1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/19/2016 08:40am
A bill for an act
relating to civil actions; providing for survival of commercial appropriation
claims; proposing coding for new law in Minnesota Statutes, chapter 604.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, "governing instrument" means a will, trust, or other
dispositive or nominative document recognized by law.
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(b) A claim for commercial appropriation as it exists in common law is transferable
and descendible, in whole or in part, by contract, by means of a governing instrument,
or by intestacy under chapter 524. The claim survives the death of an individual
and exclusively vests in the persons entitled to the claim under a contract, governing
instrument, or intestacy.
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(c) The claim survives for a period of 50 years after death of the individual, subject
to the applicable statute of limitations.
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(d) The rights and remedies provided for in this section are cumulative and are in
addition to other rights and remedies under law.
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This section is effective the day following final enactment
and applies to causes of action that accrue on or after that date. This section applies to
the rights of a deceased individual who was domiciled in Minnesota at the time of the
individual's death.
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