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HF 1804

as introduced - 88th Legislature (2013 - 2014) Posted on 04/24/2013 10:10am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 04/24/2013

Current Version - as introduced

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A bill for an act
relating to taxation; property; modifying provisions for payment of delinquent
taxes; amending Minnesota Statutes 2012, sections 279.37, subdivisions 1a,
2; 281.14; 281.17.

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

Section 1.

Minnesota Statutes 2012, section 279.37, subdivision 1a, is amended to read:


Subd. 1a.

Class 3a property.

(a) The delinquent taxes upon a parcel of property
which was classified class 3a, for the previous year's assessment deleted text begin and had a total market
value of $500,000 or less for that same assessment
deleted text end shall be eligible to be composed into a
confession of judgmentnew text begin with the approval of the county auditornew text end . Property qualifying under
this subdivision shall be subject to the same provisions as provided in this section except
as provided in paragraphs (b) to deleted text begin (d)deleted text end new text begin (f)new text end .

(b) Current year taxes and penalty due at the time the confession of judgment
is entered must be paid.

(c) The down payment must include all special assessments due in the current tax
year, all delinquent special assessments, and 20 percent of the ad valorem tax, penalties,
and interest accrued against the parcel. The balance remaining is payable in four equal
annual installments.new text begin A municipality as defined in section 429.011, cities of the first class,
and other special assessment authorities, who have certified special assessments against
any parcel of property, may, through resolution, waive the requirement of payment of all
current and delinquent special assessments at the time the confession is entered. If the
municipality, city, or authority grants the waiver, 100 percent of all current year taxes,
special assessments, and penalties due at the time, along with 20 percent of all delinquent
taxes, special assessments, penalties, interest, and fees must be paid. The balance
remaining shall be subject to and included in the installment plan.
new text end

new text begin (d) When there are current and delinquent special assessments certified and billed
against a parcel, the assessment authority or municipality as defined in section 429.011
may abate under section 375.192, subdivision 2, all special assessments and the penalty
and interest affiliated with the special assessments, and reassess the special assessments,
penalties, and interest accrued thereon, under section 429.071, subdivision 2. The
municipality shall notify the county auditor of its intent to reassess as a precondition
to the entry of the confession of judgment. Upon the notice to abate and reassess, the
municipality shall, through resolution, notify the county auditor to remove all current
and delinquent special assessments and the accrued penalty and interest on the special
assessments, and the payment of all or a portion of the current and delinquent assessments
shall not be required as part of the down payment due at the time the confession of
judgment is entered in accordance with paragraph (c).
new text end

deleted text begin (d)deleted text end new text begin (e)new text end The amounts entered in judgment bear interest at the rate provided in section
279.03, subdivision 1a, commencing with the date the judgment is entered. The interest
rate is subject to change each year on the unpaid balance in the manner provided in section
279.03, subdivision 1a.

new text begin (f) The county auditor may require conditions on properties including, but not
limited to, environmental remediation action plan requirements, restrictions, or covenants,
when considering a request for approval of eligibility for composition into a confession of
judgment for delinquent taxes upon a parcel of property which was classified class 3a, for
the previous year's assessment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 279.37, subdivision 2, is amended to read:


Subd. 2.

Installment payments.

The owner of any such parcel, or any person to
whom the right to pay taxes has been given by statute, mortgage, or other agreement, may
make and file with the county auditor of the county in which the parcel is located a written
offer to pay the current taxes each year before they become delinquent, or to contest the
taxes under Minnesota Statutes 1941, sections 278.01 to 278.13, and agree to confess
judgment for the amount provided, as determined by the county auditor. By filing the
offer, the owner waives all irregularities in connection with the tax proceedings affecting
the parcel and any defense or objection which the owner may have to the proceedings, and
also waives the requirements of any notice of default in the payment of any installment or
interest to become due pursuant to the composite judgment to be so entered. new text begin Unless the
property is subject to subdivision 1a,
new text end with the offer, the owner shallnew text begin (i)new text end tender one-tenth of
the amount of the delinquent taxes, costs, penalty, and interest, and deleted text begin shalldeleted text end new text begin (ii)new text end tender all
current year taxes and penalty due at the time the confession of judgment is entered. In the
offer, the owner shall agree to pay the balance in nine equal installments, with interest as
provided in section 279.03, payable annually on installments remaining unpaid from time
to time, on or before December 31 of each year following the year in which judgment
was confessed. The offer must be substantially as follows:

"To the court administrator of the district court of ........... county, I, .....................,
am the owner of the following described parcel of real estate located in ....................
county, Minnesota:

.............................. Upon that real estate there are delinquent taxes for the year ........., and
prior years, as follows: (here insert year of delinquency and the total amount of delinquent
taxes, costs, interest, and penalty). By signing this document I offer to confess judgment in
the sum of $...... and waive all irregularities in the tax proceedings affecting these taxes and
any defense or objection which I may have to them, and direct judgment to be entered for
the amount stated above, minus the sum of $............, to be paid with this document, which
is one-tenth new text begin or one-fifth new text end of the amount of the taxes, costs, penalty, and interest stated above.
I agree to pay the balance of the judgment in ninenew text begin or fournew text end equal, annual installments, with
interest as provided in section 279.03, payable annually, on the installments remaining
unpaid. I agree to pay the installments and interest on or before December 31 of each year
following the year in which this judgment is confessed and current taxes each year before
they become delinquent, or within 30 days after the entry of final judgment in proceedings
to contest the taxes under Minnesota Statutes, sections 278.01 to 278.13.

Dated .............., ......."

Sec. 3.

Minnesota Statutes 2012, section 281.14, is amended to read:


281.14 EXPIRATION OF TIME FOR REDEMPTION.

The time for redemption from any tax sale, whether made to the state or to a private
person, shall not expire until notice of expiration of redemption, as provided in section
deleted text begin 281.13deleted text end new text begin 281.17new text end , shall have been given.

Sec. 4.

Minnesota Statutes 2012, section 281.17, is amended to read:


281.17 PERIOD FOR REDEMPTION.

Except for properties for which the period of redemption has been limited under
sections 281.173 and 281.174, the following periods for redemption apply.

The period of redemption for all lands sold to the state at a tax judgment sale shall
be three years from the date of sale to the state of Minnesota deleted text begin if the land is within an
incorporated area unless it is: (a) nonagricultural homesteaded land as defined in section
273.13, subdivision 22; (b) homesteaded agricultural land as defined in section 273.13,
subdivision 23
, paragraph (a); or (c) seasonal residential recreational land as defined in
section 273.13, subdivision 22, paragraph (c), or 25, paragraph (d), clause (1), for which
the period of redemption is five years from the date of sale to the state of Minnesota
deleted text end .

The period of redemption for homesteaded lands as defined in section 273.13,
subdivision 22
, located in a targeted neighborhood as defined in Laws 1987, chapter 386,
article 6, section 4, and sold to the state at a tax judgment sale is three years from the date
of sale. The period of redemption for all lands located in a targeted neighborhood as
defined in Laws 1987, chapter 386, article 6, section 4, except (1) homesteaded lands as
defined in section 273.13, subdivision 22, and (2) for periods of redemption beginning
after June 30, 1991, but before July 1, 1996, lands located in the Loring Park targeted
neighborhood on which a notice of lis pendens has been served, and sold to the state at a
tax judgment sale is one year from the date of sale.

The period of redemption for all real property constituting a mixed municipal solid
waste disposal facility that is a qualified facility under section 115B.39, subdivision 1, is
one year from the date of the sale to the state of Minnesota.

deleted text begin The period of redemption for all other lands sold to the state at a tax judgment
sale shall be five years from the date of sale, except that the period of redemption for
nonhomesteaded agricultural land as defined in section 273.13, subdivision 23, paragraph
(b), shall be two years from the date of sale if at that time that property is owned by a
person who owns one or more parcels of property on which taxes are delinquent, and the
delinquent taxes are more than 25 percent of the prior year's school district levy.
deleted text end