SF 1147

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

1.1A bill for an act

1.2relating to real property; specifying notice requirements; modifying provisions
1.3governing the reduced redemption period for abandoned property; providing
1.4for postponement of sale; establishing a duty to protect vacant foreclosed
1.5property under certain circumstances; providing for the imposition of fines for
1.6failure to maintain property; altering the posting requirement for trespassing on
1.7construction sites; modifying provisions governing public nuisances; imposing
1.8civil and criminal penalties; amending Minnesota Statutes 2008, sections
1.9463.251, subdivisions 2, 3; 504B.151, subdivision 1; 504B.178, subdivision 8;
1.10580.021, subdivision 1; 580.04; 580.041, subdivision 1a; 580.042, subdivision 1;
1.11580.07; 582.031; 582.032, subdivisions 2, 4, 5; 609.605, subdivision 1; 617.80,
1.12subdivision 7, by adding a subdivision; 617.81, subdivisions 2, 4.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14    Section 1. Minnesota Statutes 2008, section 463.251, subdivision 2, is amended to read:
1.15    Subd. 2. Order; notice. (a) If in any city a building becomes vacant or unoccupied
1.16and is deemed hazardous due to the fact that the building is open to trespass and has not
1.17been secured and the building could be made safe by securing the building, the governing
1.18body may order the building secured and shall cause notice of the order to be served upon
1.19the owner of record of the premises or the owner's agent, the taxpayer identified in the
1.20property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and
1.21any neighborhood association for the neighborhood in which the building is located that
1.22has requested notice, by delivering or mailing a copy to the owner or agent, the identified
1.23taxpayer, the holder of the mortgage or sheriff's certificate, and the neighborhood
1.24association, at the last known address. Service by mail is complete upon mailing.
1.25    (b) The notice under this subdivision must include a statement that:
2.1    (1) informs the owner and the holder of any mortgage or sheriff's certificate of
2.2the requirements of subdivision 3 and that costs may be assessed against the property if
2.3the person does not secure the building;
2.4    (2) informs the owner and the holder of any mortgage or sheriff's certificate that the
2.5person may request a hearing before the governing body challenging the governing body's
2.6determination that the property is vacant or unoccupied and hazardous; and
2.7    (3) notifies the holder of any sheriff's certificate of the holder's duty under section
2.8582.031, subdivision 1, paragraph (b), to enter the premises to protect the premises from
2.9waste and trespass if the order is not challenged or set aside and there is prima facie
2.10evidence of abandonment of the property as described in section 582.032, subdivision 7.

2.11    Sec. 2. Minnesota Statutes 2008, section 463.251, subdivision 3, is amended to read:
2.12    Subd. 3. Securing building by city; lien. If the owner of the building or a holder of
2.13the sheriff's certificate of sale fails to either comply or provide to the governing body a
2.14reasonable plan and schedule to comply with an order issued under subdivision 2 or to
2.15request a hearing on the order within six 14 days after the order is served, the governing
2.16body shall cause the building to be properly secured and the cost of securing the building
2.17may be charged against the real estate as provided in section 463.21. In the metropolitan
2.18area, as defined in section 473.121, subdivision 2, the governing body may work with
2.19neighborhood associations to develop and implement plans to secure vacant buildings in
2.20a timely and cost-effective fashion. The city may use rehabilitation and revitalization
2.21funds in implementing this section.

2.22    Sec. 3. Minnesota Statutes 2008, section 504B.151, subdivision 1, is amended to read:
2.23    Subdivision 1. Limitation on lease and notice to tenant. (a) Once a landlord has
2.24received notice of a contract for deed cancellation under section 559.21 or notice of a
2.25mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under
2.26chapter 581, the landlord may only enter into (i) a periodic residential lease agreement
2.27with a term of not more than two months or the time remaining in the contract cancellation
2.28period or the mortgagor's redemption period, whichever is less or (ii) a fixed term
2.29residential tenancy not extending beyond the cancellation period or the landlord's period
2.30of redemption until:
2.31    (1) the contract for deed has been reinstated or paid in full;
2.32    (2) the mortgage default has been cured and the mortgage reinstated;
2.33    (3) the mortgage has been satisfied;
2.34    (4) the property has been redeemed from a foreclosure sale; or
3.1    (5) a receiver has been appointed.
3.2    (b) Before entering into a lease under this section and accepting any rent or security
3.3deposit from a tenant, the landlord must notify the prospective tenant in writing that the
3.4landlord has received notice of a contract for deed cancellation or notice of a mortgage
3.5foreclosure sale as appropriate, and the date on which the contract cancellation period or
3.6the mortgagor's redemption period ends.
3.7    (c) This section does not apply to a manufactured home park as defined in section
3.8327C.01, subdivision 5 .
3.9EFFECTIVE DATE.This section is effective August 1, 2009, and applies to leases
3.10entered into on or after that date.

3.11    Sec. 4. Minnesota Statutes 2008, section 504B.178, subdivision 8, is amended to read:
3.12    Subd. 8. Withholding rent. No tenant may withhold payment of all or any portion
3.13of rent for the last payment period of a residential rental agreement, except an oral or
3.14written month to month residential rental agreement concerning which neither the tenant
3.15nor landlord has served a notice to quit, or for the last month of a contract for deed
3.16cancellation period under section 559.21 or a mortgage foreclosure redemption period
3.17under chapter 580, 581, or 582, on the grounds that the deposit should serve as payment
3.18for the rent. Withholding all or any portion of rent for the last payment period of the
3.19residential rental agreement creates a rebuttable presumption that the tenant withheld the
3.20last payment on the grounds that the deposit should serve as payment for the rent. Any
3.21tenant who remains in violation of this subdivision after written demand and notice of this
3.22subdivision shall be liable to the landlord for the following:
3.23    (1) a penalty in an amount equal to the portion of the deposit which the landlord
3.24is entitled to withhold under subdivision 3 other than to remedy the tenant's default in
3.25the payment of rent; and
3.26    (2) interest on the whole deposit as provided in subdivision 2, in addition to the
3.27amount of rent withheld by the tenant in violation of this subdivision.
3.28EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
3.29cancellations of contracts for deed in which the notice of cancellation is first served
3.30or published on or after August 1, 2009, and mortgage foreclosures under Minnesota
3.31Statutes, chapter 581, in which the lis pendens is recorded on or after August 1, 2009.

3.32    Sec. 5. Minnesota Statutes 2008, section 580.021, subdivision 1, is amended to read:
4.1    Subdivision 1. Applicability. This section applies to foreclosure of mortgages under
4.2this chapter and chapter 581 on property consisting of one to four family dwelling units,
4.3one of which the owner occupies as the owner's principal place of residency on the date of
4.4service of the notice of sale of the owner.
4.5EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
4.6foreclosures under Minnesota Statutes, chapter 581, in which the lis pendens is recorded
4.7on or after August 1, 2009.

4.8    Sec. 6. Minnesota Statutes 2008, section 580.04, is amended to read:
4.9580.04 REQUISITES OF NOTICE.
4.10Each notice shall specify or contain:
4.11(1) the name of the mortgagor, the mortgagee, each assignee of the mortgage, if any,
4.12and the original or maximum principal amount secured by the mortgage;
4.13(2) the date of the mortgage, and when and where recorded, except where the
4.14mortgage is upon registered land, in which case the notice shall state that fact, and when
4.15and where registered;
4.16(3) the amount claimed to be due on the mortgage on the date of the notice;
4.17(4) a description of the mortgaged premises, conforming substantially to that
4.18contained in the mortgage, and the commonly used street address of the mortgaged
4.19premises;
4.20(5) the time and place of sale;
4.21(6) the time allowed by law for redemption by the mortgagor, the mortgagor's
4.22personal representatives or assigns; and
4.23(7) if the party foreclosing the mortgage desires to preserve the right to reduce the
4.24redemption period under section 582.032 after the first publication of the notice, the
4.25notice must also state for mortgaged premises described in section 582.032, subdivision
4.261, the following statement in capital letters: "THE TIME ALLOWED BY LAW
4.27FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL
4.28REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A
4.29JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION
4.30582.032 , DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED
4.31PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN
4.32FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION,
4.33AND ARE ABANDONED."
5.1EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
5.2notices of sale first published on or after that date.

5.3    Sec. 7. Minnesota Statutes 2008, section 580.041, subdivision 1a, is amended to read:
5.4    Subd. 1a. Applicability. This section applies to foreclosure of mortgages under this
5.5chapter and chapter 581 on property consisting of one to four family dwelling units, one
5.6of which the owner occupies as the owner's principal place of residency on the date of
5.7service of the notice of sale on the owner.
5.8EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
5.9foreclosures under Minnesota Statutes, chapter 581, in which the lis pendens is recorded
5.10on or after August 1, 2009.

5.11    Sec. 8. Minnesota Statutes 2008, section 580.042, subdivision 1, is amended to read:
5.12    Subdivision 1. Applicability. This section applies to foreclosure of mortgages
5.13under this chapter and chapter 581.
5.14EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
5.15foreclosures under Minnesota Statutes, chapter 581, in which the lis pendens is recorded
5.16on or after August 1, 2009.

5.17    Sec. 9. Minnesota Statutes 2008, section 580.07, is amended to read:
5.18580.07 POSTPONEMENT.
5.19    Subdivision 1. Postponement by mortgagee. The sale may be postponed, from
5.20time to time, by the party conducting the foreclosure, by inserting a notice of the
5.21postponement, as soon as practicable, in the newspaper in which the original advertisement
5.22was published, at the expense of the party requesting the postponement. The notice shall
5.23be published only once.
5.24    Subd. 2. Postponement by mortgagor or owner. (a) If all or a part of the property
5.25to be sold is classified as homestead under section 273.124 and contains one to four
5.26dwelling units, the mortgagor or owner may postpone the sale to the first date that is not
5.27a Saturday, Sunday, or legal holiday and is five months after the originally scheduled
5.28date of sale in the manner provided in this subdivision. To postpone a foreclosure sale
5.29pursuant to this subdivision, at any time after the first publication of the notice of mortgage
5.30foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date
5.31specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set
5.32forth in subdivision 3, (2) record the affidavit in the office of each county recorder and
6.1registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting
6.2the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded
6.3affidavit, showing the date and office in which the affidavit was recorded. Recording of
6.4the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall
6.5automatically reduce the mortgagor's redemption period under section 580.23 to five
6.6weeks. The postponement of a foreclosure sale pursuant to this subdivision does not
6.7require any change in the contents of the notice of sale, service of the notice of sale if the
6.8occupant was served with the notice of sale prior to postponement under this subdivision,
6.9or publication of the notice of sale if publication was commenced prior to postponement
6.10under this subdivision, notwithstanding the service and publication time periods specified
6.11in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the
6.12foreclosure sale and the actual length of the mortgagor's redemption period. No notice
6.13of postponement need be published. An affidavit complying with subdivision 3 shall be
6.14prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The
6.15right to postpone a foreclosure sale pursuant to this subdivision may be exercised only
6.16once, regardless whether the mortgagor reinstates the mortgage prior to the postponed
6.17mortgage foreclosure sale.
6.18(b) If the automatic stay under United States Code, title 11, section 362, applies
6.19to the mortgage foreclosure after a mortgagor or owner requests postponement of the
6.20sheriff's sale under this section, then when the automatic stay is no longer applicable, the
6.21mortgagor's or owner's election to shorten the redemption period to five weeks under this
6.22section remains applicable to the mortgage foreclosure.
6.23    Subd. 3. Affidavit form. The affidavit referred to in subdivision 2 shall be in
6.24substantially the following form and shall contain all of the following information.
6.25STATE OF ______________
6.26COUNTY OF ______________
6.27    ________________________________________ (whether one or more, "Owner"),
6.28being first duly sworn on oath, states as follows:
6.29    1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the
6.30"Property") situated in __________ (Name of) County, Minnesota, legally described in the
6.31attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this
6.32affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to
6.33Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled
6.34in the attached Notice.
7.1    2. The Property is classified as homestead under Minnesota Statutes, section
7.2273.124, is occupied by Owner as a homestead, and is improved with not more than
7.3four dwelling units.
7.4    3. Owner has elected to shorten Owner's redemption period from any foreclosure
7.5sale of the Property to five weeks in exchange for the postponement of the foreclosure
7.6sale for five months.
7.7___________________________________________ (signature(s) of owner)
7.8Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s)
7.9of person(s) making statement).
7.10___________________________________________ (signature of notary public)
7.11Notary Public
7.12EFFECTIVE DATE.This section is effective one month after the date of final
7.13enactment, and applies to foreclosure sales scheduled to occur on or after said effective
7.14date.

7.15    Sec. 10. Minnesota Statutes 2008, section 582.031, is amended to read:
7.16582.031 LIMITED RIGHT OF ENTRY; DUTY TO ENTER AND PROTECT
7.17PREMISES.
7.18    Subdivision 1. Right of entry. (a) If premises described in a mortgage or sheriff's
7.19certificate are vacant or unoccupied, the holder of the mortgage or sheriff's certificate or
7.20the holder's agents and contractors may, but is under no obligation to, enter upon the
7.21premises to protect the premises from waste and trespass, until the holder of the mortgage
7.22or sheriff's certificate receives notice that the premises are occupied. The holder of the
7.23mortgage or sheriff's certificate does not become a mortgagee in possession by taking
7.24actions authorized or required under this section. An affidavit of the sheriff, the licensing,
7.25regulatory, or inspection authority of a municipality in which the property is located, the
7.26holder of the mortgage or sheriff's certificate, or a person acting on behalf of the holder,
7.27describing the premises and stating that the same are vacant or unoccupied, is prima facie
7.28evidence of the facts stated in the affidavit and is entitled to be recorded in the office of the
7.29county recorder or the registrar of titles in the county where the premises are located, if it
7.30contains a legal description of the premises.
7.31    (b)(1) If the holder of a sheriff's certificate knows that there is prima facie evidence
7.32of abandonment of the property, as described in section 582.032, subdivision 7, clauses (1)
7.33to (6), the holder:
8.1    (i) shall enter the premises and make reasonable periodic inspections, and install
8.2or change the locks on all doors, install locks on all windows that do not have them, and
8.3ensure that any existing window locks are functioning properly; and
8.4    (ii) may, to protect the premises from waste, trespass, or falling below minimum
8.5community standards for public safety and sanitation, enter the premises and board
8.6windows, doors, and other openings, install and operate an alarm system, and otherwise
8.7prevent or minimize damage to the premises from the elements, vandalism, trespass,
8.8or other illegal activity.
8.9    (2) Upon an installation or change of locks as required by this section, the holder of
8.10a sheriff's certificate must deliver a key to the premises to the mortgagor or any person
8.11lawfully claiming through the mortgagor, upon request.
8.12This paragraph only applies where the holder of a mortgage or sheriff's certificate
8.13otherwise holds five or more properties.
8.14    Subd. 2. Authorized actions. The holder of the mortgage or sheriff's certificate may
8.15take the following actions to protect the premises from waste, trespass, or from falling
8.16below minimum community standards for public safety and sanitation: make reasonable
8.17periodic inspections, install or change locks on doors and windows, board windows,
8.18doors, and other openings, install and operate an alarm system, and otherwise prevent or
8.19minimize damage to the premises from the elements, vandalism, trespass, or other illegal
8.20activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
8.21under this section, a key to the premises must be promptly delivered to the mortgagor or
8.22any person lawfully claiming through the mortgagor, upon request.
8.23    Subd. 3. Costs. All costs incurred by the holder of the mortgage or sheriff's
8.24certificate to protect the premises from waste or trespass or from falling below minimum
8.25community standards for public safety and sanitation may be added to the principal
8.26balance of the mortgage or the costs allowable upon redemption. The costs may bear
8.27interest to the extent provided in the mortgage and may be added to the redemption price
8.28if the costs are incurred after a foreclosure sale. If the costs are incurred after a foreclosure
8.29sale, the holder of any sheriff's certificate of sale or certificate of redemption must comply
8.30with the provisions of section 582.03. The provisions of this section are in addition to, and
8.31do not limit or replace, any other rights or remedies available to holders of mortgages and
8.32sheriff's certificates, at law or under the applicable mortgage agreements.

8.33    Sec. 11. Minnesota Statutes 2008, section 582.032, subdivision 2, is amended to read:
8.34    Subd. 2. Before foreclosure sale. Notwithstanding section 580.23 or 581.10, if at
8.35any time before the foreclosure sale but not more than 30 days before the first publication
9.1of the notice of sale, a court order is entered reducing the mortgagor's redemption period to
9.2five weeks under subdivision 7, after the mortgaged premises have been sold as provided in
9.3chapter 580 or 581, the mortgagor, and the mortgagor's personal representatives or assigns,
9.4within five weeks after the sale under chapter 580, or within five weeks after the date of
9.5the order confirming the sale under chapter 581, may redeem the mortgaged premises as
9.6provided in section 580.23, subdivision 1, or 581.10, as applicable. If an order is obtained
9.7after the first publication of the notice of sale, the five-week redemption period applies
9.8only if the notice of sale contained the statement required by section 580.04, clause (7).
9.9EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
9.10foreclosures for which the notice of sale is first published on or after that date.

9.11    Sec. 12. Minnesota Statutes 2008, section 582.032, subdivision 4, is amended to read:
9.12    Subd. 4. Summons and complaint. In a foreclosure by advertisement, the party
9.13foreclosing a mortgage or holding the sheriff's certificate of sale or the political subdivision
9.14in which the mortgaged premises are located may initiate a proceeding in district court
9.15to reduce the mortgagor's redemption period under this section. The proceeding must be
9.16initiated by the filing of a complaint, naming the mortgagor, or the mortgagor's personal
9.17representatives or assigns of record, as defendant, in district court for the county in which
9.18the mortgaged premises are located. If the proceeding is initiated by a political subdivision,
9.19the party foreclosing the mortgage or holding the sheriff's certificate of sale must also be
9.20named as a defendant and the summons and complaint shall be delivered by certified
9.21mail to the foreclosing attorney. If the proceeding is commenced after the foreclosure
9.22sale, the holders of junior liens and interests entitled to notice under subdivision 3 must
9.23also be named as defendants. The complaint must identify the mortgaged premises by
9.24legal description and must identify the mortgage by the names of the mortgagor and
9.25mortgagee, and any assignee of the mortgagee; the date of its making; and pertinent
9.26recording information. The complaint must allege that the mortgaged premises are:
9.27    (1) ten acres or less in size;
9.28    (2) improved with a residential dwelling consisting of less than five units, which is
9.29not a model home or a dwelling under construction;
9.30    (3) not property used in agricultural production; and
9.31    (4) abandoned.
9.32    The complaint must request an order reducing the mortgagor's redemption period
9.33to five weeks. When the complaint has been filed, the court shall issue a summons
9.34commanding the person or persons named in the complaint to appear before the court on a
9.35day and at a place stated in the summons. The appearance date shall be not less than 15
10.1nor more than 25 days from the date of the issuing of the summons. A copy of the filed
10.2complaint must be attached to the summons.

10.3    Sec. 13. Minnesota Statutes 2008, section 582.032, subdivision 5, is amended to read:
10.4    Subd. 5. Order to show cause. In a foreclosure by action, the plaintiff or the holder
10.5of the sheriff's certificate may make a motion to reduce the mortgagor's redemption period
10.6under this section. The political subdivision in which the mortgaged premises are located
10.7may intervene in the action and make a motion to reduce the redemption period. The
10.8motion must conform generally to the pleading requirements provided in subdivision 4.
10.9For purposes of the motion, the court has continuing jurisdiction over the parties and the
10.10mortgaged premises through the expiration of the redemption period. When the motion
10.11has been filed, the court shall issue an order to show cause commanding the parties it
10.12considers appropriate to appear before the court on a day and at a place stated in the order.
10.13The appearance date may not be less than 15 nor more than 25 days after the date of the
10.14order to show cause. A copy of the motion must be attached to the order to show cause.

10.15    Sec. 14. Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:
10.16    Subdivision 1. Misdemeanor. (a) The following terms have the meanings given
10.17them for purposes of this section.
10.18(1) "Premises" means real property and any appurtenant building or structure.
10.19(2) "Dwelling" means the building or part of a building used by an individual as a
10.20place of residence on either a full-time or a part-time basis. A dwelling may be part of a
10.21multidwelling or multipurpose building, or a manufactured home as defined in section
10.22168.002, subdivision 16 .
10.23(3) "Construction site" means the site of the construction, alteration, painting, or
10.24repair of a building or structure.
10.25(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
10.26person on whose behalf a building or dwelling is being constructed, altered, painted, or
10.27repaired and the general contractor or subcontractor engaged in that work.
10.28(5) "Posted," as used:
10.29(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches
10.30by 11 inches in a conspicuous place on the exterior of the building, or in a conspicuous
10.31place within the property on which the building is located. The sign must carry a general
10.32notice warning against trespass;
10.33(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches
10.34by 11 inches square in a conspicuous place on the exterior of the building that is under
11.1construction, alteration, or repair, and additional signs in at least two conspicuous places
11.2for each ten acres being protected. or in a conspicuous place within the area being
11.3protected. If the area being protected is less than three acres, one additional sign must
11.4be conspicuously placed within that area. If the area being protected is three acres but
11.5less than ten acres, two additional signs must be conspicuously placed within that area.
11.6For each additional full ten acres of area being protected beyond the first ten acres of
11.7area, two additional signs must be conspicuously placed within the area being protected.
11.8The sign must carry an appropriate a general notice and the name of the person giving
11.9the notice, followed by the word "owner" if the person giving the notice is the holder of
11.10legal title to the land on which the construction site is located or by the word "occupant"
11.11if the person giving the notice is not the holder of legal title but is a lawful occupant
11.12of the land warning against trespass; and
11.13(ii) (iii) in paragraph (b), clause (10), means the placement of signs that:
11.14(A) state "no trespassing" or similar terms carry a general notice warning against
11.15trespass;
11.16(B) display letters at least two inches high;
11.17(C) state that Minnesota law prohibits trespassing on the property; and
11.18(D) are posted in a conspicuous place and at intervals of 500 feet or less.
11.19(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
11.20of a building trades labor or management organization.
11.21(7) "Building" has the meaning given in section 609.581, subdivision 2.
11.22(b) A person is guilty of a misdemeanor if the person intentionally:
11.23(1) permits domestic animals or fowls under the actor's control to go on the land
11.24of another within a city;
11.25(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
11.26designate a point of a boundary, line or a political subdivision, or of a tract of land;
11.27(3) trespasses on the premises of another and, without claim of right, refuses to
11.28depart from the premises on demand of the lawful possessor;
11.29(4) occupies or enters the dwelling or locked or posted building of another, without
11.30claim of right or consent of the owner or the consent of one who has the right to give
11.31consent, except in an emergency situation;
11.32(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
11.33vegetables growing on the premises, without the permission of the owner or occupant;
11.34(6) enters or is found on the premises of a public or private cemetery without
11.35authorization during hours the cemetery is posted as closed to the public;
12.1(7) returns to the property of another with the intent to abuse, disturb, or cause
12.2distress in or threaten another, after being told to leave the property and not to return, if the
12.3actor is without claim of right to the property or consent of one with authority to consent;
12.4(8) returns to the property of another within one year after being told to leave the
12.5property and not to return, if the actor is without claim of right to the property or consent
12.6of one with authority to consent;
12.7(9) enters the locked or posted construction site of another without the consent of the
12.8owner or lawful possessor, unless the person is a business licensee; or
12.9(10) enters the locked or posted aggregate mining site of another without the consent
12.10of the owner or lawful possessor, unless the person is a business licensee.
12.11EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
12.12committed on or after that date.

12.13    Sec. 15. Minnesota Statutes 2008, section 617.80, subdivision 7, is amended to read:
12.14    Subd. 7. Owner. "Owner," for purposes of sections 617.80 to 617.87, means the
12.15person in whose name the building or affected portion is recorded with the county auditor
12.16for taxation purposes. a person having legal title to the premises, a mortgagee or vendee in
12.17possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership
12.18or control of the premises.

12.19    Sec. 16. Minnesota Statutes 2008, section 617.80, is amended by adding a subdivision
12.20to read:
12.21    Subd. 7a. Occupant. "Occupant" means a person who occupies or resides in a
12.22building or rental unit with the permission of the owner or a tenant or lessee.

12.23    Sec. 17. Minnesota Statutes 2008, section 617.81, subdivision 2, is amended to read:
12.24    Subd. 2. Acts constituting a nuisance. (a) For purposes of sections 617.80 to
12.25617.87 , a public nuisance exists (1) upon proof of one or more separate behavioral
12.26incidents described in item (i), (v), or (viii), or (ix), or (2) upon proof of two or more
12.27separate behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), or (ix) (x),
12.28committed within the previous 12 months within the building:
12.29(i) prostitution or prostitution-related activity committed within the building;
12.30(ii) gambling or gambling-related activity committed within the building;
12.31(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);
12.32(iv) permitting a public nuisance in violation of section 609.745;
13.1(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
13.2use of controlled substances committed within the building;
13.3(vi) unlicensed sales of alcoholic beverages committed within the building in
13.4violation of section 340A.401;
13.5(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person
13.6committed within the building in violation of section 340A.503, subdivision 2, clause (1);
13.7(viii) unlawful sales or gifts of alcoholic beverages committed within the building
13.8in violation of section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple
13.9violations occur during the same behavioral incident when the building is not occupied by
13.10the owner or a tenant, lessee, or occupant;
13.11(ix) unlawful use or possession of a dangerous weapon as defined in section 609.02,
13.12subdivision 6 , committed within the building; or
13.13(ix) (x) violation by a commercial enterprise of local or state business licensing
13.14regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
13.15defined in section 609.74 or the control of a public nuisance as defined in section 609.745.
13.16(b) If the building contains more than one rental unit, two or more behavioral
13.17incidents must consist of conduct:
13.18(1) anywhere in the building by the same tenant or, lessee, occupant, or persons
13.19acting in conjunction with or under the control of the same tenant or, lessee, or occupant;
13.20(2) by any persons within the same rental unit while occupied by the same tenant
13.21or, lessee, or occupant, or within two or more rental units while occupied by the same
13.22tenant or, lessee, or occupant; or
13.23(3) by the owner of the building or persons acting in conjunction with or under
13.24the control of the owner.
13.25(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
13.26nuisance is established by clear and convincing evidence.

13.27    Sec. 18. Minnesota Statutes 2008, section 617.81, subdivision 4, is amended to read:
13.28    Subd. 4. Notice. (a) If a prosecuting attorney has reason to believe that a nuisance is
13.29maintained or permitted in the jurisdiction the prosecuting attorney serves, and intends to
13.30seek abatement of the nuisance, the prosecuting attorney shall provide the written notice
13.31described in paragraph (b), by personal service or certified mail, return receipt requested,
13.32to the owner all owners and all interested parties known to the prosecuting attorney.
13.33(b) The written notice must:
13.34(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the
13.35building and must specify the kind or kinds of nuisance being maintained or permitted;
14.1(2) summarize the evidence that a nuisance is maintained or permitted in the
14.2building, including the date or dates on which nuisance-related activity or activities are
14.3alleged to have occurred;
14.4(3) inform the recipient that failure to abate the conduct constituting the nuisance or
14.5to otherwise resolve the matter with the prosecuting attorney within 30 days of service of
14.6the notice may result in the filing of a complaint for relief in district court that could, among
14.7other remedies, result in enjoining the use of the building for any purpose for one year or,
14.8in the case of a tenant, lessee, or possessor, could result in cancellation of the lease; and
14.9(4) inform the owner of the options available under section 617.85.