SF 1147A

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 01/15/2013 08:28pm

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1147

1.2A bill for an act

1.3relating to real property; modifying provisions governing orders to secure vacant
1.4property; specifying notice requirements; modifying provisions governing the
1.5reduced redemption period for abandoned property; establishing a duty to
1.6protect vacant foreclosed property under certain circumstances; providing for
1.7the imposition of fines for failure to maintain property; altering the posting
1.8requirement for trespassing on construction sites; modifying provisions
1.9governing public nuisances; imposing civil and criminal penalties; amending
1.10Minnesota Statutes 2008, sections 463.251, subdivisions 2, 3; 504B.151,
1.11subdivision 1; 504B.178, subdivision 8; 580.021, subdivision 1; 580.04; 580.041,
1.12subdivision 1a; 580.042, subdivision 1; 582.031; 582.032, subdivisions 2, 4, 5;
1.13609.605, subdivision 1; 617.80, subdivision 7, by adding a subdivision; 617.81,
1.14subdivisions 2, 4.
1.15May 15, 2009
1.16The Honorable James P. Metzen
1.17President of the Senate
1.18The Honorable Margaret Anderson Kelliher
1.19Speaker of the House of Representatives
1.20We, the undersigned conferees for S.F. No. 1147 report that we have agreed upon
1.21the items in dispute and recommend as follows:
1.22That the House recede from its amendments and that S.F. No. 1147 be further
1.23amended as follows:
1.24Delete everything after the enacting clause and insert:

1.25    "Section 1. Minnesota Statutes 2008, section 463.251, subdivision 2, is amended to
1.26read:
1.27    Subd. 2. Order; notice. (a) If in any city a building becomes vacant or unoccupied
1.28and is deemed hazardous due to the fact that the building is open to trespass and has not
1.29been secured and the building could be made safe by securing the building, the governing
1.30body may order the building secured and shall cause notice of the order to be served upon
1.31the owner of record of the premises or the owner's agent, the taxpayer identified in the
1.32property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and
2.1any neighborhood association for the neighborhood in which the building is located that
2.2has requested notice, by delivering or mailing a copy to the owner or agent, the identified
2.3taxpayer, the holder of the mortgage or sheriff's certificate, and the neighborhood
2.4association, at the last known address. Service by mail is complete upon mailing.
2.5(b) The notice under this subdivision must include a statement that:
2.6(1) informs the owner and the holder of any mortgage or sheriff's certificate of
2.7the requirements of subdivision 3 and that costs may be assessed against the property if
2.8the person does not secure the building;
2.9(2) informs the owner and the holder of any mortgage or sheriff's certificate that the
2.10person may request a hearing before the governing body challenging the governing body's
2.11determination that the property is vacant or unoccupied and hazardous; and
2.12(3) notifies the holder of any sheriff's certificate of the holder's duty under section
2.13582.031, subdivision 1, paragraph (b), to enter the premises to protect the premises from
2.14waste and trespass if the order is not challenged or set aside and there is prima facie
2.15evidence of abandonment of the property as described in section 582.032, subdivision 7.

2.16    Sec. 2. Minnesota Statutes 2008, section 463.251, subdivision 3, is amended to read:
2.17    Subd. 3. Securing building by city; lien. If the owner of the building or a holder of
2.18the sheriff's certificate of sale fails to either comply or provide to the governing body a
2.19reasonable plan and schedule to comply with an order issued under subdivision 2 or to
2.20request a hearing on the order within six 14 days after the order is served, the governing
2.21body shall cause the building to be properly secured and the cost of securing the building
2.22may be charged against the real estate as provided in section 463.21. In the metropolitan
2.23area, as defined in section 473.121, subdivision 2, the governing body may work with
2.24neighborhood associations to develop and implement plans to secure vacant buildings in
2.25a timely and cost-effective fashion. The city may use rehabilitation and revitalization
2.26funds in implementing this section.

2.27    Sec. 3. Minnesota Statutes 2008, section 504B.151, subdivision 1, is amended to read:
2.28    Subdivision 1. Limitation on lease and notice to tenant. (a) Once a landlord has
2.29received notice of a contract for deed cancellation under section 559.21 or notice of a
2.30mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under
2.31chapter 581, the landlord may only enter into (i) a periodic residential lease agreement
2.32with a term of not more than two months or the time remaining in the contract cancellation
2.33period or the mortgagor's redemption period, whichever is less or (ii) a fixed term
2.34residential tenancy not extending beyond the cancellation period or the landlord's period
2.35of redemption until:
3.1(1) the contract for deed has been reinstated or paid in full;
3.2(2) the mortgage default has been cured and the mortgage reinstated;
3.3(3) the mortgage has been satisfied;
3.4(4) the property has been redeemed from a foreclosure sale; or
3.5(5) a receiver has been appointed.
3.6(b) Before entering into a lease under this section and accepting any rent or security
3.7deposit from a tenant, the landlord must notify the prospective tenant in writing that the
3.8landlord has received notice of a contract for deed cancellation or notice of a mortgage
3.9foreclosure sale as appropriate, and the date on which the contract cancellation period or
3.10the mortgagor's redemption period ends.
3.11(c) This section does not apply to a manufactured home park as defined in section
3.12327C.01, subdivision 5 .
3.13EFFECTIVE DATE.This section is effective August 1, 2009, and applies to leases
3.14entered into on or after that date.

3.15    Sec. 4. Minnesota Statutes 2008, section 504B.178, subdivision 8, is amended to read:
3.16    Subd. 8. Withholding rent. No tenant may withhold payment of all or any portion
3.17of rent for the last payment period of a residential rental agreement, except an oral or
3.18written month to month residential rental agreement concerning which neither the tenant
3.19nor landlord has served a notice to quit, or for the last month of a contract for deed
3.20cancellation period under section 559.21 or a mortgage foreclosure redemption period
3.21under chapter 580, 581, or 582, on the grounds that the deposit should serve as payment
3.22for the rent. Withholding all or any portion of rent for the last payment period of the
3.23residential rental agreement creates a rebuttable presumption that the tenant withheld the
3.24last payment on the grounds that the deposit should serve as payment for the rent. Any
3.25tenant who remains in violation of this subdivision after written demand and notice of this
3.26subdivision shall be liable to the landlord for the following:
3.27(1) a penalty in an amount equal to the portion of the deposit which the landlord
3.28is entitled to withhold under subdivision 3 other than to remedy the tenant's default in
3.29the payment of rent; and
3.30(2) interest on the whole deposit as provided in subdivision 2, in addition to the
3.31amount of rent withheld by the tenant in violation of this subdivision.
3.32EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
3.33cancellations of contracts for deed in which the notice of cancellation is first served or
3.34published on or after August 1, 2009, and mortgage foreclosures under chapter 581 in
3.35which the lis pendens is recorded on or after August 1, 2009.

4.1    Sec. 5. Minnesota Statutes 2008, section 580.021, subdivision 1, is amended to read:
4.2    Subdivision 1. Applicability. This section applies to foreclosure of mortgages by
4.3advertisement under this chapter and foreclosure of mortgages by action under chapter
4.4581 on property consisting of one to four family dwelling units, one of which the owner
4.5occupies as the owner's principal place of residency on the date of service of the notice of
4.6sale of the owner when the notice of pendency under section 580.032 or the lis pendens
4.7for a foreclosure under chapter 581 is recorded.
4.8EFFECTIVE DATE.This section is effective for foreclosures in which the notice
4.9of pendency under section 580.032 or the lis pendens for a foreclosure under chapter
4.10581 is recorded on or after August 1, 2009.

4.11    Sec. 6. Minnesota Statutes 2008, section 580.04, is amended to read:
4.12580.04 REQUISITES OF NOTICE.
4.13Each notice shall specify or contain:
4.14(1) the name of the mortgagor, the mortgagee, each assignee of the mortgage, if any,
4.15and the original or maximum principal amount secured by the mortgage;
4.16(2) the date of the mortgage, and when and where recorded, except where the
4.17mortgage is upon registered land, in which case the notice shall state that fact, and when
4.18and where registered;
4.19(3) the amount claimed to be due on the mortgage on the date of the notice;
4.20(4) a description of the mortgaged premises, conforming substantially to that
4.21contained in the mortgage, and the commonly used street address of the mortgaged
4.22premises;
4.23(5) the time and place of sale;
4.24(6) the time allowed by law for redemption by the mortgagor, the mortgagor's
4.25personal representatives or assigns; and
4.26(7) if the party foreclosing the mortgage desires to preserve the right to reduce the
4.27redemption period under section 582.032 after the first publication of the notice, the
4.28notice must also state for mortgaged premises described in section 582.032, subdivision
4.291, the following statement in capital letters: "THE TIME ALLOWED BY LAW
4.30FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL
4.31REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A
4.32JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION
4.33582.032 , DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED
4.34PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN
5.1FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION,
5.2AND ARE ABANDONED."
5.3EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
5.4notices of sale first published on or after that date.

5.5    Sec. 7. Minnesota Statutes 2008, section 580.041, subdivision 1a, is amended to read:
5.6    Subd. 1a. Applicability. This section applies to foreclosure of mortgages by
5.7advertisement under this chapter and foreclosure of mortgages by action under chapter
5.8581 on property consisting of one to four family dwelling units, one of which the owner
5.9occupies as the owner's principal place of residency on the date of service of the notice of
5.10sale on the owner when the notice of pendency under section 580.032 or the lis pendens
5.11for a foreclosure under chapter 581 is recorded.
5.12EFFECTIVE DATE.This section is effective for foreclosures in which the notice
5.13of pendency under section 580.032 or the lis pendens for a foreclosure under chapter
5.14581 is recorded on or after August 1, 2009.

5.15    Sec. 8. Minnesota Statutes 2008, section 580.042, subdivision 1, is amended to read:
5.16    Subdivision 1. Applicability. This section applies to foreclosure of mortgages by
5.17advertisement under this chapter and foreclosure of mortgages by action under chapter
5.18581 on property consisting of one to four family dwelling units, one or more of which
5.19are occupied by a tenant as a residence.
5.20EFFECTIVE DATE.This section is effective for foreclosures in which the notice
5.21of pendency under section 580.032 or the lis pendens for a foreclosure under chapter
5.22581 is recorded on or after August 1, 2009.

5.23    Sec. 9. Minnesota Statutes 2008, section 582.031, is amended to read:
5.24582.031 LIMITED RIGHT OF ENTRY; DUTY TO ENTER AND PROTECT
5.25PREMISES.
5.26    Subdivision 1. Right of entry. (a) If premises described in a mortgage or sheriff's
5.27certificate are vacant or unoccupied, the holder of the mortgage or sheriff's certificate or
5.28the holder's agents and contractors may, but is under no obligation to, enter upon the
5.29premises to protect the premises from waste and trespass, until the holder of the mortgage
5.30or sheriff's certificate receives notice that the premises are occupied. The holder of the
5.31mortgage or sheriff's certificate does not become a mortgagee in possession by taking
5.32actions authorized or required under this section. An affidavit of the sheriff, the building
5.33or housing regulatory authority of a municipality in which the property is located, the
6.1holder of the mortgage or sheriff's certificate, or a person acting on behalf of the holder,
6.2describing the premises and stating that the same are vacant or unoccupied, is prima facie
6.3evidence of the facts stated in the affidavit and is entitled to be recorded in the office of the
6.4county recorder or the registrar of titles in the county where the premises are located, if it
6.5contains a legal description of the premises.
6.6    (b) If the holder of a sheriff's certificate knows that there is prima facie evidence of
6.7abandonment of the property, as described in section 582.032, subdivision 7, clauses (1)
6.8to (6), the holder or the holder's agents:
6.9    (1) shall enter the premises and make reasonable periodic inspections, install or
6.10change the locks on all doors, install locks on all windows that do not have locks, and
6.11ensure that any existing window locks are functioning properly; and
6.12    (2) may, to protect the premises from waste, trespass, or falling below minimum
6.13community standards for public safety and sanitation, enter the premises and board
6.14windows, doors, and other openings; install and operate an alarm system; and otherwise
6.15prevent or minimize damage to the premises from the elements, vandalism, trespass,
6.16or other illegal activity.
6.17    (c) Upon an installation or change of locks as required by this section, the holder of
6.18a sheriff's certificate must deliver a key to the premises to the mortgagor or any person
6.19lawfully claiming through the mortgagor, upon request.
6.20    Subd. 2. Authorized actions. The holder of the mortgage or sheriff's certificate may
6.21take the following actions to protect the premises from waste, trespass, or from falling
6.22below minimum community standards for public safety and sanitation: make reasonable
6.23periodic inspections,; install or change locks on doors and windows,; board windows,
6.24doors, and other openings; install and operate an alarm system,; and otherwise prevent or
6.25minimize damage to the premises from the elements, vandalism, trespass, or other illegal
6.26activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
6.27under this section, a key to the premises must be promptly delivered to the mortgagor or
6.28any person lawfully claiming through the mortgagor, upon request.
6.29    Subd. 3. Costs. All costs incurred by the holder of the mortgage or sheriff's
6.30certificate to protect the premises from waste or trespass or from falling below minimum
6.31community standards for public safety and sanitation may be added to the principal
6.32balance of the mortgage or the costs allowable upon redemption. The costs may bear
6.33interest to the extent provided in the mortgage and may be added to the redemption price
6.34if the costs are incurred after a foreclosure sale. If the costs are incurred after a foreclosure
6.35sale, the holder of any sheriff's certificate of sale or certificate of redemption must comply
6.36with the provisions of section 582.03. The provisions of this section are in addition to, and
7.1do not limit or replace, any other rights or remedies available to holders of mortgages and
7.2sheriff's certificates, at law or under the applicable mortgage agreements.

7.3    Sec. 10. Minnesota Statutes 2008, section 582.032, subdivision 2, is amended to read:
7.4    Subd. 2. Before foreclosure sale. Notwithstanding section 580.23 or 581.10, if at
7.5any time before the foreclosure sale but not more than 30 days before the first publication
7.6of the notice of sale, a court order is entered reducing the mortgagor's redemption period to
7.7five weeks under subdivision 7, after the mortgaged premises have been sold as provided in
7.8chapter 580 or 581, the mortgagor, and the mortgagor's personal representatives or assigns,
7.9within five weeks after the sale under chapter 580, or within five weeks after the date of
7.10the order confirming the sale under chapter 581, may redeem the mortgaged premises as
7.11provided in section 580.23, subdivision 1, or 581.10, as applicable. If an order is obtained
7.12after the first publication of the notice of sale, the five-week redemption period applies
7.13only if the notice of sale contained the statement required by section 580.04, clause (7).
7.14EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
7.15foreclosures for which the notice of sale is first published on or after that date.

7.16    Sec. 11. Minnesota Statutes 2008, section 582.032, subdivision 4, is amended to read:
7.17    Subd. 4. Summons and complaint. In a foreclosure by advertisement, the party
7.18foreclosing a mortgage or holding the sheriff's certificate of sale or the political subdivision
7.19in which the mortgaged premises are located may initiate a proceeding in district court
7.20to reduce the mortgagor's redemption period under this section. The proceeding must be
7.21initiated by the filing of a complaint, naming the mortgagor, or the mortgagor's personal
7.22representatives or assigns of record, as defendant, in district court for the county in which
7.23the mortgaged premises are located. If the proceeding is initiated by a political subdivision,
7.24the party foreclosing the mortgage or holding the sheriff's certificate of sale must also be
7.25named as a defendant, and the summons and complaint shall be delivered by certified
7.26mail to the foreclosing attorney. If the proceeding is commenced after the foreclosure
7.27sale, the holders of junior liens and interests entitled to notice under subdivision 3 must
7.28also be named as defendants. The complaint must identify the mortgaged premises by
7.29legal description and must identify the mortgage by the names of the mortgagor and
7.30mortgagee, and any assignee of the mortgagee; the date of its making; and pertinent
7.31recording information. The complaint must allege that the mortgaged premises are:
7.32(1) ten acres or less in size;
7.33(2) improved with a residential dwelling consisting of less than five units, which is
7.34not a model home or a dwelling under construction;
7.35(3) not property used in agricultural production; and
8.1(4) abandoned.
8.2The complaint must request an order reducing the mortgagor's redemption period
8.3to five weeks. When the complaint has been filed, the court shall issue a summons
8.4commanding the person or persons named in the complaint to appear before the court on a
8.5day and at a place stated in the summons. The appearance date shall be not less than 15
8.6nor more than 25 days from the date of the issuing of the summons. A copy of the filed
8.7complaint must be attached to the summons.

8.8    Sec. 12. Minnesota Statutes 2008, section 582.032, subdivision 5, is amended to read:
8.9    Subd. 5. Order to show cause. In a foreclosure by action, the plaintiff or the holder
8.10of the sheriff's certificate may make a motion to reduce the mortgagor's redemption period
8.11under this section. The political subdivision in which the mortgaged premises are located
8.12may intervene in the action and make a motion to reduce the redemption period. The
8.13motion must conform generally to the pleading requirements provided in subdivision 4.
8.14For purposes of the motion, the court has continuing jurisdiction over the parties and the
8.15mortgaged premises through the expiration of the redemption period. When the motion
8.16has been filed, the court shall issue an order to show cause commanding the parties it
8.17considers appropriate to appear before the court on a day and at a place stated in the order.
8.18The appearance date may not be less than 15 nor more than 25 days after the date of the
8.19order to show cause. A copy of the motion must be attached to the order to show cause.

8.20    Sec. 13. Minnesota Statutes 2008, section 582.032, subdivision 7, is amended to read:
8.21    Subd. 7. Hearing; evidence; order. At the hearing on the summons and complaint
8.22or order to show cause, the court shall enter an order reducing the mortgagor's redemption
8.23period as provided in subdivision 2 or 3, as applicable, if evidence is presented supporting
8.24the allegations in the complaint or motion and no appearance is made to oppose the relief
8.25sought. An affidavit by the sheriff or a deputy sheriff of the county in which the mortgaged
8.26premises are located, or of a building inspector, zoning administrator, housing official, or
8.27other municipal or county official having jurisdiction over the mortgaged premises, stating
8.28that the mortgaged premises are not actually occupied and further setting forth any of the
8.29following supporting facts, is prima facie evidence of abandonment:
8.30    (1) windows or entrances to the premises are boarded up or closed off, or multiple
8.31window panes are broken and unrepaired;
8.32    (2) doors to the premises are smashed through, broken off, unhinged, or continuously
8.33unlocked;
8.34    (3) gas, electric, or water service to the premises has been terminated;
8.35    (4) rubbish, trash, or debris has accumulated on the mortgaged premises;
9.1    (5) the police or sheriff's office has received at least two reports of trespassers on the
9.2premises, or of vandalism or other illegal acts being committed on the premises; or
9.3    (6) the premises are deteriorating and are either below or are in imminent danger of
9.4falling below minimum community standards for public safety and sanitation.
9.5    An affidavit of the party foreclosing the mortgage or holding the sheriff's certificate,
9.6or one of their agents or contractors, stating any of the above supporting facts, and that
9.7the affiant has changed locks on the mortgaged premises under section 582.031 and that
9.8for a period of ten days no party having a legal possessory right has requested entrance
9.9to the premises, is also prima facie evidence of abandonment. Either affidavit described
9.10above, or an affidavit from any other person having knowledge, may state facts supporting
9.11any other allegations in the complaint or motion and is prima facie evidence of the
9.12same. Written statements of the mortgagor, the mortgagor's personal representatives or
9.13assigns, including documents of conveyance, which indicate a clear intent to abandon the
9.14premises, are conclusive evidence of abandonment. In the absence of affidavits or written
9.15statements, or if rebuttal evidence is offered by the defendant or a party lawfully claiming
9.16through the defendant, the court may consider any competent evidence, including oral
9.17testimony, concerning any allegation in the complaint or motion. A defendant's failure
9.18to appear at the hearing after service of process in compliance with subdivision 6 is
9.19conclusive evidence of abandonment by the defendant, subject to vacation under Rule
9.2060.02 of the Minnesota Rules of Civil Procedure. An order entered under this section must
9.21contain a legal description of the mortgaged premises.
9.22EFFECTIVE DATE.This section is effective the day following final enactment
9.23and applies to orders issued before, on, or after the effective date.

9.24    Sec. 14. Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:
9.25    Subdivision 1. Misdemeanor. (a) The following terms have the meanings given
9.26them for purposes of this section.
9.27(1) "Premises" means real property and any appurtenant building or structure.
9.28(2) "Dwelling" means the building or part of a building used by an individual as a
9.29place of residence on either a full-time or a part-time basis. A dwelling may be part of a
9.30multidwelling or multipurpose building, or a manufactured home as defined in section
9.31168.002, subdivision 16 .
9.32(3) "Construction site" means the site of the construction, alteration, painting, or
9.33repair of a building or structure.
10.1(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
10.2person on whose behalf a building or dwelling is being constructed, altered, painted, or
10.3repaired and the general contractor or subcontractor engaged in that work.
10.4(5) "Posted," as used:
10.5(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches
10.6by 11 inches in a conspicuous place on the exterior of the building, or in a conspicuous
10.7place within the property on which the building is located. The sign must carry a general
10.8notice warning against trespass;
10.9(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches
10.10by 11 inches square in a conspicuous place on the exterior of the building that is under
10.11construction, alteration, or repair, and additional signs in at least two conspicuous places
10.12for each ten acres being protected. or in a conspicuous place within the area being
10.13protected. If the area being protected is less than three acres, one additional sign must
10.14be conspicuously placed within that area. If the area being protected is three acres but
10.15less than ten acres, two additional signs must be conspicuously placed within that area.
10.16For each additional full ten acres of area being protected beyond the first ten acres of
10.17area, two additional signs must be conspicuously placed within the area being protected.
10.18The sign must carry an appropriate a general notice and the name of the person giving
10.19the notice, followed by the word "owner" if the person giving the notice is the holder of
10.20legal title to the land on which the construction site is located or by the word "occupant"
10.21if the person giving the notice is not the holder of legal title but is a lawful occupant
10.22of the land warning against trespass; and
10.23(ii) (iii) in paragraph (b), clause (10), means the placement of signs that:
10.24(A) state "no trespassing" or similar terms carry a general notice warning against
10.25trespass;
10.26(B) display letters at least two inches high;
10.27(C) state that Minnesota law prohibits trespassing on the property; and
10.28(D) are posted in a conspicuous place and at intervals of 500 feet or less.
10.29(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
10.30of a building trades labor or management organization.
10.31(7) "Building" has the meaning given in section 609.581, subdivision 2.
10.32(b) A person is guilty of a misdemeanor if the person intentionally:
10.33(1) permits domestic animals or fowls under the actor's control to go on the land
10.34of another within a city;
10.35(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
10.36designate a point of a boundary, line or a political subdivision, or of a tract of land;
11.1(3) trespasses on the premises of another and, without claim of right, refuses to
11.2depart from the premises on demand of the lawful possessor;
11.3(4) occupies or enters the dwelling or locked or posted building of another, without
11.4claim of right or consent of the owner or the consent of one who has the right to give
11.5consent, except in an emergency situation;
11.6(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
11.7vegetables growing on the premises, without the permission of the owner or occupant;
11.8(6) enters or is found on the premises of a public or private cemetery without
11.9authorization during hours the cemetery is posted as closed to the public;
11.10(7) returns to the property of another with the intent to abuse, disturb, or cause
11.11distress in or threaten another, after being told to leave the property and not to return, if the
11.12actor is without claim of right to the property or consent of one with authority to consent;
11.13(8) returns to the property of another within one year after being told to leave the
11.14property and not to return, if the actor is without claim of right to the property or consent
11.15of one with authority to consent;
11.16(9) enters the locked or posted construction site of another without the consent of the
11.17owner or lawful possessor, unless the person is a business licensee; or
11.18(10) enters the locked or posted aggregate mining site of another without the consent
11.19of the owner or lawful possessor, unless the person is a business licensee.
11.20EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
11.21committed on or after that date.

11.22    Sec. 15. Minnesota Statutes 2008, section 617.80, subdivision 7, is amended to read:
11.23    Subd. 7. Owner. "Owner," for purposes of sections 617.80 to 617.87, means the
11.24person in whose name the building or affected portion is recorded with the county auditor
11.25for taxation purposes. a person having legal title to the premises, a mortgagee or vendee in
11.26possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership
11.27or control of the premises.

11.28    Sec. 16. Minnesota Statutes 2008, section 617.80, is amended by adding a subdivision
11.29to read:
11.30    Subd. 7a. Occupant. "Occupant" means a person who occupies or resides in a
11.31building or rental unit with the permission of the owner or a tenant or lessee.

11.32    Sec. 17. Minnesota Statutes 2008, section 617.81, subdivision 2, is amended to read:
11.33    Subd. 2. Acts constituting a nuisance. (a) For purposes of sections 617.80 to
11.34617.87 , a public nuisance exists (1) upon proof of one or more separate behavioral
12.1incidents described in item (i), (v), or (viii), or (ix), or (2) upon proof of two or more
12.2separate behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), or (ix) (x),
12.3committed within the previous 12 months within the building:
12.4(i) prostitution or prostitution-related activity committed within the building;
12.5(ii) gambling or gambling-related activity committed within the building;
12.6(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);
12.7(iv) permitting a public nuisance in violation of section 609.745;
12.8(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
12.9use of controlled substances committed within the building;
12.10(vi) unlicensed sales of alcoholic beverages committed within the building in
12.11violation of section 340A.401;
12.12(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person
12.13committed within the building in violation of section 340A.503, subdivision 2, clause (1);
12.14(viii) unlawful sales or gifts of alcoholic beverages committed within the building
12.15in violation of section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple
12.16violations occur during the same behavioral incident when the building is not occupied by
12.17the owner or a tenant, lessee, or occupant;
12.18(ix) unlawful use or possession of a dangerous weapon as defined in section 609.02,
12.19subdivision 6 , committed within the building; or
12.20(ix) (x) violation by a commercial enterprise of local or state business licensing
12.21regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
12.22defined in section 609.74 or the control of a public nuisance as defined in section 609.745.
12.23(b) If the building contains more than one rental unit, two or more behavioral
12.24incidents must consist of conduct:
12.25(1) anywhere in the building by the same tenant or, lessee, occupant, or persons
12.26acting in conjunction with or under the control of the same tenant or, lessee, or occupant;
12.27(2) by any persons within the same rental unit while occupied by the same tenant
12.28or, lessee, or occupant, or within two or more rental units while occupied by the same
12.29tenant or, lessee, or occupant; or
12.30(3) by the owner of the building or persons acting in conjunction with or under
12.31the control of the owner.
12.32(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
12.33nuisance is established by clear and convincing evidence.

12.34    Sec. 18. Minnesota Statutes 2008, section 617.81, subdivision 4, is amended to read:
12.35    Subd. 4. Notice. (a) If a prosecuting attorney has reason to believe that a nuisance is
12.36maintained or permitted in the jurisdiction the prosecuting attorney serves, and intends to
13.1seek abatement of the nuisance, the prosecuting attorney shall provide the written notice
13.2described in paragraph (b), by personal service or certified mail, return receipt requested,
13.3to the owner all owners and all interested parties known to the prosecuting attorney.
13.4(b) The written notice must:
13.5(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the
13.6building and must specify the kind or kinds of nuisance being maintained or permitted;
13.7(2) summarize the evidence that a nuisance is maintained or permitted in the
13.8building, including the date or dates on which nuisance-related activity or activities are
13.9alleged to have occurred;
13.10(3) inform the recipient that failure to abate the conduct constituting the nuisance or
13.11to otherwise resolve the matter with the prosecuting attorney within 30 days of service of
13.12the notice may result in the filing of a complaint for relief in district court that could, among
13.13other remedies, result in enjoining the use of the building for any purpose for one year or,
13.14in the case of a tenant, lessee, or occupant, could result in cancellation of the lease; and
13.15(4) inform the owner of the options available under section 617.85."
13.16Delete the title and insert:

13.17"A bill for an act

13.18relating to real property; modifying provisions governing orders to secure vacant
13.19property; specifying notice requirements; modifying provisions governing the
13.20reduced redemption period for abandoned property; establishing a duty to
13.21protect vacant foreclosed property under certain circumstances; providing for
13.22the imposition of fines for failure to maintain property; altering the posting
13.23requirement for trespassing on construction sites; modifying provisions
13.24governing public nuisances; imposing civil and criminal penalties; amending
13.25Minnesota Statutes 2008, sections 463.251, subdivisions 2, 3; 504B.151,
13.26subdivision 1; 504B.178, subdivision 8; 580.021, subdivision 1; 580.04; 580.041,
13.27subdivision 1a; 580.042, subdivision 1; 582.031; 582.032, subdivisions 2, 4, 5, 7;
13.28609.605, subdivision 1; 617.80, subdivision 7, by adding a subdivision; 617.81,
13.29subdivisions 2, 4."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Linda Higgins, Linda Scheid, Julianne OrtmanHouse Conferees: (Signed) Jeff Hayden, Joe Mullery, Mary Liz Holberg

14.1	We request the adoption of this report and repassage of the bill.
14.2	Senate Conferees:(Signed)
14.3	.....		.....
14.4	Linda Higgins		Linda Scheid
14.5	.....
14.6	Julianne Ortman
14.7	House Conferees:(Signed)
14.8	.....		.....
14.9	Jeff Hayden		Joe Mullery
14.10	.....
14.11	Mary Liz Holberg