SF 3609

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:

Section 1.

[604.25] CLAIM FOR COMMERCIAL APPROPRIATION.

(a) For purposes of this section, "governing instrument" means a will, trust, or other
dispositive or nominative document recognized by law.

(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.

(c) The claim survives for a period of 50 years after death of the individual, subject
to the applicable statute of limitations.

(d) The rights and remedies provided for in this section are cumulative and are in
addition to other rights and remedies under law.

EFFECTIVE DATE.

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.