SF 465

as introduced - 91st Legislature (2019 - 2020) Posted on 04/04/2019 09:33am

A bill for an act
relating to real property; providing a statutory form for making declarations about
certain restrictive covenants that are prohibited under state and federal law;
amending Minnesota Statutes 2018, section 507.18, subdivision 2, by adding
subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 507.18, subdivision 2, is amended to read:

Subd. 2.

Restriction only is void.

Every provision referred to in subdivision 1 shall be
void, new text begin regardless of the year the written instrument was executed, new text end but the instrument shall
have full force in all other respects and shall be construed as if no such provision were
contained therein.

Sec. 2.

Minnesota Statutes 2018, section 507.18, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Discharge of restrictive covenants related to protected classes. new text end

new text begin The owner
of any real property may file the statutory form provided in this section in any county where
the property is located to remove a restrictive covenant related to a protected class
permanently from the title. This process may be used for properties in the abstract title
system. The removal of the restrictive covenant is valid and enforceable under the law of
Minnesota when the statutory form, or a substantially similar form, is properly recorded.
For the purposes of this subdivision and subdivision 6, a "protected class" means race, color,
creed, ethnicity, religion, national origin, sex, marital status, or sexual orientation.
new text end

Sec. 3.

Minnesota Statutes 2018, section 507.18, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Filing; recording. new text end

new text begin (a) The county recorder must accept the statutory form
provided in this subdivision for recording when:
new text end

new text begin (1) the form has been executed before a notary; and
new text end

new text begin (2) the form contains the legal description of the property.
new text end

new text begin (b) The commissioner of commerce must provide electronic copies of the statutory form
in this subdivision to the public free of cost.
new text end

new text begin (c) The filing of this form does not alter or affect the duration or expiration of covenants,
conditions, or restrictions under section 500.20 and may not be used to extend the effect of
a covenant.
new text end

new text begin (d) The statutory form that follows may be used to remove restrictive covenants on
property that limit the ownership, occupancy, use, or financing based on protected class:
new text end

new text begin DISCHARGE OF RESTRICTIVE COVENANT AFFECTING PROTECTED CLASSES
new text end

new text begin Pursuant to Minnesota Statutes, section 507.18, any restrictive covenant affecting a
protected class, including covenants which were placed on the property with the intent of
restricting the use, occupancy, ownership, or financing because of a person's race, ethnicity,
or religious beliefs, is discharged and released from the land described herein.
new text end

new text begin I/we, .............................................................................................., solemnly swear that
the contents of this form are true to the best of my/our knowledge, except as to those matters
stated on information and belief, and that as to those matters I/we believe them to be true.
new text end

new text begin Name and Address of Owner(s) .............................................................................................
new text end

new text begin The real property owned by owner(s) is located in ................................. County,
Minnesota, and is legally described as follows:
new text end

new text begin OWNER(s), ...................................................................................., swears and affirms
that Owner(s) is/are 18 years of age or older and is/are not under any legal incapacity and
that the information provided in this form is true and correct based on the information
available and based on reasonable information and belief:
new text end

new text begin (1) a restrictive covenant which had the intent to restrict the use, occupancy, ownership,
or financing of this property based on a protected class, including race, ethnicity, or religion,
existed at one time related to the property described in this form;
new text end

new text begin (2) restrictive covenants relating to or affecting protected classes are unenforceable and
void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States
Constitution, and the Minnesota Constitution;
new text end

new text begin (3) Minnesota Statutes, section 507.18, allows for the discharge of a restrictive covenant
of the nature described herein through the use of this statutory form to permanently discharge
such covenants from the land described herein and release the current and future landowner(s)
from any such restrictive covenant related to or affecting protected classes;
new text end

new text begin (4) any covenant not related to protected classes but related to the real property described
herein shall have full force in all other respects; and
new text end

new text begin (5) the filing of this form does not alter or change the duration or expiration of covenants,
conditions, or restrictions under Minnesota Statutes, section 500.20.
new text end

new text begin The affiant(s) know(s) the matters herein stated are true and make(s) this affidavit for
the purpose of documenting the discharge of the illegal and unenforceable restrictive
covenants affecting protected classes.
new text end

	new text begin . new text end
	new text begin Affiant (Owner(s) Signature) new text end
new text begin Signed and sworn before me on ........................ (Date), by new text end
new text begin . (Affiant/Owner) new text end
	new text begin . new text end
	new text begin Signature of Notary new text end
new text begin Stamp new text end
new text begin My commission expires . new text end