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Minnesota Legislature

Office of the Revisor of Statutes

SF 3609

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/19/2016 08:40am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20

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.

new text begin [604.25] CLAIM FOR COMMERCIAL APPROPRIATION.
new text end

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

new text begin (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.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin 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.
new text end