditions specified in the notice may be made by paying to the
82.12 	court administrator of the district court in the county wherein
82.13 	the real estate or any part thereof is situated any money due
82.14 	and filing proof of compliance with other defaults specified,
82.15 	and the court administrator of the district court shall be
82.16 	deemed the agent of the seller for such purposes.  A copy of the
82.17 	notice with proof of service thereof, and the affidavit of the
82.18 	seller, the seller's agent or attorney, showing that the
82.19 	purchaser has not complied with the terms of the notice, may be
82.20 	recorded with the county recorder or registrar of titles, and is
82.21 	prima facie evidence of the facts stated in it; but this section
82.22 	in no case applies to contracts for the sale or conveyance of
82.23 	lands situated in another state or in a foreign country.  If the
82.24 	notice is served by publication, the affidavit must state that
82.25 	the affiant believes that the party to be served is not a
82.26 	resident of the state, or cannot be found in the state, and
82.27 	either that the affiant has mailed a copy of the notice by first
82.28 	class mail, postage prepaid, to the party's last known address,
82.29 	or that such address is not known to the affiant.

82.30 	Sec. 137. Minnesota Statutes 2004, section 559.23, is
82.31 	amended to read:
82.32 	559.23 ACTION TO DETERMINE BOUNDARY LINES.
82.33 	An action may be brought by any person owning land or any
82.34 	interest therein against the owner, or persons interested in
82.35 	adjoining land, to have the boundary lines established; and when
82.36 	the boundary lines of two or more tracts depend upon any common
83.1 	point, line, or landmark, an action may be brought by the owner
83.2 	or any person interested in any of such tracts, against the
83.3 	owners or persons interested in the other tracts, to have all
83.4 	the boundary lines established.  The court shall determine any
83.5 	adverse claims in respect to any portion of the land involved
83.6 	which it may be necessary to determine for a complete settlement
83.7 	of the boundary lines, and shall make such order respecting
83.8 	costs and disbursements as it shall deem just.  The decree of
83.9 	the court shall be filed with the court administrator, and a
83.10 	certified copy thereof shall be recorded in the office of the
83.11 	county recorder or filed in the office of registrar of titles or
83.12 	both, if necessary; provided that such decree shall not be
83.13 	accepted for such recording or filing until it shall be
83.14 	presented to the county auditor who shall enter the same in the
83.15 	transfer record and note upon the instrument over the auditor's
83.16 	official signature the words "ENTERED IN THE TRANSFER RECORD."

83.17 	Sec. 138. Minnesota Statutes 2004, section 570.061,
83.18 	subdivision 2, is amended to read:
83.19 		Subd. 2.Execution on real estate.  Real estate shall be
83.20 	attached by the filing recording of the sheriff of a sheriff's 
83.21 	certified copy of the order and of a return of attachment
83.22 	containing a description of the real estate with the county
83.23 	recorder, or with the registrar of titles with respect to
83.24 	registered property, for the county in which the real estate is
83.25 	located, and serving a copy of the order and return upon the
83.26 	respondent in the manner provided for a service of a summons, if
83.27 	the respondent can be found in the county.  If the respondent
83.28 	cannot be found in that county, the order and return shall be
83.29 	mailed by registered mail or certified mail to the respondent's
83.30 	last known address.  The attachment shall be a lien on the
83.31 	interest of the respondent in the real estate from the time
83.32 	of filing the order recording with the recorder or registrar.

83.33 	Sec. 139. Minnesota Statutes 2004, section 570.11, is
83.34 	amended to read:
83.35 	570.11 SATISFACTION AND DISCHARGE; REAL ESTATE.
83.36 	An attachment of real estate may be released by filing for
84.1 	record recording with the county recorder or the registrar of
84.2 	titles for registered property:
84.3 	(1) a certified copy of an order of the court vacating the
84.4 	attachment, or of a final judgment in the respondent's favor, or
84.5 	a satisfaction of judgment in the claimant's favor, rendered in
84.6 	the civil action;
84.7 	(2) a certificate of satisfaction or discharge of the
84.8 	attachment, executed and acknowledged by the claimant or the
84.9 	claimant's attorney, as required for the satisfaction of a
84.10 	mortgage; or
84.11 	(3) a deed of release of the attached premises, or of any
84.12 	part or interest therein, in which case the parts or interests
84.13 	not described in the deed shall remain subject to the attachment
84.14 	lien.

84.15 	Sec. 140. Minnesota Statutes 2004, section 570.14, is
84.16 	amended to read:
84.17 	570.14 ATTACHMENTS AND RELEASES; RECORD AND INDEX.
84.18 	All copies of orders of attachment filed for record with
84.19 	the county recorder prescribed for recording, and all
84.20 	satisfactions or releases of attachments of real estate
84.21 	thereunder, shall be recorded by the county recorder in the
84.22 	books provided for the record current method of recording 
84.23 	mortgages, and shall be indexed as if the respondent in the
84.24 	attachment were a mortgagor and the claimant a mortgagee.

84.25 	Sec. 141. Minnesota Statutes 2004, section 576.01,
84.26 	subdivision 2, is amended to read:
84.27 		Subd. 2.Mortgage appointments.  A receiver shall be
84.28 	appointed in the following case:
84.29 	After the first publication of notice of sale for the
84.30 	foreclosure of a mortgage pursuant to chapter 580, or with the
84.31 	commencement of an action to foreclose a mortgage pursuant to
84.32 	chapter 581, and during the period of redemption, if the
84.33 	mortgage being foreclosed secured an original principal amount
84.34 	of $100,000 or more or is a lien upon residential real estate
84.35 	containing more than four dwelling units and was not a lien upon
84.36 	property which was entirely homesteaded, residential real estate
85.1 	containing four or less dwelling units where at least one unit
85.2 	is homesteaded, or agricultural property, the foreclosing
85.3 	mortgagee or the purchaser at foreclosure sale may at any time
85.4 	bring an action in the district court of the county in which the
85.5 	mortgaged premises or any part thereof is located for the
85.6 	appointment of a receiver; provided, however, if the foreclosure
85.7 	is by action under chapter 581, a separate action need not be
85.8 	filed.  Pending trial of the action on the merits, the court may
85.9 	make a temporary appointment of a receiver following the
85.10 	procedures applicable to temporary injunctions under the Rules
85.11 	of Civil Procedure.  If the motion for temporary appointment of
85.12 	a receiver is denied, the trial of the action on the merits
85.13 	shall be held as early as practicable, but not to exceed 30 days
85.14 	after the motion for temporary appointment of a receiver is
85.15 	heard.  The court shall appoint a receiver upon a showing that
85.16 	the mortgagor has breached a covenant contained in the mortgage
85.17 	relating to any of the following:
85.18 	(1) application of tenant security deposits as required by
85.19 	section 504B.178;
85.20 	(2) payment when due of prior or current real estate taxes
85.21 	or special assessments with respect to the mortgaged premises,
85.22 	or the periodic escrow for the payment of the taxes or special
85.23 	assessments;
85.24 	(3) payment when due of premiums for insurance of the type
85.25 	required by the mortgage, or the periodic escrow for the payment
85.26 	of the premiums;
85.27 	(4) keeping of the covenants required of a landlord or
85.28 	licensor pursuant to section 504B.161, subdivision 1.
85.29 	The receiver shall be an experienced property manager.  The
85.30 	court shall determine the amount of the bond to be posted by the
85.31 	receiver.
85.32 	The receiver shall collect the rents, profits and all other
85.33 	income of any kind, manage the mortgaged premises so to prevent
85.34 	waste, execute leases within or beyond the period of the
85.35 	receivership if approved by the court, pay the expenses listed
85.36 	in clauses (1), (2), and (3) in the priority as numbered, pay
86.1 	all expenses for normal maintenance of the mortgaged premises
86.2 	and perform the terms of any assignment of rents which complies
86.3 	with section 559.17, subdivision 2.  Reasonable fees to the
86.4 	receiver shall be paid prior thereto.  The receiver shall file
86.5 	periodic accountings as the court determines are necessary and a
86.6 	final accounting at the time of discharge.
86.7 	The purchaser at foreclosure sale shall have the right, at
86.8 	any time and without limitation as provided in section 582.03,
86.9 	to advance money to the receiver to pay any or all of the
86.10 	expenses which the receiver should otherwise pay if cash were
86.11 	available from the mortgaged premises.  Sums so advanced, with
86.12 	interest, shall be a part of the sum required to be paid to
86.13 	redeem from the sale.  The sums shall be proved by the affidavit
86.14 	of the purchaser, an agent or attorney, stating the expenses and
86.15 	describing the mortgaged premises.  The affidavit must be filed
86.16 	for record recorded with the county recorder or the registrar of
86.17 	titles, and a copy thereof shall be furnished to the sheriff and
86.18 	the receiver at least ten days before the expiration of the
86.19 	period of redemption.
86.20 	Any sums collected which remain in the possession of the
86.21 	receiver at termination of the receivership shall, in the event
86.22 	the termination of the receivership is due to the reinstatement
86.23 	of the mortgage debt or redemption of the mortgaged premises by
86.24 	the mortgagor, be paid to the mortgagor; and in the event
86.25 	termination of the receivership occurs at the end of the period
86.26 	of redemption without redemption by the mortgagor or any other
86.27 	party entitled to redeem, interest accrued upon the sale price
86.28 	pursuant to section 580.23 or section 581.10 shall be paid to
86.29 	the purchaser at foreclosure sale.  Any net sum remaining shall
86.30 	be paid to the mortgagor, except if the receiver was enforcing
86.31 	an assignment of rents which complies with section 559.17,
86.32 	subdivision 2, in which case any net sum remaining shall be paid
86.33 	pursuant to the terms of the assignment.
86.34 	This subdivision shall apply to all mortgages executed on
86.35 	or after August 1, 1977, and to amendments or modifications of
86.36 	such mortgages, and to amendments or modifications made on or
87.1 	after August 1, 1977, to mortgages executed before August 1,
87.2 	1977, if the amendment or modification is duly recorded and is
87.3 	for the principal purpose of curing a default.

87.4 	Sec. 142. Minnesota Statutes 2004, section 577.02, is
87.5 	amended to read:
87.6 	577.02 REAL ESTATE ASSIGNMENT MUST BE RECORDED.
87.7 	If land, or any interest therein, be embraced in the
87.8 	assignment, a copy thereof, certified by such court
87.9 	administrator, shall be filed for record recorded with the
87.10 	county recorder of the county wherein the land lies; and every
87.11 	such assignment not so filed recorded shall be void as against
87.12 	any subsequent purchaser in good faith and for a valuable
87.13 	consideration of the same land, or any interest therein, whose
87.14 	conveyance is first duly recorded, and as against any attachment
87.15 	levied thereon or judgment lawfully obtained against the person
87.16 	in whose name the title to such land appears of record prior to
87.17 	the filing for record recording of such certified copy.

87.18 	Sec. 143. Minnesota Statutes 2004, section 577.10, is
87.19 	amended to read:
87.20 	577.10 POWERS OF COURT; REMOVAL AND DISCHARGE.
87.21 	The district court shall have supervision of all
87.22 	proceedings under this chapter.  On petition of a creditor, the
87.23 	court, in its discretion, may, from time to time, require the
87.24 	assignee to render an account, and to file a report of the
87.25 	assignee's proceedings and of the condition of the trust estate,
87.26 	and may order distribution thereof.  For cause shown, it may, in
87.27 	its discretion, remove the assignee, and appoint another
87.28 	instead, who shall give bond as the court may direct; and the
87.29 	order of removal and appointment shall, in terms, transfer all
87.30 	the trust estate to the new assignee, and may be filed for
87.31 	record recorded with the county recorder of any county wherein
87.32 	any land affected by the assignment is situated.  Upon removal
87.33 	of an assignee, the court may require the removed assignee to
87.34 	deliver to the new assignee all property, books of account, and
87.35 	vouchers belonging to the trust estate, to execute all necessary
87.36 	transfers, and to render an account and report of all matters
88.1 	connected therewith.  When the assignee has complied with all
88.2 	the orders of the court, and when any assignee has completed the
88.3 	trust, the assignee may apply to the court for discharge, first
88.4 	giving three weeks' published notice of such application; the
88.5 	last publication to be not more than three weeks prior to the
88.6 	hearing thereon.  If upon the hearing the court is satisfied
88.7 	that the assignee is entitled to such discharge, it shall so
88.8 	order; but, if in its opinion anything remains to be done by the
88.9 	assignee, it shall require the performance thereof before making
88.10 	such order.  A discharge shall not be refused because of any
88.11 	failure of the assignee to comply with the forms of law, if no
88.12 	damage has thereby resulted to any person.  The order shall have
88.13 	the effect of discharging the assignee and the assignee's
88.14 	sureties from all further responsibilities in respect to the
88.15 	trust. When the trust estate is taken out of the hands of the
88.16 	assignee by proceedings in bankruptcy in the federal court, the
88.17 	assignee may be discharged upon showing that the assignee has
88.18 	fully accounted with the trustee in bankruptcy, and turned over
88.19 	the whole trust estate to the trustee in bankruptcy.  When the
88.20 	trust estate is taken out of the hands of the assignee by legal
88.21 	proceedings in any court, or the assignment is declared void as
88.22 	to creditors, or for any reason the further administration of
88.23 	the trust is rendered impracticable, inadvisable, or nugatory,
88.24 	the assignee shall in like manner be discharged.

88.25 	Sec. 144. Minnesota Statutes 2004, section 580.032,
88.26 	subdivision 1, is amended to read:
88.27 		Subdivision 1.filing recording request for notice.  A
88.28 	person having a redeemable interest in real property under
88.29 	section 580.23 or 580.24, may file for record a request for
88.30 	notice of a mortgage foreclosure by advertisement with the
88.31 	county recorder or registrar of titles of the county where the
88.32 	property is located.  To be effective for purposes of this
88.33 	section, a request for notice must be filed for record recorded 
88.34 	as a separate and distinct document, except a mechanic's lien
88.35 	statement filed for record recorded pursuant to section 514.08
88.36 	also constitutes a request for notice if the mechanic's lien
89.1 	statement includes a legal description of the real property and
89.2 	the name and mailing address of the mechanic's lien claimant.

89.3 	Sec. 145. Minnesota Statutes 2004, section 580.032,
89.4 	subdivision 3, is amended to read:
89.5 		Subd. 3.Notice of pendency.  A person foreclosing a
89.6 	mortgage by advertisement shall file for record a notice of the
89.7 	pendency of the foreclosure with the county recorder or
89.8 	registrar of titles in the county in which the property is
89.9 	located before the first date of publication of the foreclosure
89.10 	notice but not more than six months before the first date of
89.11 	publication.

89.12 	Sec. 146. Minnesota Statutes 2004, section 580.09, is
89.13 	amended to read:
89.14 	580.09 FORECLOSURE OF INSTALLMENT; SALE; PROCEEDS;
89.15 	REDEMPTION.
89.16 	Where a mortgage is given to secure the payment of money by
89.17 	installments, each installment, either for principal or
89.18 	interest, or both, as is due at any time, may be taken and
89.19 	deemed to be a separate and independent mortgage, and such
89.20 	mortgage for each such installment may be foreclosed by
89.21 	advertisement or by action, in the same manner and with like
89.22 	effect as if a separate mortgage were given for each of such
89.23 	installments, and such foreclosure may be made and sale had
89.24 	subject to the installments yet to become due upon the mortgage;
89.25 	and a redemption from any such sale shall have the like effect
89.26 	as if the sale for such installment had been made upon an
89.27 	independent subsequent mortgage; provided in such cases the
89.28 	attorney's fee on the foreclosure so made shall not exceed the
89.29 	amount permitted by law in case of a mortgage securing the
89.30 	amount of the debt then due on such foreclosure.  The proceeds
89.31 	of the sale shall be applied first in payment of the costs of
89.32 	the foreclosure sale, and of the installment due, with interest
89.33 	thereon, taxes and insurance premiums paid, if any, and then
89.34 	towards the payment of the residue of the sum secured by such
89.35 	mortgage, and not due and payable at the time of such sale; and,
89.36 	if such residue does not bear interest, such application shall
90.1 	be made with rebate of the legal interest for the time during
90.2 	which the residue shall not be due and payable; and the surplus,
90.3 	if any, shall be paid to the subsequent lienors, if any, in the
90.4 	order of their priority, and then to the owner of the equity of
90.5 	redemption, the owner's legal representatives or assigns.  In
90.6 	case of redemption from any sale herein authorized, at the
90.7 	option of the redemptioner, the whole amount remaining unpaid on
90.8 	the mortgage, with interest and other items, if any, which have
90.9 	become part of the amount secured by the lien of the mortgage,
90.10 	may be included in the amount paid on redemption and, in such
90.11 	event, the redemption so made shall have like effect as if the
90.12 	foreclosure sale had been made for the entire amount secured by
90.13 	the mortgage, including such additional items.
90.14 	Before any sale herein authorized, the holder of the
90.15 	mortgage shall file with the sheriff a verified itemized
90.16 	statement in writing showing the entire amount remaining unpaid
90.17 	on the mortgage, including taxes and insurance premiums paid and
90.18 	other items which have become part of the amount secured, and
90.19 	the rate of interest to accrue on same, which statement shall be
90.20 	subject to public inspection and shall be read by the sheriff at
90.21 	the sale, immediately after reading the notice of sale.  The
90.22 	certificate of sale shall set forth correctly, in addition to
90.23 	the amount of sale, the remaining amount still unpaid on and
90.24 	secured by the mortgage, subject to which the sale is made, and
90.25 	the rate of interest to accrue on same.  If, during the time to
90.26 	redeem from the sale, any additional or other item, other than
90.27 	interest at the rate so stated in the certificate, shall attach
90.28 	to such amount subject to which the sale was made, or any change
90.29 	shall occur in such amount or the rate of interest thereon, the
90.30 	facts with respect thereto shall be set forth by affidavit, made
90.31 	and filed for record recorded, and a copy furnished the sheriff,
90.32 	in accordance with the provisions of section 582.03, and the
90.33 	provisions of that section shall apply thereto.

90.34 	Sec. 147. Minnesota Statutes 2004, section 580.15, is
90.35 	amended to read:
90.36 	580.15 PERPETUATING EVIDENCE OF SALE.
91.1 	Any party desiring to perpetuate the evidence of any sale
91.2 	made in pursuance of this chapter may procure:
91.3 	(1) an affidavit of the publication of the notice of sale
91.4 	and of any notice of postponement to be made by the printer of
91.5 	the newspaper in which the same was inserted or by some person
91.6 	in the printer's employ knowing the facts;
91.7 	(2) an affidavit or return of service of such notice upon
91.8 	the occupant of the mortgaged premises to be made by the officer
91.9 	or person making such service or, in case the premises were
91.10 	vacant or unoccupied at the time the service must be made, an
91.11 	affidavit or return showing that fact, to be made by the officer
91.12 	or person attempting to make such service;
91.13 	(3) an affidavit by the person foreclosing the mortgage, or
91.14 	that person's attorney, or someone knowing the facts, setting
91.15 	forth the facts relating to the military service status of the
91.16 	owner of the mortgaged premises at the time of sale;
91.17 	(4) an affidavit by the person foreclosing the mortgage, or
91.18 	that person's attorney, or someone having knowledge of the
91.19 	facts, setting forth the fact of service of notice of sale upon
91.20 	the secretary of the Treasury of the United States or the
91.21 	secretary's delegate in accordance with the provisions of
91.22 	Section 7425 of the Internal Revenue Code of 1954 as amended by
91.23 	Section 109 of the Federal Tax Lien Act of 1966, and also
91.24 	setting forth the fact of service of notice of sale upon the
91.25 	commissioner of revenue of the state of Minnesota in accordance
91.26 	with the provisions of section 270.69, subdivision 7.  Any such
91.27 	affidavit recorded prior to May 16, 1967 shall be effective as
91.28 	prima facie evidence of the facts therein contained as though
91.29 	recorded subsequent to May 16, 1967;
91.30 	(5) an affidavit by the person foreclosing the mortgage, or
91.31 	that person's attorney, or someone having knowledge of the
91.32 	facts, setting forth the names of the persons to whom a notice
91.33 	of sale was mailed as provided by section 580.032.
91.34 	Such affidavits and returns shall be recorded by the county
91.35 	recorder and they and the records thereof, and certified copies
91.36 	of such records, shall be prima facie evidence of the facts
92.1 	therein contained.
92.2 	The affidavit provided for in clause (3) hereof may be made
92.3 	and filed for record recorded for the purpose of complying with
92.4 	the provisions of the Soldiers' and Sailors' Civil Relief Act of
92.5 	1940, passed by the Congress of the United States and approved
92.6 	on October 17, 1940, and may be made and filed for record 
92.7 	recorded at any time subsequent to the date of the mortgage
92.8 	foreclosure sale.

92.9 	Sec. 148. Minnesota Statutes 2004, section 580.17, is
92.10 	amended to read:
92.11 	580.17 AFFIDAVIT OF COSTS.
92.12 	Within ten days after the filing for record of the
92.13 	certificate of sale, the party foreclosing, or the party's
92.14 	attorney, shall make and file for record with the county
92.15 	recorder an affidavit containing a detailed bill of the costs
92.16 	and disbursements of the foreclosure, including attorney's fees,
92.17 	and setting forth that the same have been absolutely and
92.18 	unconditionally paid or incurred.  Costs and disbursements shall
92.19 	be allowed as provided in section 549.04.

92.20 	Sec. 149. Minnesota Statutes 2004, section 580.23,
92.21 	subdivision 4, is amended to read:
92.22 		Subd. 4.Waiver; 12-month redemption for ag use.  A
92.23 	mortgagor, before or at the time of granting a mortgage executed
92.24 	on or after August 1, 1994, may waive in writing the mortgagor's
92.25 	right under subdivision 2, clause (6), to have a 12-month
92.26 	redemption period based upon the premises being in agricultural
92.27 	use as of the date of execution of the mortgage.  The written
92.28 	waiver must be either a document separate from the mortgage or a
92.29 	separately executed and acknowledged addendum to the mortgage on
92.30 	a separate page.  If the written waiver is a separate document,
92.31 	it must be in recordable form and must either recite the
92.32 	recorded or filed document number of the mortgage or recite the
92.33 	names of the mortgagor and mortgagee, the legal description of
92.34 	the mortgaged property, and the date of the mortgage.  If the
92.35 	written waiver is a separate document, it must be recorded in
92.36 	the office of the county recorder or filed in the office of the 
93.1 	registrar of titles no later than ten days after the recording
93.2 	or filing of the mortgage.  Where there is a waiver of the
93.3 	rights under subdivision 2, clause (6), the redemption period in
93.4 	subdivision 1 applies.

93.5 	Sec. 150. Minnesota Statutes 2004, section 580.24, is
93.6 	amended to read:
93.7 	580.24 REDEMPTION BY CREDITOR.
93.8 	(a) If no redemption is made by the mortgagor, the
93.9 	mortgagor's personal representatives or assigns, the most senior
93.10 	creditor having a legal or equitable lien upon the mortgaged
93.11 	premises, or some part of it, subsequent to the foreclosed
93.12 	mortgage, may redeem within seven days after the expiration of
93.13 	the redemption period determined under section 580.23 or
93.14 	582.032, whichever is applicable; and each subsequent creditor
93.15 	having a lien may redeem, in the order of priority of their
93.16 	respective liens, within seven days after the time allowed the
93.17 	prior lienholder by paying the amount required under this
93.18 	section.  However, no creditor is entitled to redeem unless,
93.19 	within the period allowed for redemption by the mortgagor, the
93.20 	creditor:
93.21 	(1) files for record records with each county recorder and
93.22 	registrar of titles where the foreclosed mortgage is recorded a
93.23 	notice of the creditor's intention to redeem;
93.24 	(2) files for record records in each office where the
93.25 	notice is filed recorded all documents necessary to create the
93.26 	lien on the mortgaged premises and to evidence the creditor's
93.27 	ownership of the lien; and
93.28 	(3) after complying with clauses (1) and (2), delivers to
93.29 	the sheriff who conducted the foreclosure sale or the sheriff's
93.30 	successor in office a copy of each of the documents required to
93.31 	be filed recorded under clauses (1) and (2), with the office,
93.32 	date and time of filing for record stated on the first page of
93.33 	each document.
93.34 	The sheriff shall maintain for public inspection all
93.35 	documents delivered to the sheriff and shall note the date of
93.36 	delivery on each document.  The sheriff may charge a fee of $100
94.1 	for the documents delivered to the sheriff relating to each
94.2 	lien.  The sheriff shall maintain copies of documents delivered
94.3 	to the sheriff for a period of six months after the end of the
94.4 	mortgagor's redemption period.
94.5 	(b) Saturdays, Sundays, legal holidays, and the first day
94.6 	following the expiration of the prior redemption period must be
94.7 	included in computing the seven-day redemption period.  When the
94.8 	last day of the period falls on Saturday, Sunday, or a legal
94.9 	holiday, that day must be omitted from the computation.  All
94.10 	mechanic's lienholders who have coordinate liens shall have one
94.11 	combined seven-day period to redeem.
94.12 	(c) The amount required to redeem from the holder of the
94.13 	sheriff's certificate of sale is the amount required under
94.14 	section 580.23.  The amount required to redeem from a person
94.15 	holding a certificate of redemption is:
94.16 	(1) the amount paid to redeem as shown on the certificate
94.17 	of redemption; plus
94.18 	(2) interest on that amount to the date of redemption; plus
94.19 	(3) the amount claimed due on the person's lien, as shown
94.20 	on the affidavit under section 580.25, clause (3).
94.21 	The amount required to redeem may be paid to the holder of
94.22 	the sheriff's certificate of sale or the certificate of
94.23 	redemption, as the case may be, or to the sheriff for the holder.

94.24 	Sec. 151. Minnesota Statutes 2004, section 580.29, is
94.25 	amended to read:
94.26 	580.29 HOLDER OF JUNIOR MORTGAGE MAY PAY DEFAULT IN PRIOR
94.27 	MORTGAGE.
94.28 	Any person who has a mortgage lien upon any land against
94.29 	which there exists a prior mortgage may pay any taxes or
94.30 	assessments on which any penalty would otherwise accrue, and may
94.31 	pay the premium upon any policy of insurance procured in renewal
94.32 	of any expiring policy upon mortgaged premises, and may, in case
94.33 	any interest upon any prior or superior lien is in default, or
94.34 	any part of the principal shall become due, or amortized
94.35 	installment which may be in default upon any such prior lien,
94.36 	pay the same, and all such sums so paid shall become due upon
95.1 	such payment and be a part of the debt secured by such junior
95.2 	mortgage, shall bear interest from date of payment at the same
95.3 	rate as the indebtedness secured by such prior lien, and shall
95.4 	be collectible with, as a part of, and in the same manner as,
95.5 	the amount secured by such junior mortgage. Such payments shall
95.6 	be proved by the affidavit of the junior mortgagee, the junior
95.7 	mortgagee's agent or attorney, stating the items and describing
95.8 	the premises, and a copy must be filed for record recorded with
95.9 	the county recorder.

95.10 	Sec. 152. Minnesota Statutes 2004, section 600.21, is
95.11 	amended to read:
95.12 	600.21 COPIES OF RECORD OF DEATH; RECORDATION.
95.13 	In all cases of joint tenancy in lands, and in all cases
95.14 	where any estate, title interest in, or lien upon, lands, has
95.15 	been or may be created, which estate, title interest, or lien
95.16 	was, or is, to continue only during the life of any person named
95.17 	or described in the instrument by which such estate, title,
95.18 	interest, or lien was created, a copy of the record of the death
95.19 	of any such joint tenant, or of the person upon whose life such
95.20 	estate, title, interest, or lien was, or is, limited, duly
95.21 	certified by any officer who is required by the law of the state
95.22 	or country in which such record is made, to keep a record of the
95.23 	death of persons occurring within the jurisdiction of such
95.24 	officer, may be recorded in the office of the county recorder or
95.25 	registrar of titles of the county in which such lands are
95.26 	situated, and such certified copy or such record thereof in such
95.27 	office, or a duly certified copy of such last mentioned record,
95.28 	shall be prima facie evidence of the death of such person and
95.29 	the termination of such joint tenancy and of all such estate,
95.30 	title, interest, and lien as was, or is, limited upon the life
95.31 	of such person.  When a certified copy of such death record is
95.32 	attached to an affidavit of survivorship the same shall, prior
95.33 	to recordation in the office of the county recorder or registrar
95.34 	of titles, be presented to the county auditor of the county
95.35 	wherein such estate, title, interest, or lien is situated and
95.36 	the county auditor shall note the transfer on the books and
96.1 	shall inscribe upon the instrument over the auditor's official
96.2 	signature the words "Transfer entered."  Until so presented and
96.3 	indication made thereon, said instrument shall not be entitled
96.4 	to record in the office of the county recorder or registrar of
96.5 	titles of said county.

96.6 	Sec. 153. REPEALER.
 96.7 	Minnesota Statutes 2004, sections 386.183; 386.34; 386.53;
96.8 	and 580.16, are repealed.