HF 747

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to forfeitures; forfeiture of contraband or a
controlled substance on rental property; including
city attorneys in the eviction process; amending
Minnesota Statutes 2004, section 609.5317,
subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2004, section 609.5317,
subdivision 1, is amended to read:

Subdivision 1.

Rental property.

(a) When contraband or a
controlled substance manufactured, distributed, or acquired in
violation of chapter 152 is seized on residential rental
property incident to a lawful search or arrest, the county
attorney new text begin or city attorney new text end shall give the notice required by this
subdivision to (1) the landlord of the property or the fee owner
identified in the records of the county assessor, and (2) the
agent authorized by the owner to accept service pursuant to
section 504B.181. The notice is not required during an ongoing
investigation. The notice shall state what has been seized and
specify the applicable duties and penalties under this
subdivision. The notice shall state that the landlord who
chooses to assign the right to bring an eviction action retains
all rights and duties, including removal of a tenant's personal
property following issuance of the writ of restitution and
delivery of the writ to the sheriff for execution. The notice
shall also state that the landlord may contact the county
attorney new text begin or city attorney new text end if threatened by the tenant. Notice
shall be sent by certified letter, return receipt requested,
within 30 days of the seizure. If receipt is not returned,
notice shall be given in the manner provided by law for service
of summons in a civil action.

(b) Within 15 days after notice of the first occurrence,
the landlord shall bring, or assign to the county attorney new text begin or
city attorney new text end of the county new text begin or city new text end in which the real property
is located, the right to bring an eviction action against the
tenant. The assignment must be in writing on a form prepared by
the county attorney new text begin or city attorney new text end . Should the landlord
choose to assign the right to bring an eviction action, the
assignment shall be limited to those rights and duties up to and
including delivery of the writ of restitution to the sheriff for
execution.

(c) Upon notice of a second occurrence on any residential
rental property owned by the same landlord in the same county
and involving the same tenant, and within one year after notice
of the first occurrence, the property is subject to forfeiture
under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
an eviction action has been commenced as provided in paragraph
(b) or the right to bring an eviction action was assigned to the
county attorney new text begin or city attorney new text end as provided in paragraph (b).
If the right has been assigned and not previously exercised, or
if the county attorney new text begin or city attorney new text end requests an assignment
and the landlord makes an assignment, the county attorney new text begin or
city attorney new text end may bring an eviction action rather than an action
for forfeiture.

Sec. 2.

Minnesota Statutes 2004, section 609.5317,
subdivision 2, is amended to read:

Subd. 2.

Additional remedies.

Nothing in subdivision 1
prevents the county attorney new text begin or city attorney new text end from proceeding
under section 609.5311 whenever that section applies.

Sec. 3.

Minnesota Statutes 2004, section 609.5317,
subdivision 3, is amended to read:

Subd. 3.

Defenses.

It is a defense against a proceeding
under subdivision 1, paragraph (b), that the tenant had no
knowledge or reason to know of the presence of the contraband or
controlled substance or could not prevent its being brought onto
the property.

It is a defense against a proceeding under subdivision 1,
paragraph (c), that the landlord made every reasonable attempt
to evict a tenant or to assign the county attorney new text begin or city
attorney new text end the right to bring an eviction action against the
tenant, or that the landlord did not receive notice of the
seizure.