HF 4414

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:22pm

A bill for an act
relating to local government; creating a cause of action for judicial boundary
determinations after the altering of a boundary line by a county; requiring every
county to assess, preserve, and restore United States public land survey monuments
by December 31, 2025; proposing coding for new law in Minnesota Statutes,
chapters 508; 559.

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

Section 1.

new text begin [508.672] DETERMINATION OF BOUNDARIES; ALTERATION BY
COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin Petition. new text end

new text begin An owner of registered land who is aggrieved after the alteration
of a boundary line which was altered pursuant to a survey conducted by the county in which
the land is located and is adjacent to the land of the property owner may apply by a duly
verified petition to the court to have all or some of the boundary lines judicially determined.
An owner of unregistered land may apply by a duly verified petition to the court to have all
or some of the boundary lines of the unregistered parcel judicially determined under this
section, provided the relief requested affects one or more adjoining parcels of registered
land. The petition shall contain the full names and post office addresses of all owners of
lands adjoining the altered boundary line, the legal description of the adjoining lands which
are in any manner affected by the boundary determination, and information about the
alteration of the boundary line by the county. At the time of the filing of the petition with
the court administrator, a copy of the petition, duly certified by the court administrator, shall
be recorded with the registrar of titles and entered as a memorial on the petitioner's certificate
of title, if applicable, and on the certificates of title for any affected adjoining registered
lands, and recorded with the county recorder if the petitioner's land or any affected parcels
are unregistered lands, and entered in the tract index for the affected lands. When recorded
or filed, the certified copy of the petition shall be notice forever to purchasers and
encumbrancers of the pendency of the proceeding and of all matters referred to in the court
files and records pertaining to the proceeding. The owner shall have the premises surveyed
by a licensed land surveyor and shall file in the proceedings a plat of the survey showing
the correct location of the boundary line or lines to be determined. There also shall be filed
with the court administrator a memorandum abstract, satisfactory to the examiner, showing
the record owners and encumbrancers of the adjoining lands which are in any manner
affected by the boundary line determination. The petition shall be referred to the examiner
of titles for examination and report in the manner provided for the reference of initial
applications for registration. Notice of the proceeding shall be given to all interested persons
and the county attorney by the service of a summons which shall be issued in the form and
served in the manner as in initial applications.
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin Before the issuance of any final order determining the location of the
owner's boundary lines, the court shall fix and establish the boundaries and direct the
establishment of judicial landmarks in the manner provided by section 559.25. The final
order shall make reference to the boundary lines that have been determined and to the
location of the judicial landmarks that mark the boundary lines. The final order shall refer
to the affected registered lands by certificate of title number and shall refer to the affected
abstract lands by legal description. A certified copy of the final order shall be filed by the
court administrator with the registrar of titles and county recorder, if applicable, and entered
as a memorial on all affected certificates of title. The memorial shall state which of the
boundary lines were determined in the district court case and whether the boundary line
was altered by the county in error. Upon the filing of the final order, the registrar shall omit
from future certificates the memorial of the petition for registration of the boundary lines.
The county recorder shall enter the certified copy of the final order in the tract index for the
affected abstract land. Recording fees under this section shall be paid by the county, if the
final order determined that the county altered the boundary line in error, or the petitioner if
the county correctly altered the boundary line.
new text end

new text begin Subd. 3. new text end

new text begin Plat of survey to be filed. new text end

new text begin If boundaries on unregistered land are affected, the
court administrator shall file with the registrar of titles and the county recorder a certified
copy of the plat of the survey which contains a certification by a licensed land surveyor that
the boundaries as registered have been marked by judicial landmarks set pursuant to the
order of the court. The registrar of titles shall enter the certified copy of the plat of the survey
as a memorial upon the certificate of title. The county recorder shall enter the certified copy
of the plat of survey in the tract index for the affected unregistered lands.
new text end

Sec. 2.

new text begin [559.231] ACTION TO DETERMINE BOUNDARY LINES; ALTERATION
BY COUNTY.
new text end

new text begin Any person owning land or any interest therein who is aggrieved after the alteration of
a boundary line which was altered pursuant to a survey conducted by the county in which
the land is located and is adjacent to the land of the property owner, may bring action against
the county to have the boundary line established. If an altered boundary line is in common
with registered land, the determination of the boundary must be made pursuant to section
508.672. The court shall determine any adverse claims regarding any portion of the land
involved which it may be necessary to determine for a complete settlement of the boundary
lines. If the court determines that the boundary line was altered by the county in error, the
county is liable for all court costs and attorney fees. The decree of the court shall be filed
with the court administrator and a certified copy of the decree shall be recorded in the office
of the county recorder. The decree shall not be accepted for recording or filing until the
decree is presented to the county auditor who shall enter the decree in the transfer record
and note upon the instrument over the auditor's official signature the following words:
"ENTERED IN THE TRANSFER RECORD."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to actions
pending on or commenced on or after that date.
new text end

Sec. 3. new text begin ASSESSMENT AND PRESERVATION OF MONUMENTS REQUIRED.
new text end

new text begin On or before December 31, 2024, every county must conduct a comprehensive assessment
of monuments established by the United States in the public land survey that exist within
the boundaries of the county. On or before December 31, 2025, a county must preserve and
restore all monuments that are discovered to have been destroyed or are becoming obscure
in accordance with the requirements and procedures of Minnesota Statutes, sections 381.12
and 389.04. A county may not levy a tax under Minnesota Statutes, section 381.12,
subdivision 2, in excess of $....... for the purpose of compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2023 and thereafter.
new text end