SF 2398

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real estate; amending Minnesota Statutes 
  1.3             1994, sections 279.06, subdivision 1; 279.37, by 
  1.4             adding a subdivision; and 281.17; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 281. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 279.06, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [LIST AND NOTICE.] Within five days after 
  1.10  the filing of such list, the court administrator shall return a 
  1.11  copy thereof to the county auditor, with a notice prepared and 
  1.12  signed by the court administrator, and attached thereto, which 
  1.13  may be substantially in the following form: 
  1.14     State of Minnesota        )                            
  1.15                               ) ss.                        
  1.16     County of ............... )                            
  1.17                                              District Court
  1.18                               .......... Judicial District.
  1.19     The state of Minnesota, to all persons, companies, or 
  1.20  corporations who have or claim any estate, right, title, or 
  1.21  interest in, claim to, or lien upon, any of the several parcels 
  1.22  of land described in the list hereto attached: 
  1.23     The list of taxes and penalties on real property for the 
  1.24  county of ............................... remaining delinquent 
  1.25  on the first Monday in January, 19....., has been filed in the 
  2.1   office of the court administrator of the district court of said 
  2.2   county, of which that hereto attached is a copy.  Therefore, 
  2.3   you, and each of you, are hereby required to file in the office 
  2.4   of said court administrator, on or before the 20th day after the 
  2.5   publication of this notice and list, your answer, in writing, 
  2.6   setting forth any objection or defense you may have to the 
  2.7   taxes, or any part thereof, upon any parcel of land described in 
  2.8   the list, in, to, or on which you have or claim any estate, 
  2.9   right, title, interest, claim, or lien, and, in default thereof, 
  2.10  judgment will be entered against such parcel of land for the 
  2.11  taxes on such list appearing against it, and for all penalties, 
  2.12  interest, and costs.  Based upon said judgment, the land shall 
  2.13  be sold to the state of Minnesota on the second Monday in May, 
  2.14  19...  The period of redemption for all lands sold to the state 
  2.15  at a tax judgment sale shall be three years from the date of 
  2.16  sale to the state of Minnesota if the land is within an 
  2.17  incorporated area unless it is: 
  2.18     (a) nonagricultural homesteaded land as defined in section 
  2.19  273.13, subdivision 22; 
  2.20     (b) homesteaded agricultural land as defined in section 
  2.21  273.13, subdivision 23, paragraph (a); or 
  2.22     (c) seasonal recreational land as defined in section 
  2.23  273.13, subdivisions 22, paragraph (c), and 25, paragraph (c), 
  2.24  clause (5), in which event the period of redemption is five 
  2.25  years from the date of sale to the state of Minnesota; or 
  2.26     (d) the property is abandoned and pursuant to section 
  2.27  281.173 a court order has been entered shortening the redemption 
  2.28  period to five weeks. 
  2.29     The period of redemption for all other lands sold to the 
  2.30  state at a tax judgment sale shall be five years from the date 
  2.31  of sale.  
  2.32     Inquiries as to the proceedings set forth above can be made 
  2.33  to the county auditor of ..... county whose address is ..... .  
  2.34      (Signed) ............................................., 
  2.35      Court Administrator of the District Court of the County 
  2.36      of .................................................... 
  3.1       (Here insert list.) 
  3.2      The list referred to in the notice shall be substantially 
  3.3   in the following form: 
  3.4      List of real property for the county of 
  3.5   ......................., on which taxes remain delinquent on the 
  3.6   first Monday in January, 19...: 
  3.7                         Town of (Fairfield), 
  3.8                      Township (40), Range (20), 
  3.9    Names (and 
  3.10   Current Filed 
  3.11   Addresses) for 
  3.12   the Taxpayers 
  3.13   and Fee Owners 
  3.14   and in Addition 
  3.15   Those Parties 
  3.16   Who Have Filed 
  3.17   Their Addresses                            Tax 
  3.18   Pursuant to     Subdivision of            Parcel   Total Tax 
  3.19   section 276.041    Section       Section  Number  and Penalty
  3.20                                                       $ cts.
  3.21   John Jones  S.E. 1/4 of S.W. 1/4    10    23101       2.20  
  3.22   (825 Fremont  
  3.23   Fairfield, MN 
  3.24   55000) 
  3.25   Bruce Smith  That part of N.E. 1/4 
  3.26   (2059 Hand   of S.W. 1/4 desc. as 
  3.27   Fairfield,   follows:  Beg. at the 
  3.28   MN 55000)    S.E. corner of said 
  3.29   and          N.E. 1/4 of S.W. 1/4;  
  3.30   Fairfield    thence N. along the E.  
  3.31   State Bank   line of said N.E. 1/4 
  3.32   (100 Main    of S.W. 1/4 a distance 
  3.33   Street       of 600 ft.; thence W. 
  3.34   Fairfield,   parallel with the S. 
  3.35   MN 55000)    line of said N.E. 1/4 
  3.36                of S.W. 1/4 a distance 
  4.1                 of 600 ft.; thence S. 
  4.2                 parallel with said E. 
  4.3                 line a distance of 600 
  4.4                 ft. to S. line of said 
  4.5                 N.E. 1/4 of S.W. 1/4;
  4.6                 thence E. along said S. 
  4.7                 line a distance of 600 
  4.8                 ft. to the point of 
  4.9                 beg. ...............    21    33211       3.15  
  4.10     As to platted property, the form of heading shall conform 
  4.11  to circumstances and be substantially in the following form:  
  4.12                        City of (Smithtown) 
  4.13                  Brown's Addition, or Subdivision 
  4.14   Names (and 
  4.15   Current Filed 
  4.16   Addresses) for 
  4.17   the Taxpayers 
  4.18   and Fee Owners 
  4.19   and in Addition 
  4.20   Those Parties 
  4.21   Who have Filed 
  4.22   Their Addresses                         Tax 
  4.23   Pursuant to                            Parcel      Total Tax 
  4.24   section 276.041     Lot     Block      Number     and Penalty
  4.25                                                       $ cts 
  4.26   John Jones           15         9      58243          2.20 
  4.27   (825 Fremont 
  4.28   Fairfield, 
  4.29   MN 55000) 
  4.30   Bruce Smith          16         9      58244          3.15 
  4.31   (2059 Hand 
  4.32   Fairfield, 
  4.33   MN 55000) 
  4.34   and 
  4.35   Fairfield 
  4.36   State Bank 
  5.1    (100 Main Street 
  5.2    Fairfield, 
  5.3    MN 55000) 
  5.4      The names, descriptions, and figures employed in 
  5.5   parentheses in the above forms are merely for purposes of 
  5.6   illustration. 
  5.7      The name of the town, township, range or city, and addition 
  5.8   or subdivision, as the case may be, shall be repeated at the 
  5.9   head of each column of the printed lists as brought forward from 
  5.10  the preceding column.  
  5.11     Errors in the list shall not be deemed to be a material 
  5.12  defect to affect the validity of the judgment and sale. 
  5.13     Sec. 2.  Minnesota Statutes 1994, section 279.37, is 
  5.14  amended by adding a subdivision to read: 
  5.15     Subd. 11.  This section shall not apply in cases where the 
  5.16  redemption period has been shortened to five weeks pursuant to 
  5.17  section 281.173. 
  5.18     Sec. 3.  Minnesota Statutes 1994, section 281.17, is 
  5.19  amended to read: 
  5.20     281.17 [PERIOD FOR REDEMPTION.] 
  5.21     Except for properties for which the period of redemption 
  5.22  has been limited to five weeks under section 281.173, the 
  5.23  following periods for redemption apply. 
  5.24     The period of redemption for all lands sold to the state at 
  5.25  a tax judgment sale shall be three years from the date of sale 
  5.26  to the state of Minnesota if the land is within an incorporated 
  5.27  area unless it is:  (a) nonagricultural homesteaded land as 
  5.28  defined in section 273.13, subdivision 22; (b) homesteaded 
  5.29  agricultural land as defined in section 273.13, subdivision 23, 
  5.30  paragraph (a); or (c) seasonal recreational land as defined in 
  5.31  section 273.13, subdivision 22, paragraph (c), or 25, paragraph 
  5.32  (c), clause (5), for which the period of redemption is five 
  5.33  years from the date of sale to the state of Minnesota. 
  5.34     The period of redemption for homesteaded lands as defined 
  5.35  in section 273.13, subdivision 22, located in a targeted 
  5.36  neighborhood as defined in Laws 1987, chapter 386, article 6, 
  6.1   section 4, and sold to the state at a tax judgment sale is three 
  6.2   years from the date of sale.  The period of redemption for all 
  6.3   lands located in a targeted neighborhood as defined in Laws 
  6.4   1987, chapter 386, article 6, section 4, except (1) homesteaded 
  6.5   lands as defined in section 273.13, subdivision 22, and (2) for 
  6.6   periods of redemption beginning after June 30, 1991, but before 
  6.7   July 1, 1996, lands located in the Loring Park targeted 
  6.8   neighborhood on which a notice of lis pendens has been served, 
  6.9   and sold to the state at a tax judgment sale is one year from 
  6.10  the date of sale. 
  6.11     The period of redemption for all real property constituting 
  6.12  a mixed municipal solid waste disposal facility that is a 
  6.13  qualified facility under section 115B.39, subdivision 1, is one 
  6.14  year from the date of the sale to the state of Minnesota. 
  6.15     The period of redemption for all other lands sold to the 
  6.16  state at a tax judgment sale shall be five years from the date 
  6.17  of sale, except that the period of redemption for nonhomesteaded 
  6.18  agricultural land as defined in section 273.13, subdivision 23, 
  6.19  paragraph (b), shall be two years from the date of sale if at 
  6.20  that time that property is owned by a person who owns one or 
  6.21  more parcels of property on which taxes are delinquent, and the 
  6.22  delinquent taxes are more than 25 percent of the prior year's 
  6.23  school district levy. 
  6.24     Sec. 4.  [281.173] [FIVE-WEEK REDEMPTION PERIOD FOR CERTAIN 
  6.25  ABANDONED PROPERTIES.] 
  6.26     Subdivision 1.  [APPLICATION.] This section applies if at 
  6.27  any time after the tax sale as provided in section 280.01 has 
  6.28  occurred but before notice of expiration of time for redemption 
  6.29  has been given, a court order is entered reducing to five weeks 
  6.30  the redemption period during which the owner, the owner's 
  6.31  personal representatives and assigns, or any other person 
  6.32  holding an interest in the premises, may redeem the premises in 
  6.33  accordance with the provisions of this chapter. 
  6.34     Subd. 2.  [SUMMONS AND COMPLAINT.] Any city, housing and 
  6.35  redevelopment authority, port authority, or economic development 
  6.36  authority, in which the premises are located may commence an 
  7.1   action in district court to reduce the period otherwise allowed 
  7.2   for redemption under this chapter.  The action must be commenced 
  7.3   by the filing of a complaint, naming as defendants the record 
  7.4   fee owners or the owner's personal representative, or the 
  7.5   owner's heirs as determined by a court of competent 
  7.6   jurisdiction, contract for deed purchasers, mortgagees, assigns 
  7.7   of any of the above, the taxpayers as shown on the records of 
  7.8   the county auditor, the Internal Revenue Service of the United 
  7.9   States and the revenue department of the state of Minnesota if 
  7.10  tax liens against the owners or contract for deed purchasers 
  7.11  have been recorded or filed; and any other person the plaintiff 
  7.12  determines should be made a party.  The action shall be filed in 
  7.13  district court for the county in which the premises are 
  7.14  located.  The complaint must identify the premises by legal 
  7.15  description.  The complaint must allege (1) that the premises 
  7.16  are abandoned, (2) that the tax judgment sale pursuant to 
  7.17  section 280.01 has been made, and (3) notice of expiration of 
  7.18  the time for redemption has not been given. 
  7.19     The complaint must request an order reducing the redemption 
  7.20  period to five weeks.  When the complaint has been filed, the 
  7.21  court shall issue a summons commanding the person or persons 
  7.22  named in the complaint to appear before the court on a day and 
  7.23  at a place stated in the summons.  The appearance date shall be 
  7.24  not less than 15 nor more than 25 days from the date of the 
  7.25  issuing of the summons, except when the United States of America 
  7.26  is a party the date shall be set in accordance with applicable 
  7.27  federal law.  A copy of the filed complaint must be attached to 
  7.28  the summons. 
  7.29     Subd. 3.  [SERVICE OF SUMMONS AND COMPLAINT.] The summons 
  7.30  and complaint may be served by any person not named a party to 
  7.31  the action.  The summons and complaint must be served at least 
  7.32  seven days before the appearance date, in the manner provided 
  7.33  for service of a summons and complaint in a civil action in the 
  7.34  district court, and posted in a conspicuous place on the 
  7.35  premises.  If a defendant cannot be found in the state, then 
  7.36  upon an affidavit to that effect being filed with the court, the 
  8.1   summons and complaint may be served by sending a copy by 
  8.2   certified mail to the defendant's last known address, if any, at 
  8.3   least ten days before the appearance date.  Summons by certified 
  8.4   mail is complete upon mailing.  If personal or certified mail 
  8.5   service cannot be made on a defendant, then the plaintiff or 
  8.6   plaintiff's attorney may file an affidavit to that effect with 
  8.7   the court and service by posting the summons and complaint on 
  8.8   the premises is sufficient as to that defendant.  Service upon 
  8.9   the United States of America shall be made in accordance with 
  8.10  applicable federal law. 
  8.11     Subd. 4.  [HEARING; EVIDENCE; ORDER.] At the hearing on the 
  8.12  summons and complaint, the court shall enter an order reducing 
  8.13  the redemption period to five weeks from the date of the order, 
  8.14  if evidence is presented supporting the allegations in the 
  8.15  complaint and no appearance is made to oppose the relief 
  8.16  sought.  An affidavit by the sheriff or a deputy sheriff of the 
  8.17  county in which the premises are located, or of a building 
  8.18  inspector, zoning administrator, housing official, or other 
  8.19  municipal or county official having jurisdiction over the 
  8.20  premises, stating that the premises are not actually lawfully 
  8.21  occupied and further setting forth any of the following 
  8.22  supporting facts, is prima facie evidence of abandonment: 
  8.23     (1) windows or entrances to the premises are boarded up or 
  8.24  closed off, or multiple window panes are broken and unrepaired; 
  8.25     (2) doors to the premises are smashed through, broken off, 
  8.26  unhinged, or continuously unlocked; 
  8.27     (3) gas, electric, or water service to the premises has 
  8.28  been terminated; 
  8.29     (4) rubbish, trash, or debris has accumulated on the 
  8.30  premises; 
  8.31     (5) the police or sheriff's office has received at least 
  8.32  two reports of trespassers on the premises, or of vandalism or 
  8.33  other illegal acts being committed on the premises; or 
  8.34     (6) the premises are deteriorating and are either below or 
  8.35  are in imminent danger of falling below minimum community 
  8.36  standards for public safety and sanitation. 
  9.1      The affidavit described above, or an affidavit from any 
  9.2   other person having personal knowledge, may state facts 
  9.3   supporting any other allegations in the complaint and is prima 
  9.4   facie evidence of the same.  Written statements of the owner, 
  9.5   the owner's personal representatives or assigns, including 
  9.6   documents of conveyance, which indicate a clear intent to 
  9.7   abandon the premises, are conclusive evidence of abandonment.  
  9.8   In the absence of affidavits or written statements, or if 
  9.9   rebuttal evidence is offered by the defendant or a party 
  9.10  lawfully claiming an interest through the defendant, the court 
  9.11  may consider any competent evidence, including oral testimony, 
  9.12  concerning any allegations in the complaint.  An order entered 
  9.13  under this section must contain specific findings of abandonment 
  9.14  and must contain a legal description of the premises. 
  9.15     Subd. 5.  [RECORDING AND SERVICE OF ORDER.] Within ten days 
  9.16  after the order is entered, a certified copy of the order must 
  9.17  be filed by the moving party with the office of the county 
  9.18  recorder or registrar of titles and with the auditor for the 
  9.19  county in which the premises are located.  Failure to file the 
  9.20  order within ten days shall not invalidate the proceedings. 
  9.21     Subd. 6.  [DUTY OF AUDITOR.] If the property is not 
  9.22  redeemed within five weeks (35 days) of the date of the order 
  9.23  the county auditor, without further notice, shall execute a 
  9.24  certificate as provided for in section 281.23, subdivision 9. 
  9.25     Subd. 7.  [HOMESTEAD STATUS.] This section applies 
  9.26  regardless of the subject property's homestead tax status at the 
  9.27  time of sale. 
  9.28     Subd. 8.  [EFFECTIVE DATE.] This section shall apply only 
  9.29  to tax judgment sales occurring after enactment which shall be 
  9.30  the day following final enactment. 
  9.31     Sec. 5.  [EFFECTIVE DAY.] 
  9.32     Sections 1 to 4 are effective the day following their final 
  9.33  enactment to apply to tax judgment sales occurring on and after 
  9.34  that effective day.