HF 2495

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; providing for conservation 
  1.3             easements; amending Minnesota Statutes 2002, sections 
  1.4             84C.02; 500.20, subdivision 2a. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 84C.02, is 
  1.7   amended to read: 
  1.8      84C.02 [CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION.] 
  1.9      (a) Except as otherwise provided in this chapter, a 
  1.10  conservation easement may be created, conveyed, recorded, 
  1.11  assigned, released, modified, terminated, or otherwise altered 
  1.12  or affected in the same manner as other easements.  
  1.13     (b) No right or duty in favor of or against a holder and no 
  1.14  right in favor of a person having a third-party right of 
  1.15  enforcement arises under a conservation easement before its 
  1.16  acceptance by the holder and a recordation of the acceptance.  
  1.17     (c) Except as provided in section 84C.03, clause (b), a 
  1.18  conservation easement is unlimited limited in duration to 21 
  1.19  years, unless the instrument creating it or county resolution 
  1.20  otherwise provides for a shorter term.  
  1.21     (d) An interest in real property in existence at the time a 
  1.22  conservation easement is created is not impaired by it unless 
  1.23  the owner of the interest is a party to the conservation 
  1.24  easement or consents to it.  
  1.25     Sec. 2.  Minnesota Statutes 2002, section 500.20, 
  2.1   subdivision 2a, is amended to read: 
  2.2      Subd. 2a.  [RESTRICTION OF DURATION OF CONDITION.] Except 
  2.3   for any right to reenter or to repossess as provided in 
  2.4   subdivision 3, all private covenants, conditions, conservation 
  2.5   easements, or restrictions created by which the title or use of 
  2.6   real property is affected, cease to be valid and operative 30 21 
  2.7   years after the date of the deed, or other instrument, or the 
  2.8   date of the probate of the will, creating them, and may be 
  2.9   disregarded.  
  2.10     This subdivision does not apply to covenants, conditions, 
  2.11  or restrictions:  
  2.12     (1) that were created before August 1, 1988, by deed or 
  2.13  other instrument dated on or after August 1, 1982, or by will 
  2.14  the date of death of the testator of which was on or after 
  2.15  August 1, 1982; 
  2.16     (2) that were created before August 1, 1959, under which a 
  2.17  person who owns or has an interest in real property against 
  2.18  which the covenants, conditions, or restrictions have been filed 
  2.19  claims a benefit of the covenant, condition, or restriction if 
  2.20  the person records in the office of the county recorder or files 
  2.21  in the office of the registrar of titles in the county in which 
  2.22  the real estate affected is located, on or before March 30, 
  2.23  1989, a notice sworn to by the claimant or the claimant's agent 
  2.24  or attorney:  setting forth the name of the claimant; describing 
  2.25  the real estate affected; describing the deed, instrument, or 
  2.26  will creating the covenant, condition, or restriction; and 
  2.27  stating that the covenant, condition, or restriction is not 
  2.28  nominal and may not be disregarded under subdivision 1; 
  2.29     (3) that are created by the declaration, bylaws, floor 
  2.30  plans, or condominium plat of a condominium created before 
  2.31  August 1, 1980, under chapter 515, or created on or after August 
  2.32  1, 1980, under chapter 515A or 515B, or by any amendments of the 
  2.33  declaration, bylaws, floor plans, or condominium plat; 
  2.34     (4) that are created by the articles of incorporation, 
  2.35  bylaws, or proprietary leases of a cooperative association 
  2.36  formed under chapter 308A; 
  3.1      (5) that are created by a declaration or other instrument 
  3.2   that authorizes and empowers a corporation of which the 
  3.3   qualification for being a stockholder or member is ownership of 
  3.4   certain parcels of real estate, to hold title to common real 
  3.5   estate for the benefit of the parcels; 
  3.6      (6) that are created by a deed, declaration, reservation, 
  3.7   or other instrument by which one or more portions of a building, 
  3.8   set of connecting or adjacent buildings, or complex or project 
  3.9   of related buildings and structures share support, structural 
  3.10  components, ingress and egress, or utility access with another 
  3.11  portion or portions; 
  3.12     (7) that were created after July 31, 1959, and before 
  3.13  August 1, 1982, under which a person who owns or has an interest 
  3.14  in real estate against which covenants, conditions, or 
  3.15  restrictions have been filed claims a benefit of the covenants, 
  3.16  conditions, or restrictions if the person records in the office 
  3.17  of the county recorder or files in the office of the registrar 
  3.18  of titles in the county in which the real estate affected is 
  3.19  located during the period commencing on the 28th anniversary of 
  3.20  the date of the deed or instrument, or the date of the probate 
  3.21  of the will, creating them and ending on the 30th anniversary, a 
  3.22  notice as described in clause (2); or 
  3.23     (8) that are created by a declaration or bylaws of a common 
  3.24  interest community created under or governed by chapter 515B, or 
  3.25  by any amendments thereto. 
  3.26     A notice filed in accordance with clause (2) or (7) delays 
  3.27  application of this subdivision to the covenants, conditions, or 
  3.28  restrictions for a period ending on the later of seven years 
  3.29  after the date of filing of the notice, or until final judgment 
  3.30  is entered in an action to determine the validity of the 
  3.31  covenants, conditions, or restrictions, provided in the case of 
  3.32  an action the summons and complaint must be served and a notice 
  3.33  of lis pendens must be recorded in the office of the county 
  3.34  recorder or filed in the office of the registrar of titles in 
  3.35  each county in which the real estate affected is located within 
  3.36  seven years after the date of recording or filing of the notice 
  4.1   under clause (2) or (7). 
  4.2      County recorders and registrars of titles shall accept for 
  4.3   recording or filing a notice conforming with this subdivision 
  4.4   and charge a fee corresponding with the fee charged for filing a 
  4.5   notice of lis pendens of similar length.  The notice may be 
  4.6   discharged in the same manner as a notice of lis pendens and 
  4.7   when discharged, together with the information included with it, 
  4.8   ceases to constitute either actual or constructive notice.