HF 640

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; providing an exception for 
  1.3             certain requirements relating to notice of adverse 
  1.4             claims on registered property; amending Minnesota 
  1.5             Statutes 1994, section 508.70, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 508.70, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [TEN-YEAR LIMIT UNLESS NEW FILING.] (a) Except as 
  1.10  provided in paragraph (b), on and after March 1, 1995, no 
  1.11  adverse claim statement shall be notice, either actual or 
  1.12  constructive, of any matters referred to in the statement after 
  1.13  it has been of record for ten years unless a new statement 
  1.14  realleging the facts is filed within the ten-year period upon 
  1.15  the affected certificate of title or unless a certified copy of 
  1.16  a petition in a subsequent proceeding or a notice of lis pendens 
  1.17  to adjudicate the matters alleged in the statement is filed 
  1.18  within the ten-year period.  The registrar of titles shall not 
  1.19  carry forward to new certificates of title the memorial of any 
  1.20  statement of adverse claim that has terminated as notice 
  1.21  pursuant to this subdivision. 
  1.22     (b) Paragraph (a) does not apply to an adverse claim 
  1.23  statement filed by or on behalf of a statutory or home rule 
  1.24  charter city, county, economic development authority, or other 
  1.25  political subdivision of this state.  On and after August 1, 
  2.1   1995, an adverse claim statement filed by or on behalf of a 
  2.2   statutory or home rule charter city, county, economic 
  2.3   development authority, or other political subdivision of this 
  2.4   state must include a statement that it is filed by or on behalf 
  2.5   of a city, county, economic development authority, or other 
  2.6   political subdivision and that the provisions of paragraph (a) 
  2.7   are inapplicable to the adverse claim statement.