Office of the Revisor of Statutes
Minnesota Session Laws - 1985, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 265-S.F.No. 1362
An act relating to statutes; revising the text of
certain laws to remove redundant and obsolete
language, to simplify grammar and syntax, and to
improve the style of language without causing changes
in the meaning of the laws affected; expanding the
mandatory free distribution of Minnesota Rules;
amending Minnesota Statutes 1984, section 14.47,
subdivision 8; chapters 35; 37; 92; 219; 315; 344;
390; 458; 589; 629; and 631; Laws 1959, chapter 699,
section 4; Laws 1961, chapter 545, section 1; Laws
1963, chapters 254, section 1; and 827, section 1;
Laws 1965, chapter 344, as amended; Laws 1967, chapter
541, section 1, as amended; Laws 1971, extra session,
chapter 35, sections 7, 8, and 9; Laws 1974, chapter
218; Laws 1975, chapter 326, section 1; Laws 1976,
chapter 234, section 3, as amended; Laws 1979,
chapters 269, section 1; and 303, article 10, section
16; Laws 1980, chapter 453, section 1; and chapter
595, section 5; Laws 1982, chapter 523, article 24,
section 2; Laws 1983, chapters 110, sections 1 and 2;
and 257, section 1; Laws 1984, chapters 397, section
1; 498, section 1; and 548, section 9; repealing
Minnesota Statutes 1984, sections 458.13; 458.16,
subdivision 3; 458.192, subdivision 3a; 458.41;
458.50; 458.51; 458.52; 458.54; 458.55; 458.56;
458.57; 458.58; and 458.60.
REVISOR'S BILL
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section. 1. Minnesota Statutes 1984, chapter 35, is
amended to read:
35.01 [DEFINITIONS.]
Subdivision 1. [TERMS SCOPE.] Unless the language or
context clearly indicates that a different meaning is intended,
the words defined in this section shall for the purposes of as
used in this chapter be given have the meanings ascribed to
given them.
Subd. 2. [THE BOARD OR THE; STATE BOARD.] "The board" or
"the state board" means the board of animal health.
Subd. 8 3. [LIVESTOCK, DOMESTIC ANIMALS.] "Livestock" and
"domestic animals" as used in chapter 35 includes "include
poultry."
Subd. 4. [PERSON.] "Person" means an individual, firm, or
corporation.
35.02 [BOARD OF ANIMAL HEALTH.]
Subdivision 1. [MEMBERS; OFFICERS.] The board shall
consist of has five members appointed by the governor with the
advice and consent of the senate., three shall be persons
engaged in the production of whom are producers of livestock in
the state;, and the other two of whom are practicing
veterinarians licensed in Minnesota. The dean of the college of
veterinary medicine of the University of Minnesota may serve as
consultant to the board without vote. Appointments to fill
unexpired terms shall must be made from the classes to which the
retiring members belong. The board shall elect a president and
a vice-president from among this number; also its members and a
veterinarian licensed in Minnesota, who is not a member, to be
its executive secretary and executive officer for a term of one
year and until his a successor qualifies. The board shall set
the duties of the secretary shall be prescribed by the board.
Subd. 2. [TERMS; COMPENSATION; REMOVAL; VACANCIES.] The
membership terms, compensation, removal of members, and filling
of vacancies on the board shall be as provided in are governed
by section 15.0575.
35.03 [POWERS, DUTIES, AND REPORTS.]
The board shall protect the health of the Minnesota
domestic animals of the state, and carry out the provisions of
this chapter;, making rules it may deem considers expedient to
that end those ends. It shall hold quarterly meetings at the
seat of government on the first Friday after the second Tuesday
in January, April, July, and October. Officers shall must be
elected at the April meeting. On or before October 1 of each
year the board shall issue publish an annual report which shall
be published.
35.04 [DUTY OF LOCAL BOARDS OF HEALTH.]
All Local boards of health shall assist the board in the
prevention, suppression, control, and eradication of contagious
and infectious dangerous diseases among domestic animals when
directed so to do so by the secretary or any member thereof of
the board. Two or more local boards may be required in
emergencies to cooperate in rendering such giving assistance.
When The rules of any local board conflict with those of the
state board, the latter shall prevail over conflicting local
board rules.
35.05 [AUTHORITY OF STATE BOARD.]
The state board may quarantine or kill any domestic animal
infected with, or which has been exposed to, any a contagious
and infectious dangerous disease.
The board may regulate or prohibit the arrival in, and
departure from, the state of infected or exposed animals so
infected or exposed, and, in case of violation of any rule or
prohibition, may detain any animal at its owner's cost expense.
The board may regulate or prohibit the bringing importation of
domestic animals into the state which, in its opinion, for any
reason, may injure the health of Minnesota livestock therein.
All Rules adopted by the board under authority of this
chapter shall must be published in the state register.
35.06 [REPORTING DISEASE; COMPELLING TESTIMONY.]
Every A person who knows, or has reason to
suspect, reasonably suspects that a contagious or infectious
disease exists in any a domestic animal shall immediately notify
the board. The board, or any member or authorized agent thereof
of the board, may examine, under oath, all persons believed to
have knowledge of the existence or threatening threat of disease
among domestic animals and, for this purpose, may take
depositions and compel witnesses to attend and testify.
35.063 [QUARANTINE MAINTAINED.]
The board is authorized and empowered to may establish and
maintain, at the owner's expense, a quarantine of any or all
domestic animals or poultry, or both, imported into the state
when, in its judgment, a quarantine is necessary to protect the
health of the Minnesota domestic animals or poultry of the state.
The quarantine shall must specify the its terms, conditions,
scope, and application thereof.
35.065 [MAY NOT BREAK QUARANTINE.]
Upon the establishment of the quarantine, It shall be is
unlawful for the owner or the person having the custody or
control of the domestic animals or poultry subject to the a
quarantine to remove them, or any of them, from the premises
where they their first come to rest location within the state
after the interstate shipment or transportation is completed,
until they are released by authority of the board.
35.069 [PENALTY.]
Any A person removing any who removes a domestic
animal or any poultry while subject to quarantine, as provided
in sections 35.063 and 35.065, in violation of the provisions
thereof, shall be quarantine is guilty of a misdemeanor.
35.08 [KILLING OF DISEASED ANIMALS.]
When If the board shall decide decides upon the killing of
an animal affected with the disease of tuberculosis,
paratuberculosis, or brucellosis, it shall notify the animal's
owner or keeper of the decision and when, in the judgment of. If
the board, through its executive secretary, orders that an
animal may be ordered transported for immediate slaughter by the
board, through its executive officer, to any abattoir where the
meat inspection division of the United States department of
agriculture maintains inspection, or where the animal disease
eradication division and plant health inspection service of the
United States department of agriculture or the board may
establish establishes field post-mortem inspection, the
owner shall must receive the value of the net salvage of the
carcass.
Before the animal is removed from the premises of the owner
, the representative or authorized agent of the board shall must
agree, in writing, with the owner in writing as to the value of
the animal;. In the absence of an agreement, there shall be
appointed three competent, disinterested persons, one appointed
by the board, one by the owner, and a third by the first two, to
shall appraise the animal at its full replacement cost-value
cost taking into consideration the purpose and use of the animal.
The appraisement made under this section shall must be in
writing, signed by the appraisers, and certified by the board to
the commissioner of finance, who shall draw a warrant on the
state treasurer for the amount due the owner.
35.09 [INSPECTION BEFORE KILLING; OWNER'S INDEMNITY.]
Subdivision 1. [GENERAL RULE.] Notwithstanding any
provision of this chapter to the contrary, neither cattle
affected with tuberculosis, paratuberculosis, or
brucellosis shall may not be killed as such for that reason
until they have been inspected by a veterinarian appointed by
the board, and are pronounced determined by him the
veterinarian to be so diseased have one of those diseases.
For each animal slaughtered because of tuberculosis,
paratuberculosis, or brucellosis, the value of the net salvage
of the carcass shall must be deducted from the appraised value
of the living animal;. Two-thirds of the remainder shall must
be paid to the owner by the state, except that in all cases
where. If the animal disease eradication division and plant
health inspection service of the United States department of
agriculture compensates the owner for the animal, in whole or in
part, then the amount of the compensation so received from the
federal government shall must be deducted from the amount of
indemnity payable by the state; provided, that in. No case
shall any payment may be more than $37.50 for a grade females
female or more than $75 for any a registered purebred animal,
and that no payment shall may be made unless the owner has
complied with all lawful rules of the board.
Subd. 2. [EXCEPTIONS.] The owner of an animal shall be is
entitled to the indemnity as herein provided in subdivision 1,
except in the following cases:
(1) Indemnity shall not be paid for steers;
(2) animals which have not been kept in good faith for one
year, or since their birth, in good faith, in the state;
(3) animals brought into the state, contrary to any
provision of law or rules of the board;
(4) animals diseased at the time of on arrival in this the
state;
(5) animals belonging to the United States;
(6) animals belonging to institutions maintained by the
state, a county, or a municipality;
(7) animals which the owner or claimant knew to be or
should have known were diseased or had notice thereof at the
time they came into his possession, or when the owner shall have
been guilty of negligence by wilfully exposing his animal
or were acquired;
(8) animals exposed to brucellosis, or if the through the
owner's negligence;
(9) animals which have been injected with brucellosis
vaccine, bacterin, or other preparations made from or through
the agency of Brucella Micro-organisms unless it was done in
compliance with the rules of the board;
(8) When the owner (10) animals belonging to a person who
has received indemnity as a result of a former inspection or
tests and has hereafter then introduced into his the same herd
any animals which theretofore had have not passed the tuberculin
or brucellosis test;
(9) Where (11) animals if the owner, agent, or person in
possession of the animal them has not complied with the rules of
the board with respect to animals condemned animals;
(10) When the (12) condemned animals which are not
destroyed within 15 days after the date of appraisal, or when
for which the owner refuses to sign the appraisal or report of
the members of the appraisal board, except that in extraordinary
circumstances and in meritorious cases and at the discretion of
the executive secretary and executive officer of the board the
time limit of 15 days may be extended an additional 15 days;
provided, that if the owner receives permission to do so from
the executive secretary and executive officer within 15 days of
the date of appraisal;
(11) No indemnity or compensation shall be paid for the
destruction of any (13) livestock affected with tuberculosis,
paratuberculosis, or brucellosis unless the entire herd of which
the affected livestock is a part, or from which the affected
livestock has originated, shall be is examined and tested under
the supervision of the board, in order to determine if they are
free from the disease;
(12) No indemnity or compensation shall be paid for the
destruction of any (14) livestock affected with tuberculosis,
paratuberculosis, or brucellosis unless the owner has carried
out the instructions of the board relating to the cleaning,
disinfection, and rendering the stables and premises in a
sanitary condition within 15 days from of the time of removal of
these the animals from the premises, except when, because of
inclement weather or other extenuating circumstances, the time
may be is extended by the executive officer secretary of the
board;
(13) No indemnity or compensation shall be paid for the
destruction of any (15) livestock affected with tuberculosis,
paratuberculosis, or brucellosis, if the owner has fed milk or
milk products derived from creameries and which have was
not been pasteurized, as required by state laws; and
(14) (16) animals owned by a nonresident if neither the
owner nor the owner's agent breed livestock in Minnesota.
If, at any time, the annual appropriation for payment of
indemnities becomes exhausted as a result of condemnation and
slaughter of animals, the board shall discontinue making further
official tests or to authorize authorizing tests, with the
exception that, if unless an owner signs a waiver, on blanks to
be furnished by the board, for of payment of indemnity for any
animals that may be condemned as the result of a test and
inspection, and releasing which releases the state from any
obligation to pay indemnity from any future appropriation;.
(15) When the owner is a nonresident and neither he nor his
duly authorized agent or agents are engaged in breeding
livestock in this state.
Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The
board may condemn and appraise nonreactors to the brucellosis
test and exposed cattle not eligible for test to be tested from
herds affected with brucellosis and may pay the owner the
difference between the appraisal value and the salvage value not
to exceed up to $300 for grade animals or $600 for purebred
registered animals, provided if the board through its executive
secretary and executive officer has determined according to
criteria adopted by the board that herd depopulation is
essential to the goal of bovine brucellosis eradication.
Indemnity payable by the state shall must be reduced by the
amount paid by the United States department of agriculture. No
indemnity shall may be paid for steers.
Subd. 3. [EMERGENCIES.] When it is determined by the board
that it is necessary to eradicate any dangerous, infectious,
communicable disease among domestic animals in the state, the
presence of which constitutes an emergency so declared by
resolution of the board or by the United States department of
agriculture, the board may take reasonable and necessary steps
to suppress and eradicate the disease. If the emergency is
declared by the United States department of agriculture, the
board may cooperate with the animal disease eradication division
and plant health inspection service of the United States
department of agriculture in the suppression and eradication of
the disease.
When an emergency has been declared, the board may appraise
and destroy animals affected with, or which have been exposed to
the disease, and appraise and destroy property in order to
remove the infection and complete the cleaning and disinfection
of the premises, and do any act and incur any other expense
reasonably necessary to suppress the disease. The board may
accept, on behalf of the state, the rules adopted by the
animal disease eradication division and plant health inspection
service of the United States department of agriculture
pertaining to the disease, authorized under an act of Congress,
or the portion thereof of the regulations deemed necessary,
suitable, or applicable, and to cooperate with the
animal disease eradication division and plant health inspection
service of the United States department of agriculture, in the
enforcement of the those rules so accepted; or it.
Alternatively, the board may follow the procedure only as to
quarantine or, inspection or, condemnation or, appraisal
or, destruction or, burial of animals, disinfection, and or
other acts deemed by it the board considers reasonably necessary
in for the suppression of the disease, as may be agreed upon and
adopted by the board and representatives or authorized agents of
the animal disease eradication division and plant health
inspection service of the United States department of
agriculture, provided when. If the procedures have been
followed under an emergency declared by the United States
department of agriculture, the total expense shall must be
shared equally between the state and federal governments.
Appraisals of animals affected with, or exposed to, the
disease, or contact animals, or property destroyed in order to
remove the infection and complete the cleaning and disinfection
of the premises where the animals are found, shall must be made
by an appraisal board consisting of a representative of the
board, a representative of the animal disease eradication
division and plant health inspection service of the United
States department of agriculture, and the owner of the animals,
or his authorized the owner's representative. Appraisals
shall must be in writing, and shall be signed by the appraisers,
and shall must be made at the true market value of all animals
and property appraised.
Upon destruction of the animals or property, or both, and
burial or other disposition of the carcasses of the animals in
accordance with the law and rules of the board and the animal
disease eradication division and plant health inspection service
of the United States department of agriculture, and the
completion of the cleaning and disinfection of the premises, the
board shall certify the appraisal to the commissioner of
finance, who shall draw a warrant on the state treasurer for the
proper amount thereof, payable to the owner. If the appraisal
is made in respect to animals or other property or both
destroyed under an emergency declared by the United States
department of agriculture, the commissioner of finance shall
draw a warrant on the state treasurer for one-half of the amount
thereof of the appraisal payable to the owner, and the remaining
one-half of the appraisal to must be paid by the federal
government under the cooperative arrangement; provided that. If
the disease is of a nature that any part of the carcasses of the
diseased or exposed animals, or any part thereof, may be
salvaged for human food or other purposes, the net amount of the
salvage paid to the owner shall must be deducted from the
appraisal, and the remainder shall must be paid to the owner by
the state or by the state and federal government in the manner
heretofore provided pursuant to this section.
35.10 [INDEMNITY SUBJECT TO LIEN OR MORTGAGE ON ANIMALS.]
When any If an animal is condemned and killed by the state
pursuant to law, and indemnity is provided, and the animal is
subject to a mortgage or other lien, and written notice of the
lien is given by the lienholder to the board or officer whose
duty it is to order payment of the indemnity, before the
indemnity is ordered paid, then the lien shall attach attaches
to the indemnity to the same extent it attached to the animal
and the indemnity shall be is payable to the owner and the
lienholder.
If the owner and lienholder shall execute and deliver to
the board or officer, on blanks to be furnished by the board or
officer, a written agreement providing for the distribution and
payment of an indemnity, payment shall must be made as specified
and directed in the agreement, a copy of which shall must be
transmitted by the board or officer to the officer by whom
payment is to be made; otherwise the indemnity shall must be
placed in the custody of the district court of the county in
which the animal was condemned, in the manner provided by the
rules of civil procedure for the deposit of moneys money claimed
adversely by two or more persons, and the state shall be is
relieved from further liability on account thereof for the
indemnity.
35.11 [EXPENSES OF AUTOPSIES AND APPRAISALS.]
The expense of autopsies and appraisals shall must be
defrayed by the state, except that, in cases of protest where
the animal is found infected, the charges of the expert
appointed by the owner shall be paid by him the owner. The
compensation of experts and appraisers shall must be fixed by
the board, which shall must approve, before payment all claims
made under this chapter. No employee of the board shall may
receive any fee for acting as an expert or appraiser.
35.12 [EXPENSES OF KILLING, BURIAL, AND QUARANTINE; LIEN.]
The expense of killing and burial or destruction of a
diseased animal, when if the killing was ordered by the board,
shall must be borne by the board. The expense of quarantine,
when if the animal is taken from the possession of its
owner, shall must be defrayed by the state. When If a
quarantined animal is left upon the premises of its owner or
keeper, he that person shall bear the expense. When If an
animal is quarantined while being shipped into the state, the
expense shall must be borne by the owner or keeper. When If the
owner or keeper of any animal becomes liable for an expense
incurred by the board under this chapter, the board shall have
has a lien on the animal, and may also maintain an action for
the amount.
35.13 [ENTRY TO PREMISES FORBIDDEN.]
During the prevalence among domestic animals of any of the
diseases referred to in this chapter, any owner or keeper of
these animals may post upon the premises a notice forbidding all
persons to enter any building or enclosure in which animals are
kept; and thereafter. No person shall so may then enter, except
a member or agent of the board.
35.14 [LIVESTOCK DETECTIVES FROM OTHER STATES.]
Any person duly commissioned by the governor, or the
livestock commission, or any other proper authority of another
state to may act as a livestock detective, may exercise his
powers as such in this state, consistently in accordance with
the laws thereof, Minnesota law upon paying a fee of $5 and
filing with the department of agriculture:
(1) His a commission or a certified copy thereof of it;
(2) a bond to the state in the penal sum of $2,000,
approved by the commissioner of agriculture, and conditioned for
the payment of all damages resulting to any person from any
wrongful seizure of property or other unlawful act within the
state, or other unlawful act done therein by him the person or
by any of his the person's deputies; and
(3) a stipulation that service upon the commissioner of
agriculture of any summons, order, notice, or process in a civil
action upon such the bond shall be a is sufficient service
upon him the person or his the person's deputies.
Thereupon The commissioner of agriculture shall issue
certificates to him, the person and to not exceeding no more
than three of the person's deputies appointed by him, and for
whose acts he shall be the person is responsible, authorizing
the holder to perform the duties herein referred to in this
section while such the commission is in force; and. Each
certificate holder may seize and hold any animal which he may
know, the person knows or have has reason to believe, has
strayed or been stolen from the state whence by which the
commission issued.
35.15 [TRANSPORTATION OF LIVESTOCK; COMPLIANCE WITH RULES.]
Subdivision 1. [IMPORTATION OF ANIMALS AND POULTRY.] It
shall be unlawful for any transportation company, owner or
driver of any truck for hire, or a private truck, or person, to
bring into the state, or drive or lead over the highways into
the state, any Animals or poultry may not be brought into the
state for work, feeding, breeding, dairy purposes, or sale or
resale except in compliance with the rules now or hereafter
adopted by of the board.
Subd. 2. [ENFORCEMENT.] Any A law compliance
representative of the board who believes, upon with reasonable
cause, that the law is being violated, shall have the authority
to may stop a truck on the public ways and to require the driver
to permit the inspection of inspect the health certificates or
permits for the any livestock being transported.
When engaged in stopping a truck hauling livestock the
compliance representative of the board shall be identified by a
lighted red signal with "Stop" printed on its face mounted on
the right front fender or hood of his the representative's
automobile, which signal shall have printed on its face the
word: "Stop". The automobile shall must also be equipped with
a flashing amber light of the type used by the Minnesota state
patrol and the light shall be mounted on the inside rear deck of
the automobile and shall which must be used when stopping a
truck. The automobile shall must have the words "Board of
Animal Health" clearly printed on the right front door.
A driver who fails or refuses to, or refuses to, stop
for this inspection when so directed to stop by a compliance
representative shall be is guilty of a misdemeanor.
35.16 [TRANSPORTATION COMPANIES TO HOLD LIVESTOCK AND
POULTRY.]
In any case where the If rules of the board have not been
complied with, transportation companies shall notify the board
and shall hold the animals or poultry at the first station
within Minnesota where there are suitable facilities for holding
animals or poultry for inspection by the board,. The inspection
to must be made at the owner's expense of the owner.
35.245 [CATTLE; SALE, LEASE, LOAN.]
Subdivision 1. [LIMITATION ON SALE.] No person shall may
sell or offer for sale any cattle over six months of age, except
steers and spayed heifers and calves of beef type and breed
under eight months of age, not known to be affected with
brucellosis, at public auction, livestock auction markets,
private stockyards or concentration points, mortgage foreclosure
sale sales or sale by order of any court court-ordered sales, or
lease or loan cattle for breeding purposes except under in
violation of the board's rules as may be prescribed by the
board, and. This subdivision does not apply to steers, spayed
heifers, or calves of beef type and breed which are under eight
months of age and not known to have brucellosis.
Subd. 1a. [UNTESTED; UNVACCINATED CATTLE.] No person shall
may sell or offer for sale except for immediate slaughter, or
consigned to a public stockyards under supervision of the United
States department of agriculture, cattle which have not been
tested and found free of brucellosis and unless for which a
certificate of test is furnished or posted as provided in
subdivision 2, unless the cattle have been vaccinated against
brucellosis in accordance with the rules of the board and a
certificate of vaccination is exhibited as provided in
subdivision 2, excepting. This subdivision does not apply to
cattle under 18 months of age of beef type sold for feeding
purposes as provided in subdivision 3, or to cattle sold for
immediate slaughter or consigned to a public stockyard under
supervision of the United States department of agriculture.
Subd. 2. [TESTS AND VACCINATION.] The A test and
vaccination shall must be made at the time and in the manner
prescribed by the board and a certificate of the test and
vaccination or both, approved by the board, shall must be
furnished to the purchaser by the vendor at the time of sale,
excepting. When cattle are sold at public auction and, a
certificate of test or vaccination or both is may be posted in a
place plainly visible to the purchasers at the sale, and the
auctioneer or other person conducting the sale shall publicly
announce prior to conducting the sale, that the certificate of
the test, or vaccination or both, approved by the board, has
been posted and is available for inspection. No auctioneer or
other person conducting a sale shall may conduct any public sale
in this state unless a certificate of the test or vaccination or
both, approved by the board shall be, is posted by the vendor of
the cattle at the time of the sale.
Subd. 3. [FEMALE CATTLE,; SALE WITHOUT TEST OR
VACCINATION.] Female cattle under 18 months of age of beef type
and breed may be sold in quarantine for feeding purposes without
a test for, or vaccination against brucellosis, pursuant to in
compliance with board rules prescribed by the board provided, if
the purchaser of the cattle furnishes the seller an affidavit
certifying the cattle are purchased for feeding purposes, and
will be maintained separate and kept apart from all other cattle
except other quarantined feeding cattle until they are resold
under affidavit, resold for immediate slaughter or until,
delivered to a public stockyard under supervision of the United
States department of agriculture, or tested in accordance
with the board rules of the board specifically relating to this
the class of cattle. Any person who purchases A purchaser of
cattle under the provisions of this section shall must comply
with the terms of the affidavit furnished the seller and shall
also comply with rules or quarantines prescribed by the board
pursuant to under this section.
Subd. 4. [BOARD MAY AUTHORIZE USE OF OTHER IDENTIFICATION
OTHER THAN VACCINATION CERTIFICATES.] The board may authorize
the use of ear tattoos, brands, or other suitable identification
instead of the vaccination certificate required by this section.
Subd. 5. [PENALTY.] Any person violating the provisions A
violation of this section or rules or quarantines of the board
adopted pursuant hereto shall be guilty of under this section is
a gross misdemeanor, and any auctioneer convicted of knowingly
conducting a sale of cattle in violation of this section, shall
upon conviction, forfeit his the auctioneer's license as an
auctioneer until the time its renewal is approved by the
authority which issued the license.
35.251 [ANAPLASMOSIS TESTING.]
All Breeding cattle entering Minnesota shall must have a
health certificate evidencing a negative test for anaplasmosis
conducted at a state or federal laboratory within 30 days of
entry. Cattle not so certified shall without a certificate must
be immediately quarantined and tested for anaplasmosis at the
expense of the cattle owner. Cattle having a positive reaction
to the anaplasmosis test shall must remain quarantined until
testing they test free of anaplasmosis or be slaughtered. An
anaplasmosis test shall is not be required of steers, cattle
shipped directly to a slaughtering establishment, cattle sent to
a quarantine feed lot, and other cattle excepted by board rule
of the board of animal health. The board is authorized to may
adopt rules to implement the provisions of this section.
35.255 [PSEUDORABIES PROGRAM; RULES.]
The board of animal health shall adopt rules to implement a
program to control pseudorabies in swine, including pseudorabies
testing of breeding swine and restricted movement of feeder pigs.
35.67 [RABIES; BOARD, HEALTH OFFICERS; DUTIES
INVESTIGATION.]
It shall be the duty of If the executive officer secretary
of the board, the chief health officer of each a city, the
executive officer of each a town board of health, and or the
board of health of a statutory city, when receives a written
complaint, in writing, shall have been made to him that rabies
exists in any a town, or city over which his in the officer's
or board's jurisdiction extends, and for the purposes of
sections 35.67 to 35.69 the jurisdiction of the state officer
herein named shall extend to any town, or city in this state,
to, the officer or board shall investigate, either personally or
through the agency of subordinate officers under his
jurisdiction, as to the truth of any the complaint, and
determine whether or not rabies does exist in any town or city.
Any An officer may, on his own motion, and without a complaint,
likewise also make an investigation and determination
independently, without having received a complaint. The fact
that an executive officer of a town or city has investigated and
determined that rabies does not exist in the territory over
which he has a jurisdiction, shall does not deprive the
executive officer secretary of the board of jurisdiction or
authority to make an investigation and determination with
reference to the territory. For the purposes of sections 35.67
to 35.69, the jurisdiction of the executive secretary of the
board is the entire state.
35.68 [RABIES; PROCLAMATION; PUBLICATION.]
If on investigation any An officer who investigates and
finds and determines that rabies does exist in any a town or
city, he shall forthwith and thereupon make and file, as
hereinbefore provided, a proclamation, setting forth the fact of
the investigation and determination, and also in and by the
proclamation prohibit which prohibits the owner or custodian of
any dog from permitting or allowing the dog to be at large
within the town or city designating it, unless the dog shall be
so is effectively muzzled so that it cannot bite any other
animal or any person.
When If the executive secretary and executive officer of
the board, after investigation, has determined that rabies
exists in any territory in the state, similar
proclamations shall must be issued in all towns and cities
within the territory or area in which it is necessary to control
the outbreak and prevent the spread of the disease; and. The
proclamation, when filed as hereinafter provided, shall must
prohibit the owner or custodian of any dog within the designated
territory from permitting or allowing the dog to be at large
within the territory unless the dog shall be so is effectively
muzzled so that it cannot bite any other animal or any person.
It shall be the duty of All local peace officers and all
health officers to shall enforce the provisions of sections
35.67 to 35.69 and any person violating any. A violation of
their provisions shall be guilty of sections 35.67 to 35.69 is a
misdemeanor.
A proclamation, when issued by the executive officer of a
town board of health, shall must be filed with the town clerk;
when. One issued by the chief health officer of a city, it
shall must be filed with the city clerk; when. One issued by
the state official hereinbefore named, it shall executive
secretary of the board must be filed with the clerk of each town
and city within the territory specified therein it covers.
It shall be the duty of Each officer with whom the
proclamation is filed, to shall publish a copy thereof of it in
one issue, at the expense of his municipality, in of a legal
newspaper published in the clerk's town or city of which he is
clerk, if a newspaper one is published therein, and there. If
no newspaper is published therein, then to there, the clerk must
post a copy of the proclamation in three public places.
Publication is at the expense of the municipality.
Proof of publication shall must be made by affidavit of the
publisher, in the one case, and proof of posting, in the
other, must be by the person doing the posting the same,
which. The affidavit shall must be filed with the
proclamation. The proclamation shall be deemed is effective and
in full force five days after the publication or posting of
copies thereof and shall remain in full force and effect remains
effective for a the period of time therein designated, not
exceeding six months, as shall be determined specified in it by
the officer making the proclamation.
35.69 [UNMUZZLED DOGS NOT PERMITTED AT LARGE.]
It shall be unlawful for The owner or custodian of any a
dog to suffer or may not permit it to be at large, either on the
premises of the owner or elsewhere, within any city or
town wherein and as to which any such covered by a proclamation
shall have been made under section 35.68, during the time such
the proclamation is in force, unless such the dog shall be is
effectively muzzled so that it cannot bite any other animal or
any person.
It shall be lawful for Any person to may kill any a dog
running at large on the public streets or roads in violation
of the provisions of sections 35.67 to 35.69, and. The owner or
owners of any the dog so killed shall have has no claim
against the person so killing any such who kills the dog.
It shall be the duty of all Peace officers and all health
officers to make complaint of shall file a complaint concerning
any known violation of these sections 35.67 to 35.69.
35.70 [VIOLATIONS; PENALTIES.]
Subdivision 1. [VIOLATION OF THIS CHAPTER.] Every person
violating any provision A violation of this chapter, except as
provided in subdivision 4, or any board rule made hereunder by
the board or any order made under the authority of this chapter,
shall be guilty of is a misdemeanor.
Subd. 3. [INFLUENCING A SALE.] It shall be unlawful for
any A veterinarian, who is an agent or representative of the
board, or any other public official, to may not suggest,
recommend, or in any manner endeavor try to influence or seek to
persuade the owner of any animal affected with any disease set
forth listed in section 35.08, directly or indirectly, to sell,
barter, exchange, ship, or otherwise dispose of the animal to
any particular person, firm, association, or corporation, or any
combination thereof; and any person violating any of the
provisions. A violation of sections section 35.08 and or
35.09 shall be guilty of is a gross misdemeanor.
Subd. 4. [TRANSPORTING LIVESTOCK.] Any A transportation
company, or corporation, or its agent thereof, or the owner
or driver of any truck for hire, any or private truck, or any
person or persons violating any of the provisions of
sections section 35.15 and or 35.16 shall be is guilty of a
gross misdemeanor. A transportation company, corporation, or
agent, or owner or driver of a truck for hire, a private truck,
or a person or persons shall be and is liable in a civil action
to any person injured for the full amount of damages that may
result from the violation of sections section 35.15 and or
35.16. Action may be brought in any county in the state in
which the cattle are sold, offered for sale, or delivered to a
purchaser, or anywhere they may be are detained in transit.
Subd. 7. [RABIES.] Any person violating any of the
provisions A violation of sections 35.67 to 35.69 shall be
guilty of is a misdemeanor.
35.71 [UNCLAIMED AND UNREDEEMED ANIMALS IMPOUNDED;
SCIENTIFIC USE OR OTHER DISPOSITION.]
Subdivision 1. [INSTITUTION DEFINED DEFINITIONS.] As used
in this section, "establishment" means any public or private
agency, person, society, or corporation having custody of
animals which are seized under the authority of the state or any
political subdivision of the state and "institution" means any a
school or college of agriculture, veterinary medicine, medicine,
pharmacy, or dentistry, or other an educational or scientific
establishment properly concerned with the investigation of, or
instruction concerning the structure or functions of living
organisms, or the cause, prevention, control, or cure of
diseases or abnormal conditions of human beings or animals.
Subd. 2. [APPLICATION FOR LICENSE.] Such institutions An
institution may apply to the board for a license to obtain
animals from establishments as defined in subdivision 3. If,
after investigation, the board finds that the institution making
request for requesting a license is a fit and proper agency
within the meaning of this section, to receive a license, and
that the public interest will be served thereby by granting it a
license, it the board may issue a license to such the
institution authorizing it to obtain animals hereunder, subject
to the restrictions and limitations herein provided under this
section.
Subd. 3. [ESTABLISHMENT DEFINED, POWERS, STRAY ANIMALS,;
SEIZURE, DISPOSITION.] "Establishment" shall include any public
or private agency, person, society or corporation having custody
of animals which are seized under the authority of the state or
any political subdivision of the state. All animals seized by
public authority shall must be held for redemption by the owner
for a period not less than at least five regular business days
of the impounding agency, or for a longer period of time
specified by municipal ordinance. For the purpose of this
subdivision, the term "regular business day" means any a day
during which the establishment having custody of an animal is
open to the public not less than four consecutive hours between
the hours of 8:00 A.M. and 7:00 P.M. These Establishments shall
must maintain the following records of the animals in custody,
and preserve the records for a minimum of at least six months:
(a) the description of the animal, by species, breed, sex,
approximate age, and other distinguishing traits;
(b) the location at which the animal was seized;
(c) the date of seizure;
(d) the name and address of the person from whom any animal
three months of age or over was received; and
(e) the name and address of the person to whom any animal
three months of age or over was transferred.
The records shall must be maintained in a form permitting
easy perusal by the public. A person may view the records
and may view any and all animals in custody at any time during
which the establishment is open to the public. At the end
of this the five-day period, all animals which remain unredeemed
by their owners or any other person entitled to do so shall must
be made available to any licensed institution licensed hereunder
which has submitted a prior request for the numbers which the
institution requests requested that number of animals. However,
if a tag affixed to the animal, or a statement by the animal's
owner after the animal's seizure, specifies that an the
animal shall may not be used for research, the animal shall must
not be made available to any institution but and may, in the
discretion of the establishment, be destroyed after the
expiration of the five-day period. If a request is made by a
licensed institution to an establishment for a larger number of
more animals than are available at the time of the request, the
establishment shall must withhold from destruction, all
unclaimed and unredeemed animals until the request has been
filled, provided that. The actual expense of holding animals
beyond the time of notice to the institution of their
availability, shall must be borne by the institution receiving
them. Any An establishment which fails or refuses to comply
with these provisions shall become immediately this section is
ineligible for any further public funds from any county or
municipality. Upon receipt of a sworn statement by an
authorized officer or employee of any a licensed
institution licensed hereunder of noncompliance by any
establishment with these provisions this section, it shall be
unlawful for the treasurer of any municipality or other
political subdivision of the state to may not pay any public
funds to an the establishment until the complainant withdraws
its statement of noncompliance or until the board shall either
determine determines that the complaint of noncompliance was
without foundation or that the establishment has given adequate
assurance of future compliance, and the treasurer of the
municipality or other political subdivision has been notified of
the determination in writing. If it appears upon the a person's
complaint of any person that any an officer, agent, or employee
of an establishment is violating or failing to carry out the
provisions of this section, the attorney general or county
attorney of the county in which the establishment is located, in
addition to any other remedies, may bring an action in the name
of the state of Minnesota against any the establishment,
officer, agent, or employee thereof to enjoin compliance with
this section.
Subd. 4. [TRANSPORTATION OF ANIMALS.] The A licensed
institution shall must provide, at its own expense, for the
transportation of such animals from the establishment to the
institution and shall must use them only in the conduct of its
scientific and educational activities and for no other purpose.
Subd. 5. [ANNUAL LICENSE FEE.] Each licensed institution
licensed under this section shall must pay an annual to the
board a license fee of $50 for each calendar year, or part
thereof, to the board of a calendar year. All such License fees
shall must be deposited in the general fund of the state of
Minnesota treasury.
Subd. 6. [REVOCATION OF LICENSE.] The board upon After 15
days days' written notice and an opportunity to be heard, the
board may revoke the license granted any institution (1) if the
institution has (1) violated any provisions of this section, or
(2) has failed to comply with the conditions required by of the
board in respect to the issuance of such its license.
Subd. 7. [RULES.] The board shall have the power to may
adopt rules, not inconsistent consistent with this section,
necessary to carry out the provisions of this section, and shall
have the right whenever it deems may, if the board considers it
advisable, or in the public interest, to inspect or investigate
any institution which has applied for a license or has been
granted a license hereunder under this section.
Subd. 8. [VIOLATIONS, PENALTIES PENALTY.] It shall be is a
misdemeanor for any person or corporation to violate any of the
provisions of this section.
35.72 [MILK OR CREAM; TESTING BY BOARD.]
Subdivision 1. [ESTABLISHMENT DEFINED.] As used in this
section "establishment" means any a creamery, milk or cream
collecting station, or any place of business where milk or cream
is purchased or assembled for processing or sale.
Subd. 2. [RIGHT OF ENTRY ON PREMISES.] The board or its
authorized agents shall have the right to may enter the premises
or buildings of any establishment or buildings located thereon
for the purpose of collecting to collect samples of milk or
cream delivered to such the establishment.
Subd. 3. [SAMPLES, PROCUREMENT.] Upon demand of the board
or its authorized agents, the operator of any an establishment
shall submit any or all containers of milk or cream delivered to
such the establishment to the board or agents of said board
before any milk or cream is removed therefrom, or any substance
or thing is added thereto, and shall allow such the board or
agent to procure take a sample of one ounce in weight or less of
such milk or cream from each container, such sample not to
exceed one ounce in weight, for the purpose of applying any
recognized test to determine the existence of disease in the
cattle which produced such the milk or cream.
Subd. 4. [NAMES, ADDRESSES.] The operator of the
establishment shall furnish the board or agents of the board,
the name and address of the person delivering each container of
milk or cream to the establishment, and the name and address of
the owner or caretaker of the cattle which produced such the
milk and or cream.
Subd. 5. [CONTAMINATION, PREVENTION.] The board or agent
of the board shall use due diligence to prevent contamination of
the milk or cream while procuring said samples, and to delay as
little as possible, the normal operation of the establishment.
Subd. 6. [VIOLATION, PENALTY.] Any person violating any
provision A violation of this section shall be guilty of is a
misdemeanor.
35.73 [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections 35.73
to 35.80 the terms defined in this section have the
meanings ascribed to them given.
Subd. 3. [PERSON.] "Person" means an individual, firm,
partnership, company, or corporation, including the state of
Minnesota, its public institutions and agencies, and all
political subdivisions of the state.
Subd. 4. [GARBAGE.] "Garbage" means refuse matter, animal
or vegetable, and includes refuse, including all waste material,
by-products of a kitchen, restaurant, or slaughter house, and
refuse accumulation of animal, fruit, or vegetable matter,
liquid or solid, but shall does not mean any vegetable waste or
by-products resulting from the manufacture or processing of
canned or frozen vegetables.
35.74 [EXCEPTIONS.]
Nothing in Sections 35.73 to 35.80 applies do not apply to
a person who feeds his own or her animals or poultry garbage
obtained only from his own or her private household.
35.75 [LICENSES.]
Subdivision 1. [REQUIREMENT, RENEWAL.] Except as provided
in section 35.74, No person shall feed garbage to any livestock
or poultry without first securing a license therefor from the
board, and no person shall transport garbage over the public
highways of this state for the purpose of feeding the same it to
livestock or poultry unless such the person has secured such a
license. Such A license shall must be renewed on or before the
first day of July each year.
Subd. 2. [APPLICATION.] Any A person desiring to obtain a
license or a the renewal thereof of a license to feed garbage to
livestock and poultry shall make written application therefor to
the board, in accordance with its rules.
Subd. 3. [REVOCATION; REFUSAL TO ISSUE.] Upon
determination that any a person having who has or has applied
for a license issued under sections 35.73 to 35.80, or who has
applied for a license thereunder, has violated or failed to
comply with any of the provisions of these sections 35.73 to
35.80 or any of the rules promulgated thereunder made under
those sections, the board may revoke such the license or refuse
to issue a license to an the applicant therefor.
35.76 [GARBAGE, TREATMENT.]
No person may feed garbage shall be fed to livestock or
poultry until it has been thoroughly heated to at least 212
degrees Fahrenheit for a continuous period of at least 30
minutes unless it is treated in some other manner which shall be
is approved in writing by the board as being equally effective
for the protection of public health and the control of livestock
diseases, and no person shall may knowingly permit livestock or
poultry owned or controlled by him or in his charge her to have
access to any garbage which has not been so heated or otherwise
treated as above provided pursuant to this section.
35.77 [QUARANTINE, PERMIT FOR REMOVAL OF LIVESTOCK OR
POULTRY.]
Except as provided in section 35.74, All premises on which
garbage is fed to livestock or poultry shall be are under
quarantine, shall and must be maintained in a reasonably
sanitary condition, and no. Livestock or poultry to which
garbage has been fed shall may not be removed from such the
premises except under a permit from the board.
35.78 [INSPECTION AND INVESTIGATION OF PREMISES, RECORDS.]
Any An authorized representative of the board may enter at
reasonable times upon any property at reasonable times for the
purpose of inspecting and investigating conditions relating to
the feeding and treating of garbage to be fed to livestock and
poultry. Any An authorized representative of the board may
examine any records or memoranda pertaining to the feeding of
garbage to livestock and poultry, or pertaining to the
acquisition and sale of garbage-fed livestock and poultry. The
board may require the maintenance of records relating to the
operation of equipment for a procedure of treating garbage to be
fed to swine. Copies of such the records shall must be
submitted to the board on request.
35.79 [ENFORCEMENT.]
The board shall administer and enforce sections 35.73 to
35.80 and may make and enforce such reasonable rules as it deems
considers necessary to carry out the their provisions thereof.
35.80 [VIOLATIONS.]
Any A person who violates any provision of sections 35.73
to 35.80 or, fails to perform any duties imposed thereby by
those sections, or violates any rule promulgated thereunder made
under those sections is guilty of a misdemeanor. Each day upon
which violation occurs constitutes is a separate violation.
35.81 [TRANSPORTATION OF ANIMALS AND POULTRY, RULES.]
The board is authorized to may make reasonable rules for
the cleaning and disinfection of railroad cars, the automobiles,
trucks, and other vehicles used as public carriers for the
transportation of live animals and poultry over the public
highways and railroads within the state.
35.82 [RENDERING PLANT PERMITS; DISPOSITION OF CARCASSES.]
Subdivision 1. [PERMIT REQUIRED.] No person shall may
engage in the business of rendering all or parts of animals,
poultry, or fish or parts thereof, including scraps and grease,
without first obtaining a permit from the board in accordance
with the rules adopted by the board relative to transportation,
rendering, and all other provisions deemed by that the board to
be considers necessary to prevent the spread of disease.
Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board,
through its executive secretary and executive officer, may issue
a permit to the owner or operator of a pet food processing
establishment or, a mink rancher, or a supplier of an
establishment, located within the boundaries of Minnesota, to
transport the carcasses of domestic animals that have died or
have been killed otherwise, other than by being slaughtered for
human consumption, over the public highways to the establishment
for pet food or mink food purposes only. The owners and
operators of pet food processing establishments or their
suppliers of the establishments and mink ranch operators located
in any adjacent state with which a reciprocal agreement is in
effect, as provided in under subdivision 3 are not required to
possess a permit issued pursuant to under this subdivision. The
permit shall be is valid for one year following the date of
issue unless it is revoked.
(b) The owner or operator of a pet food processing plant or
mink ranch shall employ an official veterinarian. If the A
veterinarian named in the permit application who is accepted by
the board to act as the official veterinarian, he shall be is
authorized by the board to act as its representative.
(c) Carcasses collected by owners or operators under permit
may be utilized used for pet food or mink food purposes provided
that if the official veterinarian examines the carcass them and
in his opinion the carcass is finds them suitable for pet food
or mink food purposes.
(d) Carcasses not passed by the official veterinarian for
pet food or mink food purposes shall must be disposed of by a
rendering plant operating under permit from the board.
(e) Provided however that The board shall must require pet
food processing establishments and, owners and operators of mink
ranches, and suppliers of these establishments to conform to
rules of the board applicable to rendering plants within the
state of Minnesota.
Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as
provided in subdivision 1b, every person owning or having in
charge controlling any domestic animal that has died or been
killed otherwise than by being slaughtered for human or animal
consumption, shall as soon as reasonably possible bury the
carcass at least three feet deep in the ground, or cause the
same to be consumed by fire; provided, however, that thoroughly
burn it. The board, through its executive secretary and
executive officer, may issue a permit permits to owners of
rendering plants, located within the boundaries of in Minnesota,
provided the rendering plants which are operated and conducted
as required by law, to remove transport carcasses of domestic
animals and fowl that have died, or have been killed otherwise
than by being slaughtered for human or animal consumption, over
the public highways to their plants for rendering purposes in
accordance with the rules adopted by the board relative to
transportation, rendering, and all other provisions deemed by
that the board to be considers necessary to prevent the spread
of disease; and. The board may issue permits to owners of
rendering plants located in any an adjacent state with which a
reciprocal agreement is in effect, as provided in under
subdivision 3.
(b) Carcasses collected by rendering plants under permit
may be utilized used for pet food or mink food purposes provided
that if the owner or operator employs an official veterinarian.
If the veterinarian named in the application is accepted by the
board to act as the official veterinarian, the
veterinarian shall be authorized by is the board to act as its
board's authorized representative.
(c) Carcasses may be utilized used for pet food or mink
food purposes provided that if the official veterinarian
examines each carcass and in his opinion determines that the
carcass is suitable for pet food or mink food purposes.
Carcasses not passed by the official veterinarian for pet food
or mink food purposes shall must be disposed of by rendering.
(d) Any An authorized employee or agent of the board shall
have the authority to may enter upon any private or public
property and to inspect the carcass of any domestic animal that
has died or has been killed otherwise other than by being
slaughtered for human or animal consumption. Failure to dispose
of the carcass of any domestic animal within the period
specified by this subdivision is a public nuisance. The board
may petition the district court of the county in which a carcass
is located for a writ requiring the abatement of the public
nuisance. A civil action so commenced shall under this
paragraph does not preclude a criminal prosecution under the
provisions of this section. No person shall may sell or,
offer to sell, or give away a, or convey along a public road or
on land the person does not own, the carcass of a domestic
animal when the animal died or was killed otherwise other than
by being slaughtered for human or animal consumption, nor convey
the same along any public road or upon any land not his own;
unless in accordance it is done with a special permit, as
provided in pursuant to this section of Minnesota Statutes;
provided, however, that. The carcass or parts of a domestic
animal that has died or has been killed otherwise other than by
being slaughtered for human or animal consumption, or parts
thereof, may, be transported along any a public road for a
medical or scientific purpose, provided that if the carcass of
any domestic animal so transported shall be is enclosed in a
leak proof container to prevent spillage or the dripping of
liquid waste. The board may adopt rules relative to the
transportation of the carcass of any domestic animal for a
medical or scientific purpose, and further provided that. A
carcass situated on a public thoroughfare may be transported for
burial or other disposition in accordance with this section.
No person shall negligently or wilfully permit diseased
animals owned or controlled by him or her to escape his or her
control or to run at large. Every A violation of any provision
of this section shall be is a misdemeanor.
Subd. 3. [RECIPROCITY.] The executive secretary and
executive officer of the board is authorized to may enter into a
reciprocal agreements in agreement on behalf of this state
with any one or more of the states an adjacent to this state,
providing which provides for permits to be issued to rendering
plants, pet food processing establishments or suppliers of
establishments, and mink ranch operators located in either state
to transport carcasses to their plants, establishments, or
ranches over the public highways of this state and the
reciprocating state.
Subd. 3a. The provisions of Laws 1974, Chapter 159
relating to reciprocal agreements with an adjacent state only
apply This subdivision applies if the adjacent state has in
effect standards and requirements which are the equivalent of
the standards and requirements of this state as established by
the board.
Subd. 4. [DOMESTIC ANIMALS.] The term "domestic animal" as
used in this section does not include any species of domestic
animal which in common practice is maintained in the home of the
owner whether or not the particular domestic animal was so
housed at any time prior to its death. Nothing contained in
this section shall be construed to limit limits the authority of
local governmental units to regulate the disposition of
carcasses of domestic animals excluded from the provisions of
this section by this subdivision.
35.821 [DEFINITIONS.]
Subdivision 1. [SCOPE.] Unless the context clearly
indicates otherwise, for the purposes of sections 35.821 to
35.831 the terms defined in this section have the meanings given
them.
Subd. 3. [BRAND.] "Brand," except as otherwise provided in
this section, means a permanent identification mark, of which
the letters, numbers, and figures used are each four inches or
more in length or diameter and are burned into the hide of a
live animal with a hot iron, and which is to be considered in
relation to its location on such the animal; and such. The term
relates to both the mark burned into the hide and the its
location of this mark. In the case of sheep, the term includes,
but is not limited to, a painted mark which is renewed after
each shearing.
Subd. 4. [MARK.] "Mark" means a permanent identification
cut from the ear or ears of a live animal.
Subd. 5. [ANIMAL.] The term "animal" means any cattle,
horse, sheep, or mule.
35.822 [REGISTRATION OF MARKS OR BRANDS WITH BOARD.]
The board shall approve marks or brands for registration,
issue certificates of approval, and administer the provisions of
sections 35.821 to 35.831. The board shall publish a state
brand book which shall contain containing a facsimile of each
and every mark or brand that is registered with it, showing the
owner's name and address together with and the pertinent laws
and rules pertaining to brand registrations and reregistrations.
35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE
BRANDS.]
The board shall prepare standard forms and shall supply
these the forms for distribution to those who desire to apply
for a brand. The application shall must show a left and right
side view of the animals upon which a mark or brand will be
eligible for registry. The mark or brand location shall must be
designated to the following body regions: head, bregma, and
right and left jaw, neck, shoulder, rib, hip, and breech. The
applicant shall must select not less than at least three
distinct marks or brands and list them listed in preferred order
, and he shall likewise select three locations on the animal and
list them listed in preferred order. The application shall must
be properly signed and notarized and accompanied by a fee of
$10. The mark or brand, if approved and accepted by the
board, shall be of good standing is valid during the ten-year
period in which it is recorded. Any A person who knowingly
places upon any on an animal a mark or brand which has not been
registered with the board and which is in duplication of a mark
or brand that is registered with the board is guilty of a
felony. "Duplication" constitutes means the use of a similar
mark or brand, used in any position on the animal designated for
the use of a registered mark or brand, such as the head, bregma,
jaw, neck, shoulder, rib, hip, or breech. Any A person who
alters or defaces a brand or mark on any animal to prevent its
identification by its owner, is guilty of a felony.
35.825 [CHECKING OF APPLICATIONS; CONFLICTS.]
After April 30, 1965, all Marks or brands received by the
board shall must be held and listed by the board, which shall
immediately proceed to check the mark or brand applications for
conflicts; and should any be. If a conflict is found, the
fee so advanced along with and the conflicting application shall
must be returned to the person making the application.
35.826 [STATE BRAND BOOKS; REREGISTRATION OF MARKS,
BRANDS.]
All approved mark or brand applications approved shall must
be sorted in a systematic manner and published in the state
brand book. Supplements and revised brand books shall must be
published at the discretion of the board. At least six months
before expiration, all registered mark or brand owners and
assignees shall must be notified in writing that their mark
marks or brand brands will terminate in six months and that the
mark or brand they must be renewed. A reregistration fee of $10
shall must be charged for the ensuing ten-year period or
fraction thereof part of ten years. Failure to renew a mark or
brand on or before the time specified, in accordance with the
provisions of sections 35.821 to 35.831, is considered an
absolute abandonment to the state of the mark or brand. The
board may not reissue a mark or brand so abandoned under this
section except to the original owner or, after a period of two
years, to another applicant upon proper application.
35.827 [SALE OF BRAND BOOKS.]
The state brand book, and all supplements thereto for the
ten-year period, shall must be sold to the public at a price
which shall include includes the costs of printing, handling,
and mailing. The board shall distribute to the sheriff of each
county all brand books and supplements thereto to the sheriff of
each county without cost.
35.828 [EVIDENCE.]
Marks or brands appearing which appear in the current
edition of the state brand book, or its supplements thereto, or
which are registered with the board, shall be are prima facie
evidence of ownership and take precedence over similar marks or
brands of like kind, should if the question of ownership arise
arises. The owner whose mark or brand does not appear in the
state brand book, or its supplement thereto, or and which is not
registered with the board, shall must produce evidence to
establish his title to the property in the event of controversy.
35.829 [TRANSFER OF BRANDS.]
Only brands registered with the board or appearing in the
current edition of the state brand book or a its
supplement thereto shall be are subject to sale, assignment,
transfer, devise, or bequest, the same as other personal
property. The board shall prescribe forms for the sale or
assignment of a brand. A transferred brand shall must be
recorded with the board and. The fee for recording the same
shall be it is $10.
35.830 [SALE OF BRANDED LIVESTOCK; WRITTEN BILL OF SALE;
PENALTY.]
All Persons selling animals marked or branded with their
mark or brand recorded in a current state brand book, or its
supplement thereto, or registered with the board, shall execute
to the purchaser a written bill of sale bearing the signature
and residence of the seller, the name and address of the
purchaser, the total number of animals sold, a description of
each animal sold as to sex and kind, and all registered brands.
The bill of sale shall must be kept by the purchaser for two
years and for as long thereafter afterwards as he the purchaser
owns any of the animals described in the bill of sale. A copy
of the bill of sale shall must be given to each hauler of the
animals, other than railroads, and shall must accompany the
shipment of animals while in transit. The bill of sale or a
copy shall must be shown by the possessor on demand to any peace
officer or compliance representative of the board. The bill of
sale is prima facie evidence of the sale of the animals
described by the bill of sale. A person who violates violation
of this section is guilty of a misdemeanor.
35.831 [RULES.]
The board may promulgate make rules it considers necessary
to carry out the purposes of sections 35.821 to 35.831.
35.84 [FEES FOR SERVICES TO STATE FAIR.]
The board of animal health shall charge fees to cover all
direct and indirect costs of services rendered to the state
agricultural society in connection with the state fair. Fee
receipts shall Fees received must be deposited in the state
treasury and credited to the general fund.
ARTICLE 2
Section 1. Minnesota Statutes 1984, chapter 37, is amended
to read:
37.01 [PUBLIC CORPORATION.]
The state agricultural society as it now exists is
confirmed and established as a public corporation. The
conveyance to the state of the land in Ramsey County described
as Southeast Quarter (SE 1/4) of Section Twenty-one (21) and
East half (E 1/2) of East half (E 1/2) of Southwest Quarter (SW
1/4), Section Twenty-one (21), Township Twenty-nine (29), Range
Twenty-three (23), is confirmed, and. Anything in that
conveyance to the contrary notwithstanding, the state holds that
land and any other property known and used as the "state
fairgrounds" shall be held by the state forever for the
following public purposes: (a) for (1) exhibiting under the
management and control of the society, at annual fairs and at
other times determined by the society, the agricultural,
stock-breeding, horticultural, mining, mechanical, industrial,
and other products and resources of the state, including proper
exhibits and expositions of the arts, human skills, and
sciences; and (b) for (2) other uses and purposes determined by
the state agricultural society, including the leasing of parts
of the state fairgrounds, determined by the state agricultural
society from time to time. The society shall not lease any part
of the state fairgrounds if the lessee is going to compete with
an existing established business of auto racing within a radius
of 40 miles, except during the operation of the state fair and
all other public exhibitions pertinent to expositions of human
art, industry, or skill. Neither the state nor the society
shall ever charge or encumber this property. Any part of the
state fairgrounds which may be embraced is within the boundaries
of a city or other political subdivision of the state is
detached from the city or political subdivision. Nothing in
this section exempts otherwise taxable property on the
fairgrounds or the fairgrounds itself, which are otherwise
taxable, from being subject to real and personal property taxes
pursuant to chapters 272 to 275 and chapter 471.
37.02 [BUDGET; BUILDING RESTRICTIONS; EXEMPTIONS.]
The state agricultural society shall continue to be is
subject to and shall continue to have and possess has all
powers, rights, and privileges granted by any and all laws
applicable thereto, now in force, subject to law, with the
following exceptions:
(1) (a) The society shall need not comply with the
provisions of Laws 1939, chapter 431, relating to budgets,
allotments, and encumbering of funds;.
(2) (b) The society shall is not be subject to the
supervision of the commissioner of administration in the
erection and construction of any new building;.
(3) (c) The books and accounts of the society shall be are
subject to examination by the legislative auditor at any time,
as in case of other state agencies.
37.03 [MEMBERSHIP.]
Its membership shall be confined to Subdivision 1.
[MEMBERS.] Members of the state agricultural society must be
citizens of this state and shall be composed. The membership is
as follows:
(1) (a) Three delegates to be chosen annually by each
agricultural society or association in the state which shall
maintain maintains an active existence, hold holds annual fairs,
and be is entitled to share in the state appropriation under the
provisions of section 38.02. If any such society or association
one of those societies or associations fails to choose
delegates, then the its president, secretary, and treasurer
thereof shall, by virtue of their offices, be the are its
delegates from such society or association. If two fairs
receiving state aid are operating in one county, each delegate
from such a each society or association shall be is entitled to
one-half vote at the regular or special meetings, where two
fairs now established and receiving state aid are in operation
in one county of the state society.
(2) (b) One delegate from appointed by the county board of
each county in the state in which no county or district
agricultural society exists to be appointed by the county board
of the county.
(3) (c) Individuals, who by reason of elected by the
society as honorary members for having performed eminent
services in agriculture, horticulture, or in the related arts
and sciences connected therewith, or of long and faithful
service in or benefits to the society, or of benefits conferred
upon it, may,. Honorary members must be elected by two-thirds
vote at any annual meeting, be elected as honorary members. The
number of these honorary members shall may not, at any time,
exceed its present the society's membership; provided, that not
more than and only one honorary member shall may be elected
annually. Each honorary member shall be is entitled to one vote.
(4) (d) Two elected delegates elected by, and the president
ex officio of, may represent each of the following societies and
associations: the Minnesota State Horticultural Society, the
State Dairyman's Association, the State Beekeepers' Minnesota
Honey Producers Association, Inc., the Minnesota Livestock
Breeders' Association, the Minnesota Crop Improvement
Association, the Minnesota Swine Breeders' Pork Producers
Association, the Minnesota Sheep Breeders' Lamb and Wool
Producers Association, the Minnesota Horse Breeders'
Association, the Minnesota Veterinary Medical Association, the
Minnesota Cattle Breeders' Association, the Central Livestock
Association Incorporated of Minnesota, the Minnesota State
Poultry Association, the Minnesota Implement Dealers' Farm
Equipment Association, the Minnesota Florists North Central
Florist Association, the Minnesota Garden Flower Association
Society, the Minnesota County State Fair Exhibitors'
Associations Organization, the Minnesota Federation of County
Fairs, the State Forestry Association, the Minnesota Saddle
Horse Owners' and Breeders' Association Council, Minnesota State
Nurserymen's Association, Minnesota Fruit Apple Growers'
Association, Minnesota State Grange Association of Minnesota,
Minnesota Farmers' Union, Minnesota American Dairy Industry
Committee Association of Minnesota, and the Minnesota Farm
Bureau Federation.
(e) The following societies and associations shall be are
entitled to one vote delegate each: Minneapolis Market
Gardeners' Central Minnesota Vegetable Growers Association of
Minnesota, the State Minnesota Fruit and Vegetable Growers'
Association, Minnesota Shorthorn Breeders' Association, the
Minnesota Milking Shorthorn Association, Minnesota Guernsey
Breeders' Association, Minnesota Jersey Cattle Club,
Minnesota Holstein-Friesian Breeders' Holstein Association,
Minnesota Hereford Breeders' Association, Minnesota Aberdeen
Angus Breeders' Association, Minnesota Red Polled Breeders'
Association, Minnesota Ayreshire Breeders' Association,
Minnesota Brown Swiss Breeders' Association, Minnesota Poland
China Breeders' Association, Minnesota Duroc Jersey Breeders'
Association, Minnesota Chester White Breeders' Association,
Minnesota Turkey Growers' Association, Minnesota Gladiolus
Society, and the Minnesota Berkshire Breeders' Association;
provided, that. All of these societies and associations shall
must be active and statewide in their scope and operation, hold
annual meetings, and be incorporated under the laws of the
state, before being they are entitled to select such delegates
a delegate. The societies and associations named in this clause
shall must file with the secretary of state, on or before
December 20, each year, a report showing that the society or
association has held a regular annual meeting for that year, a
summary of its financial transactions for the current year, and
an affidavit of the president and secretary that it has a
paid-up membership of at least 25. On or before December
31, each year, the secretary of state shall certify to the
secretary of the state agricultural society the names of the
societies or associations that have complied with these
provisions.
(5) (f) The members of the governing board of managers of
the state agricultural society shall, by virtue of their offices
as such, be are members of the society and entitled to one vote
each.
(6) Subd. 2. [ELIGIBILITY TO VOTE.] On all questions
arising for determination by the state agricultural society,
including the election of members of the governing board of
managers, each delegate present shall be is entitled to one
vote, and no proxies. The society shall be recognized by the
society not recognize proxies except that when less than three
delegates of any a county or district agricultural society shall
attend the annual meeting, those present may cast the full vote
of the that society. All delegates shall must be accredited, in
writing, and their credentials shall must be signed by the
president and secretary of the society or association
represented.
37.04 [BOARD OF MANAGERS, MEETINGS, SELECTION, VACANCIES,
QUORUM.]
Subdivision 1. [MEMBERSHIP; QUORUM.] The management and
control of the affairs of the Minnesota state agricultural
society shall be vested in A board of managers which shall
consist manage and control the state agricultural society. The
board consists of a president and nine other members, two of
whom shall be are vice-presidents,. Each member to
represent represents one of nine regional districts, any.
Six of whom shall members constitute a quorum for the purposes
of any board meeting of the board.
Subd. 2. [REGIONAL DISTRICTS.] The regional districts For
purposes of electing members of the board of managers of
the Minnesota state agricultural society shall be, the regional
districts are identical with the nine congressional districts as
established by Laws 1933, chapter 185, and shall be accordingly
are numbered accordingly.
Subd. 3. [ANNUAL MEETING.] The annual meeting of the
society shall must be held upon at the state fairgrounds or at
any other place in Minnesota selected by the board of managers
may select. The meeting shall must be held annually during a
three-day period selected by the board of managers, to
commence commencing no earlier than January 2, and no later than
January 31 in each year. At least 30 days' written notice of
the time and place of the annual meeting shall must be given to
all members of the society at least 30 days prior to the time of
the annual meeting.
Subd. 4. [ELECTIONS.] At the annual meeting of, the
members of the society shall elect, a president from the then
current membership among the members of the board of managers, a
president for a term of one year, who shall. The president may
not be a resident of the fourth or the fifth regional
districts. In addition, The members shall also elect seven
managers shall be elected, as follows:
(1) at the annual meeting in 1963, and on each third year
thereafter after 1963, one manager from each of the first, third
, and sixth regional districts,;
(2) at the annual meeting in 1964, and on each third
year thereafter after 1964, one manager from each of the seventh
and ninth regional districts,;
(3) at the annual meeting in 1965, and on each third
year thereafter after 1965, one manager from each of the second
and eighth regional districts.
In addition, At the annual meeting in 1964 and every other
year thereafter, each even-numbered year a vice-president shall
must be elected from the fifth regional district, and in 1965
and in every other year thereafter, each odd-numbered year a
vice-president shall must be elected from the fourth regional
district.
Subd. 5. [REGIONAL REPRESENTATIVES.] At no time shall more
than Only one member of the governing board of managers,
exclusive of the president, may be a resident of any one
regional district. On the day preceding before the last day of
the annual meeting, the duly accredited delegates to the meeting
from each regional district, the whose manager's term of whose
member of the board of managers expires in that year, shall meet
together at the place for holding of the annual meeting and
nominate and certify to the annual meeting the choice of that
district for manager, and,. At the time fixed by law for the
election of the president of the society and after the
nominations have been so certified, presented, and read to the
annual meeting, the annual meeting shall proceed to elect such
managers to fill all expiring terms.
Subd. 6. [VACANCIES.] Any A vacancy, prior to which occurs
before the expiration of any term of office of a member of the
board of managers, may be filled by the remaining members of the
board. Any person so appointed to fill a vacancy shall hold
holds office only until the next annual meeting of the
society, at which shall elect a successor must be elected in the
manner provided, to serve the balance of the unexpired term.
37.05 [OFFICERS; COMPENSATION; EXPENSES.]
The annual honorarium of the president of the governing
board shall be of managers is $1,400, and that of the other
members is $1,000 each, which honorarium shall be in full for
all their services commencing January 1, 1965.
On the final day of each annual meeting of the society the
board shall elect a secretary, who shall to hold office for one
year and until his a successor is elected and qualified. The
board shall set the compensation of the secretary shall be fixed
by the board. The board may also appoint a treasurer for the
term of one year and fix his the treasurer's compensation. The
treasurer shall keep all accounts and fiscal records of the
society. The board may designate the secretary as the treasurer
of the society.
In addition, The board may allow the traveling expenses of
its members and of the secretary and treasurer or other
employees while in the performance of their official duties,
the. Claims for which shall in all cases traveling expenses
must be itemized in full and verified before allowance.
37.06 [SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.]
The secretary shall keep a complete record of the
proceedings of the annual meetings of the state agricultural
society and all meetings of the governing board of managers and
any committee of the board, keep all accounts of the society
other than those kept by the treasurer of the society, and
perform such other duties as directed by the governing board may
direct of managers. On or before December 31 each year, the
secretary shall make a report to the governor for the fiscal
year ending October 31 each year showing all the proceedings of
the society during the current year and its financial condition
as appears from the its books of the society. This report shall
must contain a full, detailed statement of all receipts and
expenditures during the year.
The books and accounts of the society for the fiscal
year shall must be examined and audited annually by the
legislative auditor. The cost of the examination shall must be
paid by the society to the state and credited to the legislative
auditor's revolving fund.
A summary of this examination, duly certified by the
legislative auditor, together must be appended to the
secretary's report, along with his the legislative auditor's
recommendations and the proceedings of the first annual meeting
of the society first held following the secretary's report,
including addresses made at the meeting as directed by
the governing board, shall be appended to the secretary's report
and of managers. The summary, recommendations, and proceedings
must be printed in the same manner as the reports of state
officers. Copies of the report shall must be printed annually
and distributed as follows: to each society or association
entitled to membership in the society, to each newspaper in the
state, and the remaining copies as directed by the governing
board of managers.
37.07 [MONTHLY STATEMENTS BY SECRETARY; PURCHASES,
EXPENDITURES.]
The secretary of the state agricultural society shall
prepare monthly statements a signed statement each month
summarizing receipts and expenditures for the preceding month,
which shall must be signed by him and approved by the president
or a vice-president of the governing board of managers.
The secretary shall attach to this statement his secretary's
affidavit must be attached to this statement. The affidavit
must state:
(1) that all articles were purchased by him, or under his
the secretary's direction, and that to his the secretary's best
information and belief, all articles purchased by the governing
board of managers were purchased at a fair cash market value and
received by the society, and that all services charged for were
actually rendered provided;
(2) that neither he the secretary nor any person in his
the secretary's behalf, or the governing board of managers,
to his the secretary's best information and belief, had any
pecuniary or other interest in any purchase made or services
rendered, or received any pecuniary or other benefit therefrom
from the purchases or services, directly or indirectly, by
commission, percentage, deduction, or otherwise; and
(3) that the articles specified conformed in every respect
to the goods ordered, in both quality and quantity.
This The report shall must also show the amount of money
in the hands of the treasurer of the society.
Copies of the secretary's monthly report shall must be
furnished to the commissioner of finance, and the office of the
legislative auditor and to each member of the board of managers,
no later than the tenth of the month following the months'
month's activities encompassed within such report reported.
The board of managers shall, from time to time, designate
one or more national or state banks, or trust companies
authorized to do a banking business, as official depositories
for the society's money of the society, and thereupon shall then
require the treasurer to deposit all or part of such that money
in such the designated bank or banks. Such The designation
shall must be in writing and must set forth all the terms and
conditions upon which the deposits are made, and shall it must
be signed by the president and secretary, and made a part of the
minutes of the board. Any bank or trust company so
designated shall must qualify as a depository by furnishing a
corporate surety bond or collateral as required by section
118.01, and shall thereafter must, as long as any of the
society's money of the society is on deposit therein with it,
maintain such the bond or collateral in the amounts required
by said that section. However, No bond or collateral shall be
is required to secure any deposit, insofar as if it is insured
under federal law, as provided in section 118.10.
37.13 [TITLE TO PROPERTY VESTED IN STATE.]
The title to state owns all money and other property of the
society shall vest in the state in the name of the society and
there shall may be no division of its assets among its society
members. All moneys Money received by the society shall must be
used in the for holding of its annual fair, and for such other
exhibitions or expositions held from time to time as the society
shall determine the society holds, for the improvement of the
fairgrounds, for the payment of expenses, premiums, and
purses, for the acquisition of properties, both real and
personal property, for the use and benefit of the society, and
for the furnishing of such attractions and amusements as the
governing board shall deem of managers considers necessary for
the success of its fairs, and other exhibitions and expositions.
37.14 [MANAGEMENT OF PROPERTY; GENERAL OFFICES.]
The custody, management, and control of the fairgrounds and
all fairgrounds structures thereon shall be are vested in the
society as a department of the state, and its general offices,
containing its property and records, shall must be maintained
upon the fairgrounds.
37.15 [EXHIBITIONS.]
The society shall hold upon the fairgrounds an annual fair
and may invite the cooperation of any other states or countries
therein in that fair. It The society shall provide for and pay
premiums, and all moneys expended money spent for premiums,
exhibits, or other displays shall must be for the purpose of
encouraging agriculture, horticulture, stock-breeding,
manufactures, and the mining, mechanical, and industrial arts
and sciences.
37.16 [RULES AND REGULATIONS; VIOLATION.]
The society may make all bylaws, ordinances, and rules, not
inconsistent consistent with law, which it may deem considers
necessary or proper for the government of the fairgrounds and
all fairs to be held thereon on them, and for the protection,
health, safety, and comfort of the public thereon; the same to
be in effect from the time of filing on the fairgrounds. The
bylaws, ordinances, and rules are effective when filed with the
secretary of the society. The violation of a bylaw, rule, or
ordinance promulgated by of the society is a misdemeanor.
37.17 [SHOWS, EXHIBITIONS, PERFORMANCES, PRIVILEGES.]
Subdivision 1. [LICENSE, REGULATION.] The society may
license and regulate all shows, exhibitions, performances, and
privileges on the fairgrounds, revoke any licenses, and
prohibit, remove, and summarily stop all exhibitions,
performances, or privileges which violate society rules or which
are otherwise contrary to other law.
Subd. 2. [SERVICE OF PROCESS.] The acceptance of any
license given pursuant to subdivision 1 by a nonresident of
Minnesota is an appointment by the nonresident of the secretary
of state to be his a lawful agent upon whom may be served all
legal processes in any action or proceeding against him the
nonresident resulting from the operation of the licensed show,
exhibition, performance, or privilege. The acceptance of a
license by the nonresident is a signification of his signifies
agreement that service of process upon the secretary of
state shall be of has the same force and effect as if served
service upon him the nonresident personally. Publication of
summons need not be made upon the nonresident. In all cases
under this subdivision, service of process or service of any
writ or notice in an action or proceedings shall must be made
upon the secretary of state in the manner provided by law for
service upon residents of the state, and has the same effect as
personal service within the state upon the nonresident. If the
After a nonresident appears in the an action or proceeding by an
attorney residing in Minnesota, the service of papers shall
thereafter must be made served upon the attorney.
Subd. 4. [SOLICITATION.] No person may solicit money or
sell or distribute any merchandise or material of any kind
without a license issued by the society authorizing the
solicitation, sale, or distribution from a fixed location on the
fairgrounds.
37.18 [UNLICENSED OR IMPROPER EXHIBITION.]
A person who engages in any a play, game, concert, or
theatrical or other performance, or who exhibits a show of any
kind on the fairgrounds without a license from the society is
guilty of a misdemeanor and shall must be removed from the
fairgrounds.
A person who sells, distributes, or exhibits obscene
materials or performances is guilty of a misdemeanor and the
governing board of managers of the society shall suspend that
person's license and cause require the forfeiture of all money
paid to the society in connection with the performance or
exhibit.
37.19 [CONTRACTS.]
The society may contract in its own name, and through its
duly appointed officers and agents without the necessity of
advertising for, or publicly requesting bids, and the provisions
of. This chapter, and all ordinances, bylaws, and rules adopted
by its governing the society's board of managers are a part of
every contract entered into with any exhibitor, privilege
holder, lessee, licensee, or other person. The society may
contract for the purchase of services from any business,
municipality, county, state agency, or department. The society
may purchase, sell, lease, or otherwise engage in transactions
respecting real property in its own name, and with terms and
conditions acceptable to its board of managers. The provisions
of section 37.01 shall apply to the specific properties
described therein in it, excepting except space rental contracts
and ground leases for a term of one year or less. The society
shall submit to the state executive council of the state of
Minnesota for its approval, as provided by chapter 9, all its
transactions involving real properties for the approval of the
executive council, and no transaction involving real
property shall be is final until it is approved by the executive
council. All transactions involving real property heretofore
previously made by the society are ratified, confirmed, and
approved.
37.20 [SPECIAL PEACE OFFICERS.]
The secretary or the president of the society may appoint,
in a writing signed by either of them, as many peace officers,
as defined in section 626.84, subdivision 1, clause (c), as are
necessary, both during the time of holding the annual fair and
throughout the year for the regulation of the Minnesota state
fairgrounds. These peace officers, before entering upon their
duties, shall take and subscribe the usual oath of office,
endorsed upon their appointment, and shall. They have and
exercise upon the grounds of the society, fairgrounds all the
power and authority of peace officers and may, within these
limits, without warrant, arrest any person found violating any
state law of the state, or any rule, bylaw, or ordinance of the
society, and. They may summarily remove the persons and
property of the offenders from the grounds, and take them before
any court of competent jurisdiction to be dealt with according
to law. Each peace officer shall wear an appropriate badge of
office while acting as a peace officer. The society may also
contract with the state, any county, or any municipality for
police service and protection on the fairgrounds.
37.21 [SALE OF LIQUORS.]
No person shall may sell, barter, give away, or otherwise
dispose of or introduce, have, or keep for barter, gift, or
sale, any intoxicating liquors of any kind upon or within
one-half mile of the state fairgrounds, or aid and abet in so
doing, and any of those acts. The presence and possession of
any kind of these liquors, in any quantity, upon the person or
upon the premises leased or occupied by any person within these
limits, is declared a public nuisance, and shall be is prima
facie evidence of the purpose of the person to barter, give
away, or sell the liquor. Any person who violates this section
is guilty of a misdemeanor.
37.22 [LOCKUP; SEIZURE OF LIQUORS.]
The society may provide and maintain a watchhouse or lockup
on the fairgrounds for the confinement of offenders and the
temporary detention of suspected persons. The society's peace
officers shall, without warrant, seize and destroy any
intoxicating liquors found upon the fairgrounds.
37.24 [UNLAWFUL ADMISSIONS.]
Any person who shall steal steals or unlawfully obtain
any obtains a ticket, paper, or other writing entitling, or
purporting to entitle, the holder to admission to any part of
the state fairgrounds, or any part thereof, or who shall sell
sells or dispose disposes of any such a ticket which upon its
face appears to be nontransferable and to have been issued to
another and not transferable, without informing the purchaser of
its character, shall be is guilty of a misdemeanor.
37.25 [MISDEMEANORS.]
In addition to other misdemeanors specified in and made
punishable by a statute, during the period of the annual state
fair or during any period when fees as may be determined by the
board of managers are required requires fees for admission to
the fairgrounds, every person who shall trespass trespasses on,
enter enters, or attempt attempts to enter the fairgrounds in
any manner, except through the entrance gates provided therefor,
without payment of the required fees provided therefor, or who
shall likewise so trespass trespasses on, enter enters,
or attempt attempts to enter any reserved enclosure thereon on
the fairgrounds, or who shall obtain obtains permission to do so
by impersonating another, or by any misrepresentation or false
pretense, shall be is guilty of a misdemeanor. Any A person who
shall be is found lurking, lying in wait, or loitering in the
immediate vicinity of, or concealed in any building, yard, or
premises upon the fairgrounds, or loitering about the immediate
vicinity thereof, with intent to commit any offense or mischief,
shall be is guilty of a misdemeanor.
37.26 [CIRCUSES PROHIBITED, STATE FAIR SEASON; EXCEPTIONS.]
Subdivision 1. [PROHIBITION.] It shall be is unlawful for
any person, firm, or corporation to conduct any circus in any
city or within a radius of six miles of any city, within a
period of 18 days immediately preceding the dates of the annual
Minnesota state fair, or during the time of holding such fair.
Any such A circus may be exhibited during this period of time,
however, if and when the circus it is engaged or contracted by
an accredited agricultural society to form a part of the
entertainment program of the annual fair of the accredited
agricultural society. Nothing herein contained shall exempt in
this subdivision exempts a circus from obtaining a proper
license or permit as provided by law.
Subd. 2. [PENALTY.] Any A person, firm, or corporation
violating the provisions of subdivision 1 shall be is guilty of
a gross misdemeanor; and upon conviction punished, punishable by
a fine of not more than $3,000 or by imprisonment in the county
jail for a period of not to exceed not more than one year or by
both such fine and imprisonment.
ARTICLE 3
Section 1. Minnesota Statutes 1984, chapter 92, is amended
to read:
92.01 [STATE PUBLIC LANDS OR STATE LANDS.]
The term "State public lands" or "state lands" means
school, swamp, university, internal improvement, and other lands
granted to the state by acts of congress.
92.02 [AUTHORITY.]
All Sales made pursuant to under this chapter shall must
be conducted by the commissioner in person, his a deputy of the
commissioner, or by a competent person employed by the
commissioner and bonded in a sum of not less than at
least $10,000.
92.03 [MINIMUM PRICE OF LANDS.]
Subdivision 1. [SCHOOL LANDS.] The minimum price of school
lands shall must be including the value of timber reproduction
not less than at least $5 per an acre, and including the
value of timber reproduction. All Sales thereof shall of school
lands must be within the county in which containing the lands
are situated. Not No more than 100,000 acres of school lands
shall may be sold in one year. Where If a patent has been
issued by the federal government to any school land, as above
defined, previous to land before 1864, and the taxes
thereon on it have been paid for a period of at least 35 years,
then and in such event, the commissioner of finance may in his
discretion cause such amount of such taxes to be applied
upon reduce the minimum price of $5 per an acre as above
provided as he may deem proper in order that the minimum sales
price of the land may be so reduced as by the taxes paid to make
it the land salable.
Subd. 2. [UNIVERSITY LANDS.] The minimum price of all
lands donated to the state by the United States by act of
congress entitled "An act donating to the states of Minnesota
and Oregon certain lands reserved by congress for the
territories of Minnesota and Oregon, for university purposes,"
approved March 2, 1861, and by an act of congress entitled "An
act donating public lands to the several states and territories
which may provide colleges for the benefit of agriculture and
mechanic arts," approved July 2, 1862, shall must be at least $5
an acre, including the value of timber reproduction not less
than $5 per acre. The director shall cause appraise these lands
or any part of them to be appraised and sold sell them in
accordance with the provisions of this chapter.
Subd. 4. [INTERNAL IMPROVEMENT LANDS.] All Lands donated
to the state under the eighth section of an act of congress
entitled "An act to appropriate the proceeds of the sales of the
public lands, and to grant preemption rights," approved
September 4, 1841, shall must be appraised and sold, and the
minimum price shall be the same, and the moneys money derived
from the its sale thereof shall be invested, as provided by the
Minnesota Constitution of the state of Minnesota, article II XI,
section 8.
92.04 [MINIMUM PRICE OF CERTAIN STATE LANDS.]
All Lands selected for state institutions under an act of
the legislature entitled "An act to appropriate swamp lands to
certain educational and charitable institutions and for the
purpose of creating a state prison," approved February 13, 1865,
and all lands known as state capitol lands, shall must be
appraised and sold as school lands are sold. The minimum price
of all lands belonging to the state by virtue of the various
congressional acts set forth in sections 92.03 and 92.04 shall
must be including the value of timber reproduction not less than
at least $5 per an acre, and including the value of timber
reproduction. The terms of payment and conditions of sale shall
must be the same as now provided by law. Where When state lands
have been benefited by and assessments paid for drainage, such
the drainage improvements shall must be duly considered by the
state land examiner in making appraisals. When such the drained
lands are sold, the principal and interest paid thereon shall on
it must be credited by the director to the proper fund to which
the land belongs.
92.05 [SALT LANDS, BY WHOM SOLD.]
The board of regents of the University of Minnesota shall
have charge and supervision of the state salt lands donated by
the United States to aid in the development of the brines in the
state, and. The board of regents may sell these lands in such
manner and amounts as it may deem expedient, and shall hold.
The proceeds thereof from the sales must be held in trust, and
shall only disburse the same must be disbursed in accordance
with the law providing for a geological and natural history
survey. The university may execute, in its name, deeds of
conveyance of these lands. The proceeds of the sale of such the
lands when invested shall constitute a permanent fund, called
the university fund.
92.06 [PAYMENTS; INTEREST.]
Subdivision 1. [TERMS.] The terms of payment on the sale
of all state public lands shall must be as follows: The
purchaser shall pay in cash at the time of sale the appraised
value of all timber. At least 15 percent of the purchase price
of the land exclusive of timber shall must be paid in cash at
the time of sale and. The balance must be paid in not to exceed
no more than 20 equal annual installments, payable on. Payments
must be made by June 1 each year following that the year in
which the purchase was made, with interest at a rate equal to
the rate in effect at the time under section 549.09 on
the unpaid balances remaining unpaid, payable with the
instalments or principal. Any installment of principal or
interest may be paid in advance, but part payment of an
installment shall will not be accepted. For the purpose of
computing interest, any installment of principal not paid on
June 1 shall be credited as of on the following June 1.
Subd. 2. [BUILDINGS OR IMPROVEMENTS.] In case If there are
any buildings or other improvements upon the land the their
value thereof shall must be appraised separately and included in
the purchase price. No A person shall must not remove, injure,
or destroy any such a building or other improvement until an
amount equal to such its appraised value has been paid on the
purchase price of the premises, in addition to the any payment
required for timber, if any. Violation of this provision shall
be is a gross misdemeanor.
Subd. 3. [DEFAULT.] Failure A person who fails to make any
a payment required under any a certificate of sale within 60
days from the date on which such payment it becomes due shall
constitute is in default and thereupon. On default, the
certificate of sale shall be deemed canceled, and all right,
title, and interest of the purchaser, his or her heirs,
representatives, or assigns, in the premises shall terminate
without the doing by the state of any act or thing. A record of
such the default shall must be made in the state land records
kept by or under the direction of the commissioner and a
certificate of such default may be made by or under the
direction of the commissioner and filed. The commissioner may
prepare a certificate of default and file it with the county
treasurer or recorded record it in the office of the county
recorder of the county in which containing the premises are
situated property. Any such The record or certificate shall
be is prima facie evidence of the facts therein stated in it,
but the making of such record or certificate shall not be
essential to the taking effect of such cancellation and
termination are effective without it. The provisions of This
subdivision shall does not apply to any a sale made before May
1, 1941.
Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If
there are any improvements upon the land made by one who in the
opinion of the commissioner settled upon the land in good faith
believing it to be land subject to homestead entry under the
laws of the United States, and such settlement was made before
the land was certified to the state, or if the improvements were
made in good faith by a lessee of the state under a proper
permit or other lawful authority, If a person has made
improvements to the land and if the commissioner believes that
person settled the land in good faith as homestead land under
the laws of the United States before it was certified to the
state, or if the improvements were lawfully made by that person
as a lessee of the state, then the value of such the
improvements shall must be appraised separately appraised and,
if at the sale of such land such the settler or lessee shall be
the purchaser purchases the land, he shall or she is not be
required to pay for such the improvements. If a another
person other than such settler or lessee shall
purchase purchases the land, such purchaser shall that person
must pay to the state at the time of the sale, in addition to
all other required payments, the full amount for which appraised
amount for the improvements were appraised, and. The amount so
received by the state for such the improvements shall must be
paid over to such the settler or lessee, his or her heirs,
representatives, or assigns,. Payment must be made by warrant
drawn by the commissioner of finance upon the state treasurer.
All Amounts received for such the improvements are hereby
appropriated for making such the payments.
The provisions of This subdivision shall does not apply
unless the person seeking the its benefit thereof shall make
makes a verified application to the commissioner showing that he
or she is entitled thereto to it before the first state public
sale at which the land is offered for sale and. The applicant
must appear at such the sale and offer to purchase the land for
at least the its appraised value thereof and including all
timber thereon on it, and make such the purchase if no higher
bid be is received, nor unless all. Actions or other
proceedings involving the land in question instituted prior to
begun before the sale shall must have been determined
completed.
Subd. 5. [FURTHER SECURITY.] The director when in his
opinion the interests of the state will not be secured by the
terms of payment so provided for shall may require of the
purchaser such further security for the payment of the deferred
installments as he may deem necessary; and in all cases where
security is taken. The director may recover the money and
enforce such any security by action brought in his or her name.
92.07 [SALES BY SUBDIVISIONS.]
All Sales of land by the commissioner shall must be made
according to the subdivisions thereof by the United States
surveys, unless the same have land has been subdivided into
smaller parcels or lots, as provided in this chapter; but no.
The land shall may not be sold in larger quantity than one
quarter section.
92.08 [SURVEYS AND RESURVEYS.]
When it appears to the commissioner necessary in order to
ascertain the boundaries of any tract of land in his charge or
to enable him to describe or dispose of the same in convenient
parcels he The commissioner may cause have surveys to be made
to determine the correct boundaries or description of the land
or to dispose of it in convenient parcels. When a tract of land
has been sold by the state of Minnesota according to the United
States survey and the commissioner is of the opinion believes
that an injustice has been done the purchaser because of an
incorrect United States survey, he or she may cause have a
resurvey thereof to be made by a competent surveyor, who shall
thereafter. The surveyor shall prepare a plat showing the
correct acreage of each subdivision so resurveyed, to be filed
in the office of and file it with the commissioner and in the
office of with the county recorder of the proper county and.
The commissioner is hereby authorized to may call in such the
land certificates as are affected by the resurvey and to issue
new ones in lieu thereof showing. The certificates must show
the correct acreage , giving and give full credit for all
payments of principal and interest which had previously been
made.
92.09 [LAND SUBDIVIDED, APPRAISED, REAPPRAISED.]
Subdivision 1. [SUBDIVISION INTO LOTS.] When the interest
of the state will be promoted in the opinion of the commissioner
by subdividing any of the, he or she may subdivide land under
his or her control into small parcels or city lots . He The
commissioner shall cause the same to be done and have the land
to be appraised. When a petition signed by At least ten legal
voters of the county in which containing the land therein
described is situated is presented to may petition the
commissioner requesting him to have such subdivide the land so
subdivided he. The commissioner shall grant or refuse the
petition. If the request be is granted, the commissioner shall
subdivide the land accordingly and cause the same to be have it
appraised.
Subd. 2. [APPRAISEMENT APPRAISAL OF LOTS.] For the purpose
of making the appraisement required by subdivision 1, The
commissioner shall designate therefor one or more of the
regularly appointed and qualified state appraisers to make the
appraisal required under subdivision 1. Each appraiser before
entering upon the duties of his office shall take and subscribe
sign an oath that he will to faithfully and impartially
discharge his the duties as of appraiser according to the best
of his or her ability and that he or she is not interested
directly or indirectly in any of the lands or
improvements thereon on them and has entered into no combination
to purchase the same land or any part thereof, which of it. The
oath shall must be attached to their the appraisal report
given the commissioner. They shall then appraise the lands and
make report thereof to the commissioner.
Subd. 3. [REAPPRAISEMENT REAPPRAISAL.] All Parcels or lots
so appraised shall be subject to sale in the same manner as may
be sold like other lands in charge of the commissioner, and. The
lands must be sold at not less than for at least the prices at
which they were severally appraised, until a new appraisal is
made, which. The commissioner in his or her discretion may
cause to be made in the manner aforesaid have lands appraised as
under subdivision 2 and with like effect; but no. Parcels or
lots so appraised shall must be sold for less than at least the
minimum price of the lands established by this chapter.
92.10 [MAPS AND PLATS.]
Subdivision 1. [MAP RECORDED.] When the commissioner shall
subdivide any subdivides land into small parcels or city lots,
he or she shall cause record a map of the same to be filed for
record subdivision with the county recorder of the county in
which containing the land is situated.
Subd. 2. [PREPARATION.] It shall be the duty of The
commissioner to shall prepare suitable maps or plats having
designated thereon those designating school or other state lands
owned by the state which have been duly appraised and are
subject to sale, which. The maps or plats shall must be printed
and distributed with other printed matter in sufficient
quantities to properly advertise the sales provided by this
chapter.
92.11 [LANDS APPRAISED.]
When in the opinion of the commissioner it shall be for the
interest of the state that any of the lands in his charge, or
the improvements thereon, be appraised he shall designate
therefor one or more of the regularly appointed and qualified
state appraisers who shall qualify and report The commissioner
may have any real estate under his or her jurisdiction
appraised. The appraisal must be made and reported as in the
case of school or other state lands. The appraisers shall must
report the value of the lands and the improvements thereon on
them, if any, separately; and if any of such the lands, are
valuable for the merchantable timber thereon on them the value
of such the merchantable timber shall must also be separately
stated. The appraised value shall be is the minimum price for
such the lands until changed by a subsequent later appraisal.
92.12 [APPRAISAL OF SCHOOL AND OTHER STATE LANDS.]
Subdivision 1. [APPRAISERS.] When in the opinion of the
commissioner it will be for the public interest that an
appraisal of The commissioner may have any of the school or
other state lands should be made he shall designate therefor one
or more of the appraised. The appraisals must be made by
regularly appointed and qualified state appraisers. Each
appraiser shall before entering upon the duties of his office
take and subscribe sign an oath that he will to faithfully and
impartially discharge his the duties as of appraiser according
to the best of his or her ability and that he or she is not
interested directly or indirectly in any of the state lands to
be appraised, or the timber or improvements thereon on them or
in the their purchase thereof and has entered into no
combination to purchase the same or any part thereof, which. The
oath shall must be attached to the report of such
appraisal report.
Subd. 2. [VALUATION AND APPRAISAL.] The appraiser after
taking oath of office shall proceed to view and appraise
such the lands and, including the merchantable timber and
improvements thereon on them, and make a report thereof to the
commissioner as he may direct. The valuation of such the lands
and the merchantable timber and improvements thereon shall on
them must each be made and stated separately in the appraisement
and appraisal. The minimum price established by such the
appraisal shall be is the minimum price for such the lands until
changed by subsequent later appraisal. No school or other state
lands shall may be sold until so appraised, nor for a less
price. The price may not be less than $5 per an acre. In the
appraisal the basic value of the land before the addition of the
value of merchantable timber and improvements shall must include
the value of timber reproduction.
Subd. 4. [SALES.] The commissioner shall hold frequent
sales of school and other state lands,. The time and place
of such the sales to must be publicly posted on the front door
of the courthouse in the county in which where the sale is to
take place at least 30 days in advance of such sale, in addition
to the regular notice of sale provided by law. At this sale the
commissioner shall sell such lands as he or she considers best
for the public interest.
Subd. 5. [SALE OF LAND AND TIMBER.] Where When the
appraisal and other reports show that the land is mainly
valuable for agricultural purposes as shown by the appraisement
and other reports in the office of the commissioner and contains
only small quantities of timber, the commissioner may in his
discretion either sell the timber separately in the manner as
provided by law for state timber sales or he may sell the land
as agricultural land, requiring. If the land is sold as
agricultural land the purchaser to must pay down as first
payment an amount equal to the value of the timber, in addition
to the first payment required on the land. Where such
appraisement If the appraisal and other reports show land should
be sold for continuous forest production or other conservation
purpose, and the commissioner so determines, then may require
that the full appraised value of land and timber shall must be
paid by the purchaser at the time of purchase.
Subd. 6. [DRAINAGE.] It shall be the duty of The
appraisers to must report to the commissioner such lands as in
their opinion that they believe should be drained. After the
state has constructed or has been assessed for any a public
ditch or drain, the lands assessed or improved shall thereafter
must be reappraised before being offered for sale.
92.13 [STATE LANDS, DATE OF SALE.]
It shall be the duty of The commissioner to shall hold
public sales of school and other state lands in those counties
where school and other state lands are situate at such times as
will be containing them when it is advantageous to the state and
to intending buyers and settlers.
92.14 [SALE, NOTICE.]
Subdivision 1. [TIME.] Before any sale is made, the
commissioner shall cause give four weeks' published notice of
the time and place of sale to be given at St. Paul and in each
county in which containing land to be sold is situated. The
notice shall contain a description of must describe each parcel
of land to be sold. If there be is no newspaper published in
any such the county, four weeks' posted notice shall must be
given therein. On or before the day of sale, the commissioner,
on or before the day of sale, may withdraw any lands which may
have been so advertised.
Subd. 2. [CONTENTS.] It shall be the duty of The
commissioner to shall give public notice of each sale referred
to in section 92.13 by four publications in a weekly newspaper
printed and published at the county seat wherein of the county
containing the lands are situated, and by four weekly
publications in a daily newspaper published and printed in the
capital city of the state St. Paul. This published The notice
shall must contain the following information:
(1) the time and place for the holding of the sales;
(2) the limitations and requirements provided by law as to
for purchasers of such the lands;
(3) the terms and conditions of payments as required by
law; and
(4) the place where lists of lands to be offered for sale
may be obtained.
92.15 [APPLICATION.]
All other requirements and provisions relating to the sale
of school and other state lands shall apply with full force to
sales made under sections 92.02, 92.10, 92.13, and 92.14.
92.16 [CERTIFICATE OF SALE.]
Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of
the sale the commissioner shall execute, acknowledge, and
deliver to the purchaser a certificate of sale in which he shall
certify, numbered and made assignable, certifying the
description of the land sold, the its quantity thereof, the
price per acre, the consideration paid and to be paid, and the
time and terms of payment, and which shall be numbered and made
assignable. No A certificate shall must not be delivered
until the sum required by law to be paid at the time of the sale
is paid to the treasurer of the county where such the sale takes
place and in case. If the purchaser fails to pay such the sum
, the commissioner may immediately reoffer the land for sale,
but no bid shall may be received from the person so failing.
Subd. 2. [DEFAULT IN PAYMENT OF INTEREST; RESALE.] Upon
cancellation of any certificate of sale the commissioner may
without notice take possession of the lands therein described in
the certificate and resell the same them at public auction in
the same manner and under the same rules as provided for the
first sale. When the commissioner shall have has reappraised
and, advertised, and publicly offered the lands for sale such
lands, a reentry shall be the state is deemed to have been made
on the part of the state reentered the lands without any other
act or deed, but this shall is not be essential to cancellation
of the certificate of sale nor and does not extend thereafter
any rights of any person claiming under such the certificate.
The purchaser at such the sale shall be is entitled to immediate
possession. If the land is not again sold after cancellation of
a certificate of sale, it shall be deemed to be is unsold land
of the state, free and clear of any and all rights claimed by
any person under such the certificate whether in actual or
constructive possession thereof.
Subd. 3. [APPLICATION.] The provisions of Mason's
Supplement 1940, section 6285, as the same it existed before the
passage of Laws 1941, chapter 374, shall apply applies to all
state lands of any kind therein referred to in it sold after the
passage of Extra Session Laws 1933-1934, chapter 39, January 5,
1934, and prior to before May 1, 1941. The provisions of
Mason's Minnesota Statutes of 1927, section 6285, as the same it
existed prior to before the passage of chapter 39, shall
apply applies to all such state lands sold prior to before the
passage of chapter 39, with like effect as if chapter 39 and
Laws 1941, chapter 374, had not been enacted. Section 6285, as
amended by Laws 1941, chapter 374, shall apply applies to all
state lands sold on or after May 1 April 30, 1941.
Subd. 4. [LANDS REPOSSESSED OR REENTERED.] In any case
where any If state lands sold prior to before the passage of
Extra Session Laws 1933-1934, chapter 39, January 5, 1934, have
been repossessed or reentered prior to before the passage of
Laws 1941, chapter 374, in accordance with the provisions of
Mason's Minnesota Statutes of 1927, section 6285, as the same it
existed prior to before the passage of chapter 39, such the
reentry or repossession shall be is valid and effectual for all
purposes, as provided by Section 6285.
92.163 [EXTENSION FOR PAYMENT ON STATE LAND CERTIFICATES.]
Subdivision 1. [LIMITATION.] The time for payment of the
principal of any certificate of sale of state public land sold
prior to before May 1, 1941, which has expired or will expire
hereafter, shall be is extended as herein provided in this
section.
Subd. 2. [CERTIFICATE HOLDER TO FILE APPLICATION.] Before
the expiration of the time for the payment of principal
specified in the original certificate of sale, or any lawful
extension thereof by law, the holder of the certificate shall
file with the commissioner of natural resources an application
for an extension of time of payment in such the form as
prescribed by the commissioner shall prescribe. The applicant
shall submit to the commissioner the certificate of sale or an
affidavit of the circumstances if the same it has been lost or
destroyed, or cannot be produced for any other reason, together
with such other proof of the applicant's rights as required by
the commissioner may require. At least 15 percent of the unpaid
principal shall must be paid with the application, together with
all unpaid interest and penalties accrued to date. The
remaining unpaid principal, with interest, shall be is payable
in like manner as provided by Mason's Minnesota Statutes 1927,
section 6267, as amended by Laws 1941, chapter 374, and. The
rights of the certificate holder, and all other proceedings in
the matter shall be are subject to the provisions of said that
section and other applicable laws, as if the land has been sold
thereunder under them on the date of the filing of the
application for extension.
Subd. 3. [CERTIFICATE OF EXTENSION.] Thereupon the time
for payment shall be is extended and. The commissioner shall
issue a certificate of extension in form approved by the
attorney general, and the original certificate shall be deemed
modified in accordance with the provisions of such extension
certificate it. The duplicate of the certificate shall must be
attached to the duplicate original certificate of sale on record
in the office of the commissioner of natural resources.
Subd. 4. [APPLICATION OF SECTION 92.163.] The provisions
of This section shall does not apply in any case where if the
certificate of sale has heretofore been absolutely terminated
and made void, without right of redemption, nor in any case
where or if the land has become forfeited to the state for
delinquent taxes.
92.165 [CERTIFICATE OF RELEASE.]
Subdivision 1. [RELEASE BY COMMISSIONER.] Whenever it
shall appear appears (1) that the terms of a certificate of sale
of state public lands have been fully complied with so as to
have entitled entitling the owner to a patent under the terms of
the certificate,; (2) that such the patent has not been issued
; and (3) that after such compliance, such the lands were
forfeited to the state for nonpayment of taxes accruing
after such compliance, the commissioner shall, upon resolution
of the county board of county commissioners of the county in
which said the lands lie, issue a certificate reciting that
there was compliance with the terms of the certificate of
sale prior to such before the forfeiture, and releasing such the
lands from the trust attached thereto prior to before their sale
as state public lands.
Subd. 2. [DELIVERY OF CERTIFICATE.] Such The certificate
shall must be delivered to the county auditor and be by him
placed on. The county auditor must record it with the county
recorder without payment of any recording fee.
Subd. 3. [STATUS OF OTHER TAX FORFEITED LANDS.] Thereafter
From the date of forfeiture, the title and status of such the
lands from the date of forfeiture shall be is the same as that
of other tax forfeited lands.
92.17 [EFFECT OF CERTIFICATE; RECORD.]
A certificate of sale entitles the holder to the possession
of the land therein described in it, but the fee shall remain
remains in the state until a patent is issued therefor. These
The certificates, assignments, and patents may be filed for
record with the county recorder.
92.18 [CERTIFICATES, DIVIDED.]
When the holder of any a certificate shall surrender the
same surrenders it to the commissioner, with a request to have
divide the land therein described divided in it, and two or
more certificates issued therefor, it shall be lawful for the
commissioner so to do may issue two or more certificates. No
new certificate shall issue may be issued while any interest is
delinquent or if the commissioner shall be of the opinion
believes that the security of the state would be impaired or
endangered thereby. If the An applicant shall desire who
requests a division by boundaries other than regular government
or state subdivisions, he shall must file with his the
application a plat and survey showing the lines of, and the
quantity of land in, each subdivision.
92.19 [ASSIGNMENT; EXTENSIONS OF PAYMENT.]
When any a certificate is assigned, the assignment shall
must be executed in the same manner as like a deed of land and
acknowledged by the assignor. When any an extension of the time
of payment is agreed upon such, the agreement shall must be in
writing, executed in like manner like a deed, and a record
thereof preserved recorded in the office of the commissioner.
92.20 [VOID SALES; REFUND.]
Any A sale made by mistake, or not in accordance with law,
or obtained by fraud, shall be is void, and the certificate
issued thereon shall be of no effect; and on it is void. The
holder of such a void certificate shall be required to must
surrender the same it to the commissioner who, except in cases
of fraud on the part of the purchaser, shall cause refund to the
holder the money paid on such the sale to be refunded to the
holder.
92.21 [REDEMPTION OF FORFEITED STATE LANDS.]
Subdivision 1. [CONDITIONS OF REDEMPTION.] In any case
where the rights of the If the holder of a certificate of sale
of any state public land sold before January 6, 1934, have
become forfeited by a forfeits rights for failure to pay
the amount of interest due under the certificate, if the
certificate holder he or she may redeem the rights as follows.
Before resale at public auction of the lands described in the
certificate, the holder shall pay to the state treasurer the
amount of interest then due and payable on such the certificate,
with interest thereon at four percent from the time when the
same it became due at four percent, such. The payment shall
operate as is a redemption of the rights of the certificate
holder, and reinstate the certificate in full force, provided,
as follows is reinstated, if the following conditions are met:
(1) If the default in payment occurred before July 1, 1941,
the amount required for redemption shall must be paid not later
than December 31, 1941;.
(2) If the default in payment occurred on or after July 1,
1941, the amount required for redemption shall must be paid
within six months after the occurrence of the default;.
(3) If the time for payment of the principal specified in
the certificate has expired but an extension of time by law has
not expired, the full amount due on the principal together with
interest, has herein provided, and all other sums due the state
on the land shall must be paid, and thereupon. After payment, a
patent for the land shall must be issued to the certificate
holder as provided by law;.
(4) No such redemption shall be is permitted in any case
where if the time for payment of the principal as specified in
the certificate and all its lawful extensions thereof provided
by law have expired, nor in any case where or if the certificate
of sale has been absolutely terminated and made void without
right of redemption under any prior or existing law, nor in any
case where or if the land has become absolutely forfeited to the
state for delinquent taxes;.
(5) The provisions of This section shall does not suspend
or otherwise affect any proceedings for the resale of state
public land unless redemption is made before sale of the land to
an actual purchaser.
Subd. 2. [CERTIFICATE VOID WHEN LAND NOT REDEEMED.] In
every case where If a certificate of sale of state public land
sold before January 6, 1934, has been or shall be is canceled
after default by reappraisal and reoffer of the land for sale,
and where the default shall is not be redeemed and the
certificate reinstated, as provided by this section, the
certificate shall be deemed is absolutely canceled and void, and
all right, title, and interest of the purchaser, his or her
heirs, representatives, or assigns, in the land shall terminate
terminate without further act on the part of the state;
provided, that. This shall subdivision does not preclude any
other method of termination prescribed by law.
92.211 [TIME OF PAYMENT EXTENDED.]
Subdivision 1. [EXTENSION ON CERTIFICATES EXPIRING BEFORE
JULY 1, 1943.] The time for payment of the principal on every
certificate of sale of state public land which has expired or
will expire before July 1, 1943, is hereby extended to December
31, 1943, subject to payment of interest as provided by law and
to all other conditions of the certificate, and. Upon payment
of such the principal and interest and all other sums due the
state upon the land within the extended time, a patent for the
land shall must be issued to the holder of the certificate as
provided by law.
Subd. 2. [EXTENSION FOR SIX MONTHS ON CERTIFICATES
EXPIRING AFTER JUNE 30, 1943.] The time for payment of the
principal on every certificate of sale of state public land sold
before May 1, 1941, which expires on or after July 1 June 30,
1943, is hereby extended for a period of six months after the
time specified in the certificate, subject to the payment of
interest as provided by law and to all other conditions of the
certificate, and. Upon payment of such the principal and
interest and all other sums due the state upon the land within
the extended time, a patent for the land shall must be issued to
the holder of the certificate as provided by law.
Subd. 3. [NO EXTENSIONS ON VOID CERTIFICATES.] The
provisions of This section shall does not apply in any case
where if the certificate of sale has been absolutely terminated
and made void without right of redemption under any prior or
existing law, nor in any case where or if the land has become
absolutely forfeited to the state for delinquent taxes.
Subd. 4. [FAILURE TO PAY WHEN DUE.] In every case where If
the full amount of principal with interest and all other sums
required for obtaining to obtain a patent under a certificate of
sale of state public land sold before May 1, 1941, are is not
paid before the expiration of the time allowed by law for
payment of the principal, the certificate shall be deemed is
absolutely canceled and void, and all right, title, and interest
of the purchaser, his or her heirs, representatives, or assigns,
in the land shall terminate without further act on the part of
the state; provided, that. This shall subdivision does not
preclude any other method of termination provided by law.
92.212 [CERTAIN LANDS PRESUMED ABANDONED.]
In any case where If full payment of the amount due the
state for any state public land sold before May 1, 1941, shall
is not have been made before the expiration of the time
prescribed in the certificate for full payment of the principal
or any extension of such time provided by law, it shall be is
presumed that the purchaser and all persons claiming under him
have left and the purchaser abandoned the land and all right,
title, and interest therein in and claim thereto to it, and
have released the same it absolutely to the state and its
assigns.
92.213 [LIMITATION OF ACTIONS.]
In any case where If full payment of the amount due the
state for any state public land sold before May 1, 1941, shall
is not have been made before the expiration of the time
prescribed in the certificate for full payment of the principal
or any lawful extension of such time provided by law, no action
for the recovery or possession of the land or for the
enforcement of any right, title, or interest therein in, or
claim thereto shall to it may be maintained by the purchaser or
any one claiming under him the purchaser unless such the action
is commenced within one year after the expiration of such
prescribed the time or extension.
92.214 [CERTIFICATES DEEMED CANCELED IN CERTAIN CASES.]
In every case where If the interest of the purchaser of a
tract of state public land as heretofore or shall hereafter
become becomes forfeited to the state for delinquent taxes, the
certificates shall be deemed are canceled and terminated, and
the land shall be held by the state as unsold public land, free
from any right, title, interest, or claim of the purchaser, his
or her heirs, representatives, or assigns, and free from any
trust in favor of any a taxing district.
92.215 [TAXES CANCELED.]
In every case where If the rights of a purchaser of state
public land, his or her heirs, representatives, or assigns, have
been or shall hereafter be absolutely terminated in any manner,
all unpaid taxes and assessments against the land at the date of
such the termination shall be are canceled and the county
auditor shall make entry thereof upon his records of such
lands must record the termination.
92.22 [REFUNDMENT REFUNDS OF TAX CERTIFICATES UPON CERTAIN
ON REFORM SCHOOL LANDS.]
Any holder of If (1) a tax certificate of sale or state
assignment certificate, who became the owner thereof prior to
the adoption of Laws 1902, Extra Session, Chapter 2, which
describes reform school lands, so-called, or any tract, lot, or
subdivision thereof of them, and which (2) the certificate was
sold by the state upon contract prior to before 1902, to a
purchaser who has since defaulted in the performance of the
conditions thereof, on the contract so that the land is now
owned in fee simple by the state, and (3) the holder of the
certificate became holder before the adoption of Laws 1902,
Extra Session, chapter 2, the holder may petition the board of
county commissioners board of the county wherein such where the
lands are situated, setting forth fully and fairly all the facts
pertaining thereto and to the certificate. The board of county
commissioners shall thereupon inquire into the truth of the
facts alleged in the petition and,. If it is satisfied that the
facts are fully and fairly stated therein, it shall so certify
to the director; and.
If he the director is satisfied that a refundment refund
should be made to the holder of the certificate or certificates,
or any of them, for the amount thereof, of the certificate
without interest, he or she shall authorize the refundment
refund of the amount paid therefor, together with for it, plus
the amount of other subsequent taxes upon on the property paid
by the holder thereof, but without. The refund must not include
interest upon on any of these amounts and,. Upon the surrender
of the proper assignment of these certificates, the county
auditor shall draw an order upon the county treasurer of the
county for the sum so authorized to be refunded, the same to of
the refund. The order must be countersigned and paid like other
county orders. The several funds, state, county, town, city,
school, and other funds, shall be charged with their several
proportions of the amount thus refunded.
92.23 [PAYMENTS; RECEIPTS; LIABILITY OF OFFICIALS.]
The holder of any a certificate of sale may pay to the
treasurer of the county in which containing the land therein
described is situated any amount due on such the certificate.
For the amount so paid The treasurer shall issue quadruplicate
receipts specifying the date, the name and address of the person
making the payment and the date and amount thereof, the amount
paid, whether for principal or interest, the fund to which it is
applicable, and the number of the certificate, which receipt
shall. The receipt must be countersigned by the auditor of the
county, and shall have has the same force and effect as if given
by the state treasurer. The county treasurer shall deliver one
copy to the holder of the certificate, one to the county
auditor, one to the commissioner, and retain one copy.
The liability under the official bonds of county treasurers
and of their deputies and employees shall include includes
liability for the faithful performance of the their duties of
such treasurers, deputies, and employees, under this section.
92.24 [MONEYS PAID TO STATE TREASURER.]
Each The county treasurer shall must hold all moneys
money received by him on account of such certificates of sale
subject to the order of the state treasurer and as of. On June
30 and December 31 each year and at other times when requested
by the state treasurer he, the county treasurer shall pay into
the state treasury all such moneys the money received since the
last payment made.
92.25 [FEES OF TREASURER; STANDING APPROPRIATION.]
County treasurers shall be are entitled to fees of one
percent on each dollar received by them in payment of principal
or interest on account of such certificates of sale, which. The
fees shall must be paid by the state from the current fund of
the class of lands on which the payment is made and shall. They
are not be payable to the county under any provision requiring
county treasurers to pay fees into the treasuries of their
respective counties; and. The necessary sums for the payment of
these fees are hereby annually appropriated from the several
interest funds.
There is hereby appropriated out of any moneys in the state
treasury not otherwise appropriated, such sums as may be from
the general fund the amount necessary, from time to time, to pay
such amounts as are necessary the fees under this section.
92.26 [STATEMENT OF SALES.]
On or Before May 1 2 each year the director shall transmit
to each county treasurer who has executed and returned his bond
a statement showing the lands sold in that county, the classes
to which the same they belong, the numbers of the certificates
of sale, the names name of the persons to whom they were,
respectively, each was issued, and the amount of principal and
interest due on each certificate on June 1, together with such.
The director shall provide instructions and blanks as
shall forms to enable the treasurer to carry out the provisions
of this chapter.
92.27 [COUNTY AUDITORS; DUTIES AND POWERS.]
Each county auditor, At the time he is required by law to
return abstracts of settlement to the commissioner or at any
other time requested by the commissioner, the county auditor
shall forward to the commissioner all duplicate receipts of
principal, interest, or penalties delivered to him the auditor,
with a certified statement of such collections by the county
treasurer, specifying. The certified statement must specify the
amount of each item, and make such return at any other time when
requested by the commissioner. The county auditor shall act as
clerk of land sales made by the commissioner and may make such
sales when authorized by him the commissioner, in which case his
the auditor's deputy shall act as clerk. Immediately after the
close of all sales, the county auditor shall report to the
commissioner the description of each tract sold, the amount for
which it was sold, and the amount paid. For each day while so
engaged the county auditor shall be allowed the sum of paid $3,
to be paid. Payment must be made out of any appropriation for
the appraisal and sale of these lands.
92.28 [PROCEEDS OF SALES; DISTRIBUTION.]
The principal sums accruing from all sales by the
commissioner of school, university, internal improvement, or
other state lands, or of pine timber upon the same, shall become
a part of state lands must be deposited in the several permanent
funds to which they, respectively, belong and shall. The sums
may not be reduced by any costs or charges of officers, by fees,
or any other means. All Moneys received as interest on such the
funds, or as penalties, or as rents of such the lands, shall
become part of must be deposited in the current or general funds
to which they, respectively, belong. All Interest and penalties
on the internal improvement land fund, and rents of such the
land, shall must be compounded with the permanent fund.
92.29 [LAND PATENTS.]
The governor shall sign and issue, under the seal of the
state, attested by the commissioner, a patent for the land
described in any certificate of sale when the same it is
presented to him endorsed with the certificate of the
commissioner endorsed thereon (1) that the principal and
interest specified therein in it and all taxes due on this land
have been paid and (2) that the patent should issue to the named
patentee; and such. The patentee shall be the purchaser named
in such the certificate of sale, or his the purchaser's
successor in interest by execution, judicial, mortgage or tax
sale, or his or her assignee, vendee, heir or devisee, as shown
by a properly certified abstract of title or other evidence if
the named patentee is any person other than the original
purchaser. If the certificate of sale has become lost or
destroyed, an affidavit stating that fact shall must be
submitted by the applicant for a patent.
92.30 [STATE TO SELL CERTAIN LANDS.]
The department is hereby authorized and directed to take
the proper and necessary proceedings, under laws relative to the
sale of state swamp lands and state school lands, to may sell
any and all state-owned lands, including any lands set apart as
school forests or other state forests, lying within the general
boundaries of the Superior national forest and the Chippewa
national forest, in the state of Minnesota, as such the
boundaries now exist or may hereafter be extended, which to the
United States may desire to acquire to be included as a part of
either of these forests, and which shall. The lands must be
designated by the executive council, upon the recommendation of
the commissioner, for disposal to the United States for such
that purpose, and at such sale these lands shall be purchased
for the state by the commissioner at a price not exceeding. The
purchase price paid at the sale by the commissioner for the
state may not exceed a maximum fixed by the executive council.
All laws relating to the sale of state swamp lands and state
school lands apply to sales under this section.
92.31 [STATE MAY EXCHANGE LAND.]
The executive council is hereby authorized and empowered to
may exchange any or all of the lands which may be acquired by
the state by purchase, as set forth in section 92.30, for lands
of the United States of the same general character and of
substantially the same value as that in its judgment will
promote the best interests of the state upon such. The council
may set the terms and conditions as it shall deem proper and to
that end of the sale. It may accept or pay out of any available
funds such any cash differences as will affect needed to effect
an equitable exchange of lands. The executive council is hereby
authorized to cause may have any lands so acquired to be under
this section appraised by such competent authority as it shall
appoint or direct.
92.32 [GOVERNOR TO EXECUTE CONVEYANCES.]
For the purpose of carrying To carry out the objects of
sections 92.30 and 92.31 the governor is hereby authorized and
empowered to may execute proper instruments of conveyance in the
name and under the seal of the state.
92.321 [SALE FOR FORESTRY PURPOSES.]
Subdivision 1. [COMMISSIONER MAY SELL LANDS.] Any state
public land, except as otherwise reserved, which in the opinion
of the commissioner of natural resources is appropriate and
suitable for private forest management, to be used exclusively
for the growing of continuous forest crops in accordance with
accepted sustained yield practice, may be appraised and offered
at public sale, subject to the approval of the executive
council, in the same manner as other state land. The
commissioner of natural resources may appraise and sell any
unreserved state public land which in his or her opinion is
suitable for private forest management.
Subd. 2. [CONDITIONS OF SALE.] Sales under this section
must be public in the same manner as other state land, after
approval by the executive council. Land sold under this section
must be used exclusively for growing continuous forest crops in
accordance with accepted sustained yield practice. Not more
than 1280 acres of such land will may be offered in one
parcel nor sold on any other terms than. The sale must be for
cash.
92.34 [COUNTY LAND CLASSIFICATION COMMITTEE.]
There must be a land classification committee in each
county of the state having 25 percent or more of its land area
delinquent for non-payment of taxes, or where 25 percent or more
of its land area is owned by the state or the United States,
there shall be a committee of land classification. The
committee is composed of the county auditor, the chairman chair
of the board of county commissioners, the county treasurer, the
county surveyor, and the county superintendent of schools. The
chairman chair of the board of county commissioners shall be
chairman is chair of the county land classification committee.
In any such county having a county agricultural agent, this the
agent shall meet and advise with the committee. The
committee shall must meet at the office of the county auditor as
often as may be necessary upon call of the county auditor.
92.35 [DUTIES AND POWERS.]
It shall be the duty of The commissioner of energy,
planning and development, to must classify all public and
private lands in the state with reference to by the use to which
the lands are adapted, but principally as to adaptability to
present known uses, such as agriculture and forestry. This
classification shall must be based upon a on consideration of
the known physical and economic factors affecting the use of the
land. The commissioner of energy, planning and development
shall must consult with private, state, and federal agencies
concerned with land use, and. The commissioner may appoint such
advisory committees as the commissioner may deem necessary and
advisable, made up of residents of the state concerned with and
interested in land use,. The advisory committees to shall serve
without pay, at the pleasure of the commissioner of energy,
planning and development, and to. The advisory committee must
consider and report upon on land use problems submitted by the
commissioner of energy, planning and development. The work of
the commissioner of energy, planning and development shall first
classification must be done first in the counties having land
classification committees. In determining the land
classification, the commissioner of energy, planning and
development shall must consult, advise with, and cooperate with
the land classification committee in each county in obtaining
and considering the facts upon which to determine the
commissioner's land classification; the land classification
committee in each county shall consult, advise with, and
cooperate with the commissioner of energy, planning and
development in like manner, but. The determination of the land
classification committee shall be is final.
92.36 [LANDS CLASSIFIED.]
Upon the basis of all of the facts concerning land use now
obtainable and in the manner as provided in sections 92.34 to
92.37 the commissioner of energy, planning and development,
shall make and determine a temporary land classification
of temporarily classify land areas with reference to the known
uses to which the areas are adapted or adaptable. A certified
copy of the temporary classification, together with a brief
statement of the reasons therefor for it, shall must be recorded
in the office of the county recorder in each county in which
containing the lands classified are located. No fees shall need
be paid for this recording. When After the temporary
classification has been adopted by the commissioner of energy,
planning and development, none of the lands classified as
nonagricultural shall thereafter may be sold or leased by the
state for agricultural purposes.
92.37 [REPORT TO LEGISLATURE.]
The commissioner of energy, planning and development, shall
report the results of its the land classification to the
legislature with such any recommendations as it may deem deemed
advisable.
92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE;
EXCEPTION.]
All state lands bordering on or adjacent to meandered lakes
and other public waters and watercourses and, with the live
timber growing or being thereon hereby on them, are withdrawn
from sale except as hereinafter provided in this section. The
commissioner of natural resources may sell any such the timber
as otherwise provided by law for cutting and removal under such
conditions as he shall prescribe or she prescribes. The
conditions must be in accordance with approved, sustained-yield
forestry practices. He shall The commissioner must reserve such
the timber and impose such other conditions as he or she deems
necessary for the protection of to protect watersheds, wildlife
habitat, shorelines, and scenic features. Within the area in
Cook, Lake, and St. Louis counties described in the Act of
Congress approved July 10, 1930, (46 Stat. 1020), the timber on
state lands shall be is subject to like restrictions as are
like those now imposed by said the act on federal lands.
The following land is reserved for public travel: of all
such land bordering on or adjacent to meandered lakes and other
public waters and watercourses and so withdrawn from sale, a
strip two rods in width wide, the ordinary high-water mark being
the its water side boundary thereof, and the its land-side
boundary thereof being a line drawn parallel to the ordinary
high-water mark and two rods distant landward therefrom, hereby
is reserved for public travel thereon, and from it. Wherever
the conformation of the shore line or conditions require, the
commissioner shall must reserve a wider strip for such purposes.
Any such The commissioner may sell state lands bordering on
or adjacent to the Mississippi River or any such lakes, waters,
and watercourses in the its bottom lands thereof, desired or
needed by the United States government for, or in connection
with, any project heretofore authorized by congress for the
improvement of, to improve navigation in the Mississippi River,
may be sold by the commissioner at public sale according to law,
as in other cases, upon application by a fully an authorized
United States official, setting forth a description of. The
application must describe the land and transmitted with include
a map showing its location with reference to adjoining
properties.
92.46 [LANDS AS CAMP GROUNDS.]
Subdivision 1. [PUBLIC CAMP GROUNDS.] The director may
designate suitable portions of the state lands so withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public camp grounds and cause the same to be.
The director may have the land surveyed and platted into lots of
convenient size, and may lease and let such lots them for
cottage and camp purposes under such terms and conditions as he
may prescribe or she prescribes. No lease shall may be made for
a longer term more than ten years, with the privilege of. The
lease may allow renewal, from time to time, for additional terms
of not to exceed no longer than ten years each. All moneys
money received from these leases of state lands so withdrawn
from sale shall must be credited to the fund to which the
proceeds of the land belong.
Subd. 1a. [TERMINATION OF LEASING.] Effective May 22,
1973, no new leases shall may be made pursuant to subdivision
1. In any case where If substantial improvements have been made
to land leased pursuant to subdivision 1, the commissioner shall
must require the lessee to comply with applicable county
ordinances for the management of shoreland areas and shall must
cancel any lease for noncompliance with these standards except
those unless the substandard uses use is authorized by the
county ordinance.
92.461 [PEAT LANDS.]
Subdivision 1. [PEAT LANDS WITHDRAWN FROM SALE.] All lands
now or hereafter owned by the state which are chiefly valuable
by reason of deposits of peat in commercial quantities
are hereby withdrawn from sale.
Subd. 2. [EXAMINATION BY COMMISSIONER OF NATURAL
RESOURCES.] Before any state land is offered for sale the
commissioner of natural resources shall cause such land to be
examined must examine it to determine whether the land is
chiefly valuable by reason of deposits of peat in commercial
quantities.
92.50 [UNSOLD LANDS SUBJECT TO SALE MAY BE LEASED.]
Subdivision 1. [LEASE TERMS.] The commissioner of natural
resources may lease, at public or private vendue and at the
prices and under the terms and conditions as he or she may
prescribe, may lease any state-owned lands under his or her
jurisdiction and control for the purpose of taking and removing
sand, gravel, clay, rock, marl, peat, and black dirt, for
storing ore, waste materials from mines, or rock and tailings
from ore milling plants, for roads or railroads, or for any
other uses not inconsistent consistent with the interests of the
state. Except as otherwise provided in this subdivision, the
term of the lease shall may not exceed ten years. Leases of
lands for storage sites for ore, waste materials from mines, or
rock and tailings from ore milling plants, for the removal of
peat, or for the use of peat lands for agricultural purposes may
be made for not exceed a term not exceeding of 25 years. Leases
for the removal of peat shall must be approved by the executive
council.
All leases shall be made must be subject to sale and
leasing of the land for mineral purposes under legal provisions
and contain a provision for their cancellation at any time by
the commissioner upon three months' written notice. A longer
notice period, not exceeding three years, may be provided in
leases for storing ore, waste materials from mines or rock or
tailings from ore milling plants. The commissioner may
determine the terms and conditions, including the notice period,
for cancellation of a lease for the removal of peat. All Money
received from leases under this section shall must be credited
to the fund to which the land belongs.
Subd. 2. [LEASES FOR TAILINGS DEPOSITS.] The commissioner
may grant leases and licenses for terms not exceeding 25 years,
subject to cancelation at any time upon three years' notice, to
deposit tailings from any iron ore beneficiation plant in any
public lake not exceeding 160 acres in area, upon first after
holding a public hearing in the manner and under the procedure
provided in Laws 1937, chapter 468, as amended; and upon finding
in pursuance of such public the hearing:
(a) that such use of each lake is necessary and in the best
interests of the public,; and
(b) that the proposed use will not result in pollution or
sedimentation of any outlet stream;.
Provided, further, that The lease or license may not exceed
a term of 25 years and must be subject to cancellation on three
years' notice. The commissioner may impose further conditions
and restrictions with respect to restrict use of said the lake
to safeguard the public interest, including the requirement and
may require that the lessee or licensee acquire suitable permits
or easements from the owners of all lands riparian to such the
lake. Any Money received therefrom shall from the leases or
licenses must be deposited in the permanent school fund.
92.51 [LANDS SOLD ARE TAXABLE TAXATION; REDEMPTION; SPECIAL
CERTIFICATE.]
State lands sold by the director shall thereupon become
taxable and. A description of each the tract so sold, with
the name of the purchaser, shall must be transmitted to the
proper county auditor, who shall. The auditor must extend the
same land for taxation like other land. The interest in the
land to be sold for the enforcement of delinquent taxes shall be
such Only as is the interest in the land vested by the land sale
certificate in the its holder and owner thereof may be sold for
delinquent taxes. Upon production to the county treasurer of
the tax certificate given upon tax sale, in case the lands have
not been redeemed, the tax purchaser shall have has the right to
make any payment of pay the principal and interest then in
default upon such the land sale certificate as the its assignee
thereof. In order To redeem from any such a tax sale, the
person redeeming must pay the county treasurer, for the holder
and owner of the tax sale certificate, in addition to all sums
required to be paid in other cases, all amounts paid by such the
holder and owner for interest and principal upon such the land
sale certificate, with interest at 12 percent per annum
year. When the director, upon receipt of receives the tax
certificate to which is attached with the county auditor's
certificate of the county auditor of the expiration of the time
for redemption, and the county treasurer's receipt of the county
treasurer for all delinquent interest and penalty on the land
sale certificate, he or she shall issue to the holder and owner
of the tax certificate a special certificate embodying with the
same terms and conditions and with like force and the same
effect, as the original land sale certificate, and in lieu
thereof.
ARTICLE 4
Section 1. Minnesota Statutes 1984, chapter 219, is
amended to read:
219.01 [CONSTRUCTION OF RAILROADS TRACK SAFETY STANDARDS.]
The track safety standards of the United States department
of transportation and federal railroad administration track
safety standards shall apply to all railroad trackage and shall
be standard are the standards for the determination of unsafe
trackage within the state.
219.06 [SIGNS AT CROSSINGS.]
Every A railroad company shall maintain, wherever any of
its lines crosses cross a public road, a proper and conspicuous
sign indicating such crossings the crossing. Any such A
railroad company failing to comply with any requirement of this
section shall forfeit to the town or municipality having charge
of such the road $10 for each day such the failure continues.
219.071 [MAINTENANCE OF GRADE-CROSSING SURFACES.]
Subdivision 1. [STANDARDS.] It is the primary
responsibility of the owner or lessee of railroad track in
Minnesota to maintain keep grade-crossing surfaces over public
highways in a safe and passable condition for vehicular traffic
in a manner consistent with appropriate federal track safety
standards. The surfaces shall must extend the full width of the
public highway within the railroad track structure.
Subd. 2. [COST PAYMENT OF COSTS.] If a grade-crossing
surface, as defined in section 219.16, is in need of needs
repair or maintenance, the cost for the repair or maintenance
may be paid jointly by the owner or lessee of the track, the
road authority having jurisdiction over the public highway
involved and funds that may be available to the department for
grade-crossing surfaces from the following sources:
(1) Moneys money appropriated to the department in the
future for the purposes of this section.;
(2) available federal funds allocated to this state for the
grade-crossing program established by this section.; and
(3) Moneys money acquired by the department from any by
gift, grant, or contributions contribution from any source for
purposes of this section.
Subd. 3. [COST ALLOCATION AGREEMENT.] If the owner or
lessee of the railroad track and the road authority having
jurisdiction over the public highway involved agree upon the
allocation of the cost of repair or maintenance of the
grade-crossing surface, a copy of the agreement shall must be
filed with the commissioner. If the parties to the negotiations
contemplate the use in whole or in part of the using funds
described in subdivision 2, either party shall notify the
commissioner before the conclusion of negotiations and the
department may participate in the negotiations and may be a
party to the agreement and participate in the costs incurred
subsequent to agreement.
Subd. 4. [COMMISSIONER DETERMINATION.] (a) If the owner or
lessee of the railroad track and the road authority having
jurisdiction over the public highway at the grade crossing
cannot reach an agreement under subdivision 3 regarding repair
or maintenance of a grade-crossing surface, either party may
invoke the jurisdiction of the department by (1) filing with the
commissioner a statement setting forth the status of
negotiations and (2) requesting the commissioner to make a final
determination of the dispute.
(b) The commissioner, after written notice to notifying in
writing the parties involved in the negotiations and after
providing an opportunity for the parties to participate in a
conference, may order the repair or maintenance of the
grade-crossing surface within a reasonable time as is needed to
comply with the standards set forth in subdivision 1 above.
(c) The order of the commissioner, in addition to enforcing
the responsibility of the owner or lessee of the railroad track
in question, may provide for participation in the costs of the
project (1) by the road authority or, (2) from the funds
available to the department in subdivision 2 above, or (3)
through other formulas as may be practical and reasonable under
the circumstances.
(d) A party failing to comply with an order of the
commissioner shall be is subject to a penalty of $50 for each
day of noncompliance and each day shall constitute a separate
offense, to be recovered for the state in a civil action
instituted by the department. Each day of noncompliance
constitutes a separate offense.
Subd. 5. [APPEAL.] A party subject to an order issued
pursuant to under subdivision 4 may appeal the order of the
commissioner to the district court of the county in which the
grade crossing is located; and,. In case of appeal, the same
proceedings shall must be conducted as are now provided by law
for an appeal from orders of the commissioner. All Orders of
the commissioner shall must be enforced by the attorney general.
219.072 [ESTABLISHMENT OF NEW GRADE CROSSINGS.]
The establishment of all new grade crossings shall must be
approved by the commissioner. When it establishment of a new
grade crossing is desired, either by the public officials having
the necessary authority or by the railroad company, to establish
a new grade crossing and an agreement cannot be reached between
the public officials and the railroad company, either cannot
agree as to need, location, or type of warning devices required,
either party may file a petition with the commissioner setting
forth the facts and submitting the matter for determination.
The commissioner, after notice as she or he shall deem deems
reasonable, shall conduct a hearing and issue his an order
determining the matters so submitted.
219.08 [CROSSINGS; CHANGE OF GRADE.]
When any a railroad company changes or raises the grade of
its tracks at any a crossing, it shall also grade the approaches
on each side so as to make the approach and crossing of the
tracks safe for vehicles.
219.09 [WHERE MORE THAN ONE TRACK CROSSES HIGHWAY MULTIPLE
TRACKS ACROSS ROAD; RAILROAD DUTY OF RAILROAD.]
When any such a railroad companies have company has more
than one track crossing such highways a highway, it shall be is
unlawful to raise or maintain one such track at a higher grade
than the other tracks; and it the company shall cause all raise
or lower such tracks to be raised or lowered to about the same
level so as not to endanger the safe passage of teams and other
vehicles over such the tracks at such those crossings.
219.10 [PENALTY FOR VIOLATION.]
Subdivision 1. [NONCOMPLIANCE, PENALTY.] Every A railroad
company who shall refuse refuses or neglect neglects to comply
with the provisions of sections 219.08 and 219.09 for the space
of within 30 days after having been being notified to comply
in writing to comply by any a road authority shall be is
guilty of a violation of sections 219.08 and 219.09 and shall be
subject to a fine of $50 for each day thereafter that such the
crossing is left in such dangerous and unsafe condition and.
Each such day shall constitute of violation constitutes a
separate offense.
Subd. 2. [DUTY OF COUNTY ATTORNEY.] The A county attorney
of any county may institute court proceedings for the collection
of the to collect fines, together with all costs and
disbursements on the part of the road authority making the
complaint, together with and $100 attorney's fees for each
prosecution.
219.13 [FARM CROSSING.]
Any A railroad company constructing a railroad so as to
leave parts of any a farm on different sides of such the road
shall construct a proper farm crossing at some place convenient
for such that farm.
219.14 [RAILROAD CROSSINGS PROTECTED.]
Subdivision 1. [INVESTIGATION.] The board on its own
motion may investigate and determine whether any a railroad
crossing over any a street or public highway now or hereafter
established and traveled or to be traveled in this state, that
is or will be opened to public travel, is or will be when opened
to public travel dangerous to life and or property, or either,
and. The board may order the same crossing protected in any
manner it may find finds reasonable and proper, including
requiring the company to separate the grades.
Subd. 2. [HEARING.] The board shall give the interested
railroad company and road authority such notice of the
investigation as it deems reasonable, and an opportunity to be
heard before any an order is made.
219.16 [GRADE CROSSING DEFINED.]
When The term "grade crossing" is as used in this chapter
it means the intersection of a public highway and of the tracks
of any a railroad, however operated, on the same plane or level,
except street railways within city limits.
219.17 [UNIFORM WARNING SIGNS.]
The commissioner by rule shall require that uniform warning
signs be placed at grade crossings in this state. There shall
must be at least three distinct types of such uniform warning
signs: a home crossing sign, for use in the immediate vicinity
of the crossing,; an approach crossing sign, to indicate the
approach to a grade crossing,; and, when deemed necessary, a
stop sign when deemed necessary, which shall have with the word
"stop" plainly appearing thereon on it, to indicate the
necessity to that persons on the highway approaching the
crossing, whether in vehicles or otherwise, to must come to a
stop before proceeding over the grade crossing.
219.18 [RAILROAD TO ERECT SIGNS.]
At each grade crossing in this state hereafter established
after April 23, 1925 and at each grade crossing where and when
the existing crossing signs existing as of April 24, 1925 are
replaced, the railway company operating the railroad thereat at
that crossing shall erect and maintain on the highway on each
side of the railroad track or tracks and within a distance of 75
feet from the nearest rail, one or more of such uniform home
crossing signs. The signs must be on each side of the railroad
tracks and within 75 feet from the nearest rail.
219.19 [ADDITIONAL WARNING SIGNS; ROAD AUTHORITY TO PROVIDE
PROVIDED.]
At each grade crossing where, because of the conditions
surrounding the same it, the reasonable protection to life and
property makes it necessary for necessitates placing additional
warning signs to be placed on the highway at a greater distance
farther from the crossing than the home crossing signs, approach
warning signs shall must be installed. The commissioner may
designate any grade crossings requiring additional signs on
either or both sides of the crossing. When any the commissioner
designates a crossing is designated by the commissioner as
requiring additional protection, she or he shall notify the road
authority having the care of the highway. The road
authority shall, within 30 days after notification, shall
furnish and maintain uniform signs in the appropriate places on
the highway on either or both sides of the grade crossings.
219.20 [STOP SIGNS.]
Subdivision 1. [WHEN INSTALLATION REQUIRED; PROCEDURE.] At
each grade crossing where, because of the dangers attendant upon
its use, the reasonable protection of life and property makes it
necessary for all persons approaching the same crossing to stop
before crossing the railroad tracks thereat, such stop signs
shall must be installed. The commissioner may designate any
such a crossing requiring such this additional protection as a
stop crossing, and shall notify the railway company operating
the railroad thereat at the crossing of such this designation.
Within 30 days after such notification it shall be, the duty of
such railway company to shall erect such the uniform stop
crossing signs in conspicuous places on each side of the
crossing.
Subd. 2. [STOPPING DISTANCES.] When a stop sign has been
erected at a railroad crossing, the driver of any a vehicle
shall stop within 50 feet, but not less than ten feet, from the
nearest track of the crossing and shall proceed only upon
exercising due care.
219.22 [STOP, LOOK, AND LISTEN.]
Before proceeding across the railroad track at any a
crossing marked with such a stop sign, it shall be the duty of
all persons controlling the movement of vehicles to drivers
shall bring such their vehicles to a full stop and to ascertain
whether or not trains are approaching such the crossing.
219.23 [WATCHMEN CROSSING GUARD; RAILROADS TO PROVIDE.]
If the board finds in any an investigation instituted by
the commissioner or upon complaint and after opportunity for
hearing, the board finds that a watchman crossing guard is
necessary for the protection of to protect life and property at
any a grade crossing, it shall order the railway company
operating the railroad thereat at the crossing to provide a
watchman crossing guard and shall specify in the order the hours
during which when the presence of the same guard is required.
It shall thereupon be the duty of The railway company to shall
then provide a watchman crossing guard during that time. The
watchman crossing guard shall have full control over the traffic
at this crossing.
219.24 [ADDITIONAL SAFEGUARDS.]
If the board finds in any an investigation instituted upon
the commissioner's own motion or upon complaint and after notice
and hearing, the board finds that conditions exist at any a
grade crossing which in its opinion require any additional
safeguards for the protection of to protect life and property,
such as crossing gates or other suitable devices, the board
shall specify the nature of the devices required and may order
the railway company operating the railroad at such the crossing
to install the same them.
219.26 [GRADE CROSSINGS PROTECTIVE CROSSING DEVICES;
UNIFORMITY OF DEVICES FOR PROTECTION.]
It shall be the duty of The commissioner, so far as
practicable, to shall secure uniformity in the devices used to
protect grade crossings. No such devices shall may be installed
until the same they have been approved by the commissioner. All
such devices which are now in use or which may be hereafter
installed, which, in the opinion of the commissioner, conflict
with the devices approved by the commissioner, either in their
design or method of operation, so as to create a hazardous
condition hazard to the travel at such the crossing, shall
must be immediately modified by the railroad company controlling
the same so as crossing to conform to those devices approved by
the commissioner.
219.27 [VACATING OR RELOCATING CROSSINGS; HEARINGS.]
When it is desired, either by the public officials having
the necessary authority or by the railway company operating the
railroad, desires to vacate or relocate any a crossing of a
public highway and a railroad, and an agreement cannot be
reached between such public officials and the railway company,
them either as to such the vacation or relocation, or as to the
place, manner of construction, or a reasonable division of
expense in the case of a relocation, either party may file a
petition with the board, setting forth the facts and submitting
the matter to it for determination; whereupon. The board shall
then conduct a hearing and shall issue its order determining the
matters so submitted; and. Unless the board finds that the
interests and safety of the public require the continued
existence of such the crossing, it may order the same to
be crossing vacated or relocated, as the case may be.
219.28 [OVERHEAD OR UNDERGROUND APPROVAL OF CROSSINGS; AND
SEPARATE GRADES.]
The board shall approve the establishment of all overhead
or underground crossings or separation of grades.
219.29 [OBSTRUCTING PROHIBITED SIGNS.]
Subdivision 1. [OBSTRUCTING SIGNS.] No person, firm, or
corporation shall place or maintain any advertising sign or
other similar obstruction upon, over, or adjacent to any a
highway between any such an approach sign and the grade crossing
which it marks, nor shall any.
Subd. 2. [RESEMBLING SIGNS.] No person, firm, or
corporation shall place or maintain, upon, over, or adjacent to
any a public highway in this state any sign or symbol in any
manner resembling the signs provided for in sections 219.16 to
219.30.
219.30 [INJURING, DESTROYING SIGNS.]
It shall be is unlawful for any a person to maliciously
injure, remove, displace, deface, or destroy any of the signs or
signals provided for in sections 219.16 to 219.30.
219.31 [BUILDING FENCES AND CATTLE GUARDS.]
Subdivision 1. [DUTY.] Every railroad company shall build
and maintain good and substantial fences on each side of all
lines of its railroad owned and operated by it, good and
substantial fences, and build and maintain good and sufficient
cattle guards at all road and street crossings and other
openings, except at station and depot grounds, and other places
which the necessary business of the road or public convenience
requires to be open.
When the a person's land of any person lying along the a
railroad right-of-way of any railroad is enclosed on three sides
by a woven wire fence, such the railroad company shall erect and
maintain a woven wire fence of like character and quality along
the right-of-way enclosing the remaining side of the land. In
the building and maintenance of these fences and cattle guards,
every such
Subd. 2. [STANDARD OF CARE.] The railroad company shall be
is held to the exercise of ordinary diligence and care and to
such ordinary diligence and care in building and maintaining
fences and cattle guards and in keeping such cattle guards free
from ice and snow.
219.32 [FAILURE TO FENCE; LIABILITY AND DAMAGES.]
Any A railroad company failing to comply with the
requirements of section 219.31 shall be is liable for all
resulting damages, including domestic animals killed or injured
by its negligence. If it fails to pay the actual damages caused
by the killing or injury within 30 days after the damage occurs,
the plaintiff shall recover double costs. The company, before
the commencement of an action, may make tender for the injury.
If the amount recovered, exclusive of interest, does not exceed
the tender, the plaintiff shall not recover costs or
disbursements.
219.33 [FENCES;, CROSSINGS;, CATTLE GUARDS; LANDOWNER
RECOURSE.]
Subdivision 1. [LIABILITY.] Any A railroad company
operating a line of railroad in this state, which has failed or
neglected to fence the road and to erect crossings and cattle
guards, shall be is liable for all damages sustained by any a
person in as a consequence of such that failure or neglect.
Subd. 2. [MEASURE OF DAMAGES.] The measure of damages for
failure to construct or maintain such a fence shall be is as
follows: the owner of any land abutting on the line of railway
of such the railroad company may serve notice on any of its
station agents between April 1 and October 1 of any year,
requiring the construction of a fence on the line between his
the person's land and its the company's right-of-way. If such
the company shall does not construct the same fence within 40
days after service of such the notice, the landowner may recover
of from the company an amount not exceeding twice the cost
of such construction, with costs and reasonable attorney's fee,
to be allowed by the court, or he the landowner may construct
such the fence after the expiration of such that time and
receive from the company double the cost of construction, with
like costs and attorney's fee.
Subd. 3. [DUTY TO MAINTAIN.] Such The fence shall must
be kept in repair by such the railroad company in like manner
and under like penalties as if built by such the company.
Subd. 4. [FAILURE TO SERVE NOTICE.] Failure to serve such
notice shall does not relieve such the railroad company from
liability for damages for injuries to persons or domestic
animals or other property, resulting from failure to fence its
road.
219.34 [FENCES BETWEEN RAILROAD AND PUBLIC ROAD.]
If any a railroad company shall fail fails to fence its
line where the same it adjoins a public road or street, or lies
so near thereto as to render travel thereon on it dangerous, the
governing body of the town or municipality having charge of such
the road or street, by notice as in the case of an abutting
landowner, may require such the fence to be built; and,. In
case of failure to build such the fence within the time provided
in section 219.33, such the town or municipality shall have has
the rights and remedies given by section 219.33 to such an
abutting owner.
219.35 [CROSSINGS AND DRAINS.]
Persons owning lands abutting upon a railroad may construct
, at their own expense, crossings under, over, or across such
the railroad and drains under and across the same railroad at
such places and in such manner as ways that do not to obstruct
or impair the use of such the railroad, which. These crossings
and drains shall must be maintained and kept in repair by the
railroad company. Before constructing the same them, the owner
of the land shall serve on the nearest station agent of the
company a notice, stating in detail the work which he the
landowner desires to perform, and the company may construct such
that work; but the same shall crossings and drains may not be
opened for the use of the landowner until she or he pays the
reasonable cost of construction.
219.36 [GATES AT FARM CROSSINGS.]
Any A railroad company, which shall erect erects at a farm
crossing a gate for the exclusive use of the owner and occupants
of such that farm, provide provides a lock for the same
gate, and deliver delivers the key thereof for the lock to
such the owner or occupant, shall is not be liable to such
the owner or occupant for any an animal killed or injured by
reason of such because the gate being was left open without
fault of such the company, unless such the killing or injury
results resulted from the wanton or malicious act of such the
company or its employees.
219.37 [DITCHES AND CULVERTS.]
It shall be the duty of every A railroad company, or
receiver or lessee thereof of a railroad company, operating a
line of railroad in the state to, shall keep clean at all times
between the first day of April and the first day of November of
each year all ditches and culverts constructed by them for the
drainage of their roadbed or right-of-way. This section shall
does not apply to ditches and culverts not located upon the
right-of-way of any a railroad.
219.383 [SAFE OPERATION OF TRAINS OVER STREETS AND HIGHWAYS
ROADS; PENALTY.]
Subdivision 1. [RATE OF SPEED FOR TRAINS FIXED BY BOARD.]
The board, on petition of any a city council or any a railway
corporation, may fix and determine after a hearing a reasonable
rate of speed for the operation of an engine or train on and
over any a railroad crossing of a public highway or street in
such that city.
Subd. 2. [MAXIMUM RATE OF SPEED.] Where the board has
fixed the rate of speed of an engine or train over a public
highway or street crossing in a city as provided in this
section, such rate of the fixed speed so fixed shall be is the
lawful maximum rate of speed at which an engine or train can may
be operated on and over such that public highway or street
crossing, until changed by subsequent order of the board.
Subd. 3. [NOT TO BLOCK PUBLIC ROADS OR STREETS.] No
railway corporation shall permit any a public road or street
crossing a railroad track to be closed for traffic by a standing
car, train, engine, or other railroad equipment, or by a
switching movement which continuously blocks a crossing for a
longer period than ten minutes, provided,. This section shall
subdivision does not apply to cities of the first class which
regulate obstruction of streets by ordinance.
Subd. 4. [PENALTY.] Any A railway corporation violating
any provision of this section shall be is guilty of a
misdemeanor and upon conviction therefor shall be is liable for
a fine of not less than $25 nor more than $100.
219.39 [DANGEROUS CROSSINGS; COMPLAINTS; HEARINGS.]
Upon written complaint authorized by the governing body of
any a city or county, or by the board of supervisors of any a
town, or by authorized officers of a subject railroad, alleging
that any a railroad crossing with any a street, road, or
highway in the city, town, or county is dangerous to life and
property, and giving the reasons therefor for the allegations,
the commissioner shall investigate the matters contained in the
complaint, and, where when necessary, initiate a hearing before
the board.
219.40 [DETERMINATION; ORDER; FLAGMEN FLAGGER OR SAFETY
DEVICE.]
Subdivision 1. [BOARD DETERMINATION.] (a) If a complaint
is made under section 219.39, the board shall determine, after
investigation by the commissioner or after hearing, whether the
crossing is hazardous and may require the railroad company
to (1) provide flagmen flaggers at the crossing, or to (2)
adopt safety devices as the board may deem deems necessary for
the proper protection of to protect the crossing properly, or
may require the removal of (3) remove any structure, embankment,
or other obstruction to the view, or may require (4) close the
crossing complained of or other crossing in the vicinity thereof
closed, or it may require the railroad company to, or (5)
construct an overhead or maintain an underground crossing and
divide the cost thereof between the railroad company, the town,
county, municipal corporation, or state transportation
department interested, on terms and conditions as may seem just
and equitable.
(b) The board may require the complaining city, town, or
county to remove any an embankment, structure, or other
obstruction to the view as may be reasonable and necessary to
properly protect the crossing.
Subd. 2. [HEARING.] If the complainant road authority, or
the railroad files exceptions to an order of the board made
under this section without a hearing, the board shall convene a
hearing on the original complaint.
Subd. 3. [ORDER; COSTS ALLOCATED.] If the board or its
designee after notice and hearing orders (1) the installation of
a safety device, or (2) the construction, reconstruction,
modernization, or replacement of major parts, as defined by rule
of the board, of said the safety device devices, gates, or other
type types of special protection, or (3) the removal of a
structure, embankment, or other obstruction to the view,
or orders (4) the construction, reconstruction, or maintenance
of an underground or overhead crossing on any a public road,
street, or highway, it may in the same order direct that the
costs thereof be divided between the railroad company and the
public authority involved on the basis as the parties may agree,
or, if they fail to agree, then the costs thereof shall be as
determined by the board on the basis of benefit to the users of
each; or. However, the board may defer determination of the
division of costs to a subsequent order to be made on the basis
of evidence previously taken. Where
Subd. 4. [FUNDS TO PAY COSTS.] (a) If a state trunk
highway is involved, the state's share of the costs shall must
be paid from any funds available to the department of
transportation.
(b) In all other cases the public's share of the
costs shall must be paid from available funds or from the trunk
highway fund, if ordered by the board, or from any combination
of the above these funds or other available funds; provided that
any a highway, street, or road fund shall must only be
expended for the costs on a highway, street, or road within the
political subdivision charged with the its maintenance and
care thereof and only upon the highways, streets, or roads for
which the fund was allocated, or for which the fund was
created. Any crossing safety devices or improvements installed
or maintained under provisions of this chapter as approved by
the board, whether by order or otherwise, shall be deemed
adequate and appropriate protection for the crossing.
[219.402] [ADEQUATE CROSSING PROTECTION.]
Crossing safety devices or improvements installed or
maintained under this chapter as approved by the board, whether
by order or otherwise, are adequate and appropriate protection
for the crossing.
219.403 [NOT TO AFFECT EXISTING LAWS RELATING AS TO
MUNICIPALITIES.]
Nothing in section 161.20, 219.40, 219.403, or 219.071
shall be construed to change any changes existing law relating
to the rights and liabilities of any a city, town, or county in
connection with the construction or maintenance of any a
railroad crossing, grade separation, or signal system, or to
impair impairs the terms or conditions of any an existing
arrangement or agreement, or renewals thereof of it, between any
a railroad company and any a municipality with reference to
for the maintenance of any a railroad crossing, grade
separation, or signal system.
219.41 [APPEAL; ORDER, HOW ENFORCED.]
Any A railroad company, or the city, town, or county making
the complaint, may appeal from an order of the board to the
district court of the county in which the crossing is located;
and, In case of such appeal,. The same appeal proceedings shall
be had must be held as is now provided by law for an appeal from
orders of the board. All Orders of the board shall must be
enforced by the attorney general.
219.42 [FAILURE TO COMPLY; PENALTY.]
Any A railroad company or any city, town, or county failing
to comply with any an order of the board that is not appealed
from; or, if appealed from, affirmed in whole or in part, shall
be is liable to a penalty of $50 for each and every day of such
noncompliance, to be collected in civil action brought by the
attorney general.
219.44 [CHARTER POWERS NOT ABRIDGED.]
Nothing contained in sections 219.39 to 219.44 shall be
construed as repealing, abridging, modifying, or in any manner
affecting repeals, abridges, modifies, or affects the power
contained in the charter of any a city in this state to require
railroads to maintain gates, flagmen flaggers, or safety devices
at public highway crossings therein in that city, or any
ordinance now existing or hereafter enacted pursuant to such
that power.
219.45 [CLEARANCE BETWEEN STRUCTURE AND CARS.]
The provisions of Sections 219.45 to 219.53 shall apply to
any a person, corporation, or anyone owning, operating, or
maintaining any a structure or obstruction adjacent to any
railway tracks and to any a corporation or, receiver thereof
of the corporation, or to any persons person while engaged as
a common carriers carrier in the transportation by railroad of
passengers or property within this state to which the regulative
powers of this state extend, except railways a railway operated
by the electric trolley system.
219.46 [UNLAWFUL STRUCTURES; CLEARANCES.]
Subdivision 1. [STRUCTURES.] (a) On and after the passage
of Laws 1913, Chapter 307 April 16, 1913, it shall be is
unlawful for any a common carrier, or any other person, to erect
or reconstruct and thereafter maintain on any a standard gauge
road on its line or on any a standard gauge sidetrack used in
connection therewith, for use in any traffic mentioned in
section 219.45, any:
(1) to erect or reconstruct and maintain an adjoining
warehouse, coal chute, stock pen, pole, mail crane, standpipe,
hog drencher, or any permanent or fixed structure or
obstruction, or within eight feet of the centerline of the track
or sidetrack;
(2) in excavating, to allow any an adjoining embankment of
earth or natural rock to remain upon its line of railroad, or on
any sidetrack used in connection therewith at a distance less
than within eight feet measured from of the center line of the
track, which structure or obstruction adjoins on standard gauge
roads; nor shall any or sidetrack; or
(3) to erect or reconstruct overhead wires, bridges,
viaduct viaducts or other obstruction obstructions passing over
or above its tracks as aforesaid be erected or reconstructed at
a less height less than 21 feet, measured from the top of the
track rail.
(b) If after May 1, 1943, overhead structures or platforms
or any structures designed only to be used in the loading or
unloading of cars are rebuilt or remodeled, then such these
overhead structures shall must be built with an overhead
clearance of not less than 22 feet from the top of the rail and
such. These structures or platforms shall must be built with a
side clearance of not less than eight 8-1/2 feet six inches from
the center line of the track unless by order the commissioner
may provide otherwise.
Laws 1913, Chapter 307, shall (c) Sections 219.45 to 219.53
do not be construed to apply to yards and terminals of depot
companies or railway companies used only for passenger service.
In the event of If personal injury is sustained by any an
employee of any such a depot company in this paragraph mentioned
or railway company used only for passenger service, by reason of
noncompliance with the provisions of Laws 1913, Chapter 307
sections 219.45 to 219.53, such that employee, or in case of his
the employee's death, his or her personal representative, shall
have all has the rights, privileges, and immunities enumerated
in Laws 1913, Chapter 307, section 9 219.53.
(d) On and after May 1, 1943, it shall be is unlawful for
any a common carrier, or any other person, to erect or construct
on any a standard gauge road on its line or on any a standard
gauge sidetrack or spur used in connection therewith, for use in
any traffic mentioned in section 219.45, any:
(1) to erect or construct and maintain an adjoining
warehouse, coal chute, stock pen, pole, mail crane, standpipe,
hog drencher, or any permanent or fixed structure or obstruction
, or within 8-1/2 feet of the centerline of the track;
(2) in hereafter excavating, to allow any an adjoining
embankment of earth or natural rock to remain upon its line of
railroad, or on any sidetrack used in connection therewith at a
distance less than eight within 8-1/2 feet six inches measured
from of the center line of the track, which said structure or
obstruction adjoins on standard gauge roads, nor shall any or
sidetrack; or
(3) to erect or construct overhead wires, bridges, viaduct
viaducts, or other obstruction obstructions passing over or
above its tracks as aforesaid be erected or constructed at a
less height less than 22 feet, measured from the top of the
track rail.
Subd. 2. [CLEARANCES ON PARALLEL TRACKS.] (a) On and after
May 1, 1943, it shall be is unlawful for any such a common
carrier to construct any track used for the purpose of moving
any cars engaged in the movement of traffic where if the center
line of such the track is at a distance of less than within 14
feet from the center line of any other parallel track which it
adjoins, provided that.
(b) In addition, no ladder tracks shall may be in closer
proximity to any an adjacent ladder track than 19 feet measured
from the center line of each track, nor in closer proximity to
any other parallel track than 17 feet measured from the center
line of each track.
(c) The distance between tracks may be diminished or closed
up a necessary distance for track intersections, gauntlet
tracks, turnouts, or switch points.
Subd. 3. [MAY MAINTAIN EXISTING STRUCTURE.] It shall not
be unlawful for any A common carrier or any other person to may
maintain any an overhead structure or structure alongside of a
track referred to in sections 219.45 and 219.46 provided that
said if the structure was not erected in violation of law.
Subd. 4. [MAY MAINTAIN EXISTING TRACKS.] It shall not be
unlawful for any (a) A common carrier or any other person
to may:
(1) maintain or reconstruct any presently existing
tracks now in existence which were constructed after April 16,
1913, in accordance with the then existing clearance law or to;
(2) maintain or reconstruct tracks which, if constructed
prior to said date before April 16, 1913, were constructed with
clearances as provided in Laws 1913, chapter 307,; or to
(3) maintain or reconstruct tracks built in accordance with
the provisions of Laws 1913, chapter 448.
(b) As to tracks that were constructed with a less
clearance less than 13 feet between center lines prior to before
April 16, 1913, it is hereby declared that the maintenance of a
clearance of less than 13 feet between center lines in railroad
switching yards may create a hazard and. The commissioner is
hereby authorized may require adequate and safe clearances as
rapidly as possible in the yards on petition by an affected
party and, after hearing, and where a greater clearance can be
reasonably provided, to require adequate and safe clearances as
rapidly as possible in such yards.
Subd. 5. [MAY EXTEND EXISTING YARD TRACKS.] It shall is
not be unlawful to extend existing yard tracks or other tracks
at the clearance which now exists between said tracks provided
that said them if the tracks were constructed either before or
after April 16, 1913, with clearances as provided in Laws 1913,
chapter 307.
Subd. 6. [MAY MAINTAIN ADDITIONAL TRACKS.] It shall is not
be unlawful to construct or maintain additional tracks at less
than the required clearance on or under existing bridges which
were constructed after April 16, 1913, with clearances as
provided in Laws 1913, chapter 307.
Subd. 7. [ORDER FOR LESS CLEARANCE.] The board after a
hearing may authorize, in the construction and reconstruction of
bridges and tunnels, by general order (1) a less clearance less
than eight 8-1/2 feet six inches from the center line of the
track at a height of not to exceed six feet above the top of the
rail, and (2) a clearance of less than eight 8-1/2 feet six
inches from the center line of the track at a point which shall
not be less than 14 14-1/2 feet 6 inches above the top of the
rail.
219.47 [CLEARANCE EXCEPTIONS.]
Subdivision 1. [PERMANENT.] The board may, upon
application made, after a thorough investigation and hearing in
any particular case, may permit any a common carrier or any,
person, or corporation to which Laws 1913, Chapter 307, as
amended, applies sections 219.45 to 219.53 apply, to erect any
an overhead or side obstruction at a less distance from closer
to the track than herein provided for in section 219.46, and to
construct any track or tracks at a less clearance than herein
provided for in section 219.46, and to reconstruct and
maintain the same them when in the judgment of the
commissioner a compliance with the clearance prescribed herein
would be in section 219.46 is unreasonable or unnecessary or the
erection or construction of such the overhead or side
obstruction or tracks or the reconstruction and maintenance
of the same them at a less clearance than herein provided
would in section 219.46 will not create a condition unduly
hazardous to the employees of the that common carrier or any,
person, or corporation.
Subd. 2. [TEMPORARY.] The commissioner may, upon
application made, may grant temporary clearance variances, with
appropriate safeguards and without hearing, for statutory
encroachments which result resulting from emergency or temporary
construction situations.
219.50 [OBSTRUCTING SPACE BETWEEN TRACKS.]
It shall be is unlawful for any such a common carrier or
any, person, or corporation subject to which sections 219.44
to 219.52 apply to permit the space between or beside such of
its tracks as are that is ordinarily used by yardmen and other
employees in the discharge of their duties, and is within eight
8-1/2 feet six inches of the center line of any such the track,
to become or remain obstructed by any a foreign obstacle that
will interfere with the work of the employees or subject the
employees to unnecessary hazard. The This space between or
beside the tracks, as aforesaid, and between the rails of the
tracks must be kept in a condition as to permit the employees to
pass over or between the tracks or to use the same space day or
night and under all weather conditions without unnecessary
hazard.
219.51 [PENALTIES.]
Subdivision 1. [VIOLATION.] Any A common carrier,
corporation, or person subject to the provisions of sections
219.45 to 219.53 violating any of the provisions thereof of
those sections, shall be is liable to a penalty of not more than
$500 for each violation; and.
Subd. 2. [FAILURE TO CORRECT.] If any a common carrier,
person, or corporation shall thereafter fail (1) fails to
correct any a violation of sections 219.45 to 219.53 when
ordered to correct the same by the commissioner or board and has
failed to do so within the time provided in the order of the
board or commissioner, and no (2) does not appeal has been taken
from the order, then the failure of such common carrier, person,
or corporation to correct the condition causing a violation of
sections 219.45 to 219.53 as in the order of ordered by the
commissioner or board provided shall constitute constitutes a
new and separate offense distinct and separate from the original
violation of sections 219.45 to 219.53, such.
Subd. 3. [DUTIES OF ATTORNEY GENERAL.] The penalty to
must be recovered in a suit to be brought in the name of the
state of Minnesota by the attorney general or under his
direction in any a court having jurisdiction thereof in the
locality where such the violation shall have been was committed
, and it shall be the duty of the attorney general. Under the
direction of the commissioner or board to, the attorney general
shall bring such suit upon receipt of duly verified information
being lodged with him by from any person of such a violation
being committed, and it shall also be the duty of. The
commissioner or board to shall lodge with the attorney general
information of any such violation as may come to their knowledge.
219.52 [WARNING SIGNS; STRUCTURES IN CLEARANCES.]
Where any If a structure is at a less distance from nearer
the track than as provided by sections 219.45 to 219.53, the
board shall provide for warning signs to be placed thereon on it
of a design and type as the board shall deem considers proper
unless the board shall determine determines a sign is
unnecessary. It shall be the duty of the Railroad inspectors of
the department of labor and industry to shall report to the
commissioner and to the attorney general any violation of the
provisions of sections 219.45 to 219.53 of which they may obtain
knowledge.
219.53 [CONTRIBUTORY NEGLIGENCE.]
Any An employee of a common carrier who, while in the
performance of his duty performing duties and while engaged in
any commerce mentioned in section 219.45, subject to the
regulative provisions of sections 219.45 to 219.53, may be is
injured or killed by reason of (1) a violation of section
219.50, or by reason of any (2) a structure or obstruction
erected or maintained prior to before the passage of or in
violation of sections 219.45 to 219.53, or in violation of these
provisions, or (3) a structure or obstruction erected or
maintained in closer proximity to the rails than provided in
sections 219.45 to 219.53 shall not be deemed to have assumed
the resultant risk thereby occasioned or to have been guilty of
contributory negligence although the employees employee
continued in the employ of such the common carrier after
becoming aware of the use of such the permanent overhead or side
structure or obstruction of any kind or character mentioned in
sections 219.45 to 219.53 shall have been brought to his
knowledge; and.
An exercise of the permission provided for in section
219.47 shall be is at the sole risk of the carrier.
219.54 [FREIGHT PLATFORMS.]
Every railroad company shall provide at all stations in
statutory cities containing 250 inhabitants or more Within 30
days after written notice, served in the same manner as a
summons in district court, from the city council governing body
of such a statutory city requiring such company so to do,
containing 250 inhabitants or more, a railroad company shall
provide platforms at stations as required by the city and at
other stations and sidings when required by the board,. These
platforms must:
(1) be immediately alongside of its the railroad company's
tracks or sidetracks, platforms with;
(2) have approaches at each end,;
(3) be suitable and convenient for loading upon and
unloading from its cars heavy machinery and other freight. The
platforms shall upon and from the railroad company's cars;
(4) be at least 12 feet wide, strongly built, and floored
with plank planking at least three inches thick. The platforms,
exclusive of approaches, shall;
(5) be at least 32 feet long and of, exclusive of
approaches;
(6) be the height of the floor of an ordinary boxcar,; and
the
(7) have approaches of such grade that heavily loaded
vehicles and equipment can be driven up and down the same on
them.
Any company failing to comply with the provisions of this
section shall forfeit to the state not less than $500 nor more
than $1,000 for every 30 days that the failure shall continue
continues.
219.55 [LOADING PLATFORMS.]
When required by the board, every a railroad company shall
construct and maintain at each station and siding a suitable
platform for the purpose of loading grain, livestock, and other
commodities into its cars for shipment. The board may require
the enlargement of any the platform so constructed or the
construction of additional platforms at any such a station or
siding, when it deems it necessary for that purpose. Every such
A company which shall fail that fails to construct any such
the platform within 60 days after the service on it of the
board's order of the board requiring such construction, shall
forfeit to the state $25 for each day thereafter that such the
platform remains unconstructed.
219.551 [LOCOMOTIVES; WATER AND TOILET FACILITIES.]
Subdivision 1. [SCOPE OF DEFINITIONS.] As used in this
section, the following words and phrases, unless a different
meaning is plainly required, shall have the meanings given them.
Subd. 2. [INITIAL TERMINAL DEFINED.] "Initial terminal"
means the terminal within the state of Minnesota from which an
operating unit is dispatched and at which regular maintenance
forces are available to repair defective water coolers and
toilet facilities.
Subd. 3. [OPERATING UNIT DEFINED.] "Operating unit" means
a locomotive or one of the locomotives in a consist, but does
not include a switch engine.
Subd. 4. [CONSIST DEFINED.] "Consist" means two or more
locomotives coupled together and used to propel other railroad
rolling stock.
Subd. 5. [WATER.] Each operating unit or a switch engine
used as a single unit when put into service from an initial
terminal shall must be provided with paper cups and at least one
gallon of potable water in an amount of not less than one gallon
to be supplied by a water cooler, the same shall which must be
in a sanitary, clean, and operating condition.
Subd. 6. [TOILET.] Each operating unit purchased new, and
not reconditioned, and put into service from an initial terminal
shall must be equipped with a dry hopper, gas or electric
incinerator, or other suitable toilet facility, if such the
operating unit is used for a road operation of 50 miles or more
away from the initial terminal. After July 1, 1972, each
consist used in road operations of 50 miles or more away from
the initial terminal shall must have at least one operating unit
equipped with a dry hopper, gas or electric incinerator, or
other suitable toilet facility; provided, however, in the case
of transfer or switching service or emergency or emergency need
for additional diesel power equipment, this requirement shall
does not apply. When put into service from an initial terminal,
all diesel toilet facilities shall must be in a sanitary, clean
, and operating condition. Unless otherwise actually required
by operating conditions or emergency, the operating unit having
the toilet facilities shall must be positioned at the head end
of a consist.
Subd. 6a. [FAILURE OF TOILET OR WATER FACILITIES.] The
diesel toilet facilities and water cooler facilities required by
this section shall must be kept in a sanitary, clean, and
operating condition. In the event of When a failure of the
required equipment and standards of maintenance occurs after a
locomotive has commenced to move in service, the railroad
operating that locomotive shall is not be deemed in violation of
this section if said the failure of equipment or standards of
maintenance is corrected at the next initial terminal.
Subd. 7. [PENALTY.] Any A person, company, corporation, or
its receiver thereof, operating any a railroad in the state
violating any of the provisions violation of this section shall
be is guilty of a misdemeanor; and, upon conviction thereof,
shall be is liable for a penalty of not less than $25 nor more
than $100 for each offense; and,. The use of any one an
operating unit not equipped as provided in this section shall
constitute constitutes a separate offense for every day or part
of a day so used. Such The penalty shall must be recovered in a
suit brought in the name of the state of Minnesota in any court
having jurisdiction thereof in the county in which said the
initial terminal is situated, by the attorney general or under
his direction or by the county attorney of said that county.
219.56 [CABOOSE CARS.]
It shall be is unlawful for any a person, corporation, or
company operating any a railroad in the state to require or
permit the use of any caboose cars unless the caboose cars be
(1) are at least 24 feet in length, exclusive of platforms, and
be provided with; (2) have a door at each end thereof, and with;
(3) have a dry hopper, gas or electric incinerator, or other
suitable toilet facilities,; (4) have cupolas, or bay windows,
platforms, guard rails, grab irons, and steps for the safety of
persons in alighting or getting on or off the caboose cars; and
the caboose cars shall be (5) are equipped with at least two
four-wheeled trucks. Shatterproof glass shall must be used in
the door or doors of the caboose when the present glass in the
door or doors is replaced. Each caboose, when placed in
service, shall must be provided with paper cups and at least one
gallon of potable water in an amount of not less than one gallon
to be supplied by a water cooler, the same to be which is kept
in a sanitary, clean, and operating condition. In the event a
When failure of the required equipment or standards of
maintenance occurs after a caboose has commenced to move in
service, the railroad operating that caboose shall is not be
deemed in violation of this section if said the failure of
equipment or standards of maintenance is corrected at the next
initial terminal as defined in section 219.551, subdivision
2. All Caboose cars built or purchased after January 1,
1968, shall must have the underframing and
superstructure thereof, constructed of steel or a material of
equivalent strength and, after January 1, 1972, shall must also
be equipped with a cushioned underframe or cushioned draft gears
and shatterproof glass in all doors and windows, and. When said
caboose cars are operated at the rear of a train, shall they
must be equipped with a marker or markers which may consist of
flags, lamps, flashing lights, or reflectorized devices.
219.561 [TRACK MOTOR CARS; EQUIPMENT.]
Subdivision 1. [LIGHTS.] From and after January 1, 1950,
every a person, firm, or corporation operating or controlling
any a railroad running through or within the state shall equip
each of its track motor cars used during the period from 30
minutes before sunset to 30 minutes after sunrise with:
(1) an electric headlight of such construction and of
sufficient candlepower to render plainly visible at a distance
of not less than 300 feet in advance of such the track motor car
any a track obstruction, landmark, warning sign, or grade
crossing; and
(2) a rear electric red light of such construction and of
sufficient candlepower as to be plainly visible at a distance of
300 feet.
Subd. 2. [WINDSHIELDS AND TOPS.] Upon request of the
section foreman in any section operated by a railroad referred
to in subdivision 1 hereof, any a track motor car shall must
be equipped within 90 days thereafter with a windshield and top
sufficient in width and height wide and high enough to
reasonably protect the employees from weather conditions,
provided,. However, that no a railroad company shall be is
not required in any one year to equip more than an additional 25
such motor cars with the that equipment referred to in this
subdivision.
Subd. 3. [PENALTY.] Any A person, firm, or corporation
operating or controlling any a railroad running through or
within this state and using or permitting to be used on its line
in this state a track motor car in violation of the provisions
of this section is guilty of a misdemeanor.
219.562 [MOTOR VEHICLES DESIGNED FOR HIGHWAY USE;
EQUIPMENT.]
Subdivision 1. [REQUIREMENTS.] Any A motor vehicle
designed for highway use and used by any a railroad company
operating in this state for transporting employees, tools, and
supplies shall must be equipped so as to provide:
(a) (1) adequate heating in all kinds of inclement weather;
(b) (2) adequate, safe seating facilities so that each
employee so transported may be seated;
(c) (3) a communication system between the cab and the rear
compartment;
(d) (4) suitable and adequate containers or boxes to hold
tools, equipment, and supplies, so located and attached to the
vehicle that the containers or boxes and the tools, equipment,
or supplies will not shift, topple, or roll; and
(e) (5) toilet facilities if the motor vehicle is used to
transport more than nine employees to and from headquarters;.
(f) In the event of Subd. 1a. [EXCEPTION FOR
EMERGENCY.] For an emergency arising from common disaster or
adverse weather, such as flooding, washout, excessive snow or
icing, or derailment or defect in track requiring prompt repair,
motor vehicles which do not meet the above standards in
subdivision 1 may be used only for the duration of during the
emergency.
Subd. 3. [DISPUTE.] Should any a dispute arise as to the
adequacy of the facilities provided for in subdivision 1, it may
be submitted for final determination to the board after notice
of the hearing to affected parties.
Subd. 4. [PENALTY.] Any A railroad company, or its officer
or agent thereof, violating the provisions of this section is
guilty of a misdemeanor.
219.565 [ENGINEERS WHO CANNOT READ.]
Every person who, as An officer of a corporation or
otherwise, shall is guilty of a gross misdemeanor if that
officer knowingly employ employs, as an engineer or engine
driver to run locomotives or trains on any a railway, a person
who cannot read the timetables and ordinary handwriting, and
every.
Also, a person who, being is guilty of a gross misdemeanor
if that person is unable to read the timetables of the road and
ordinary handwriting, shall act and acts as an engineer or run
runs a locomotive or train on any a railway, shall be guilty of
a gross misdemeanor.
219.566 [INTOXICATION OF EMPLOYEES ON TRAINS OR BOATS.]
Every person who, being (1) employed upon any a railway as
engineer, conductor, baggage master, brakeman brake tender,
switch tender, fireman fire tender, bridge tender, flagman
flagger, or signal man signaler; or person (2) having charge
of stations, starting, regulating, or running trains upon a
railway; or person (3) employed as captain, engineer, or other
officer of a vessel propelled by steam, shall be who is
intoxicated while engaged in the discharge of any such
discharging those duties, shall be is guilty of a gross
misdemeanor.
219.567 [FAILURE TO RING BELL.]
Every An engineer driving a locomotive on any a railway,
who shall fail fails (1) to ring the bell or sound the whistle
upon such on the locomotive, or cause the same to be or have it
rung or sounded, at least eighty 80 rods from any a place where
such the railway crosses a traveled road or street, on the same
level, except in cities, or (2) to continue the ringing of such
the bell or sounding of such the whistle at intervals until such
the locomotive and the attached train thereto attached shall
have completely crossed such the road or street, shall be is
guilty of a misdemeanor.
219.568 [OTHER VIOLATIONS OF DUTY.]
Every An engineer, conductor, brakeman brake tender, switch
tender, train dispatcher, or any other officer, agent, or
servant of any a railway company, who shall be is guilty of
any a willful violation or omission of his duty as such an
officer, agent, or servant, by which human life or safety shall
be is endangered, and for which no punishment is specially
prescribed, shall be is guilty of a misdemeanor.
219.57 [PREVENTION OF FIRE.]
Subdivision 1. [SPARK ARRESTER.] Every A company operating
a railroad shall use upon each locomotive engine a good and
efficient spark arrester, which the master mechanic shall cause
to be have examined each time before leaving the roundhouse,
and. The master mechanic and the employee making such the
examination shall be held are responsible for the good condition
of the same, but without relieving spark arrester. However, the
company is not relieved from its responsibility hereunder under
this section.
Subd. 2. [CLEAR RIGHT-OF-WAY.] Every such A company shall
keep its right-of-way clear of combustible materials, except
ties and other materials necessary for the maintenance and
operation of the road, from April 15 to December 1, annually.
Subd. 3. [FIRES TENDED, REPORTED.] No company shall permit
any of its employees to leave a deposit of fire, live coals, or
ashes in the immediate vicinity of woodland or lands land liable
to be overrun by fire, and every. An engineer, conductor, or
trainman train crew member discovering fire adjacent to the
track shall report the same it promptly at the first telegraph
or telephone station reached by him.
Subd. 4. [EXTINGUISHMENT AND PREVENTION INSTRUCTION.] In
dry seasons every such a railroad company shall give instruct
its employees particular instructions for in the prevention and
extinguishment of fires, and cause have warning placards
furnished by the director of the division of lands and forestry
of the department of natural resources to be conspicuously
posted at every station in the vicinity of forest and grass
lands, and,. When a fire occurs near the line of its road, the
railroad company shall concentrate such help and adopt such
measures as shall be available for its extinguishment.
Subd. 5. [PATROLLER.] In dry seasons every such the
railroad company shall employ at least one patrolman patroller
for each mile of its road through lands liable to be overrun by
fire to discover and extinguish fires occurring near the line of
the road, by which is meant a distance within which fire could
usually be set by sparks from a passing locomotive.
Subd. 6. [PENALTY.] Any A railroad company violating any
provisions of this section shall be deemed is guilty of a
misdemeanor; and on conviction thereof fined punishable by a
fine of not less than $50 and not exceeding nor more than $100
and costs of prosecution for each offense, and any.
A railroad employee violating the same shall be this
section is guilty of a misdemeanor and punished punishable by a
fine of not less than $50 nor more than $100 and costs of
prosecution or by imprisonment in the county jail not exceeding
90 days.
219.64 [ASSUMPTION OF RISK; CONTRIBUTORY NEGLIGENCE.]
Any An employee of any a common carrier who may be is
killed or injured due to improperly adjusted and filled frogs,
switches, and guardrails or by any a locomotive, tender, car,
similar vehicle, or train in use contrary to federal or state
railroad safety laws and standards shall not be deemed
thereby held to have assumed the risk thereby occasioned,
although of death or injury by continuing in the employment of
the carrier after obtaining knowledge of the unlawful use of the
locomotive, tender, car, similar vehicle, or train has been
brought to his knowledge,; nor shall may the employee be held to
have contributed to his the injury in any case where when the
carrier shall have has violated federal or state railroad safety
laws and standards when and the violation contributed to the
death or injury of the employee.
219.661 [SPEEDOMETERS ON LOCOMOTIVES; LEGISLATIVE
FINDINGS.]
The legislature of the state of Minnesota finds that the
safe operation of steam, diesel, electric or otherwise propelled
locomotives within the state, requires that all steam, diesel,
electric or otherwise propelled locomotives operated by common
carriers by rail within the state requires that they be equipped
with fully operable speedometers within view of the engineer or
operator of such the locomotive.
219.662 [SPEEDOMETERS AS REQUIRED EQUIPMENT; REPORTS.]
Subdivision 1. [REQUIREMENT.] No railroad locomotive shall
may be operated without a speedometer or speed recorder
functioning correctly within three miles per hour and within the
view of the engineer or operator of such the locomotive.
Subd. 2. [COMPLIANCE.] A railroad shall be deemed to be in
compliance complies with the provisions of subdivision 1 if, (1)
by the first day of October 1975, it has at least one-third of
its locomotives equipped with speed indicators or speed
recorders as required in subdivision 1, and if, (2) by the first
day of October 1976, an additional one-third of said the
locomotives shall be are so equipped, and if, (3) by the first
day of October 1977, the remainder of its remaining locomotives
shall be are so equipped.
Subd. 3. [YARD SWITCHING SERVICE.] Locomotives operated or
used exclusively within designated yard limits in switching
service need not be equipped in accordance with the provisions
of this section.
Subd. 4. [FAILURE OF REQUIRED EQUIPMENT.] In the event of
the failure of If the required equipment which occurs fails
after a locomotive has commenced to move in service, the
railroad operating that locomotive shall is not be deemed in
violation of sections 219.661 and 219.662 if said the defect is
corrected at the next initial terminal, as defined in section
219.551, subdivision 2, at which initial terminal where regular
maintenance forces are available to repair or replace such the
equipment.
Subd. 5. [NOTICE OF COMPLIANCE.] Each such A railroad
shall notify the commissioner of the date that each such
locomotive comes into compliance with the provisions of this
section. The notification shall state the serial number or
other identification of the locomotive.
Subd. 6. [COMPLIANCE LIST OR SCHEDULE.] Each A railroad
affected by the provisions of this section shall maintain at a
designated location a list or schedule of the locomotives
hereinabove referred to in subdivision 5. It shall set forth,
along with other information, the date that the speed indicator
or speed recorder referred to herein was calibrated and found to
be functioning in accordance with the provisions of this
section. It shall advise the commissioner as to such the
designated location.
Subd. 7. [ENFORCEMENT.] The commissioner shall enforce the
provisions of this section and may issue such order or orders as
may be proper to require compliance therewith with it.
219.681 [REMOVAL OF RAILROAD TRACKS.]
No A company operating a line of railroad in this state
shall not abandon, close for traffic, or remove any a spur,
industrial, team, switching, or side track which has been used
directly by the shipping public or any member thereof for the
loading or unloading of freight without first having obtained
obtaining the approval of the board.
219.69 [RAILROAD SHOPS OR TERMINALS MAY NOT BE ABANDONED.]
No A company operating any a line of railway in the state
shall not abandon any a shop or terminal located within this
state or move any a shop or change the location of any a
terminal except as provided in sections 219.70 and 219.71. Any
A company violating any provision of sections 219.69 to 219.71
shall forfeit to the state not less than $200 nor more than
$1,000 for each day such the violation continues.
219.691 [VIOLATION; FORFEITURE.]
Any A company violating any of the provisions of sections
219.681, 219.692, 219.741, 219.742, 219.743, 219.751, and
219.755 shall forfeit as a penalty to the state the sum of
$1,000 which may be recovered in a civil action.
219.692 [TREBLE DAMAGES.]
Any A person who has been injured in any manner by a
company's violation of sections 219.681, 219.691, 219.741,
219.742, 219.743, 219.751, and 219.755 by any company shall have
has a cause of action against such that company for treble the
amount of all damages to him the person or his the person's
property resulting from such the violation.
219.695 [TERMINAL, SHOP.]
The word Subdivision 1. [TERMINAL DEFINED.] "Terminal," as
used in sections 219.69 to 219.71, is defined to be any means a
city in which 12 or more men persons employed in railroad train
and engine service have established a legal residence.
The word Subd. 2. [SHOP DEFINED.] "Shop," as used in
sections 219.69 to 219.71, is defined as means a place (1) in
which 12 or more men persons are employed by a railroad as
mechanics in the repairing of to repair railroad equipment, and
is (2) located in a city in which such men the mechanics have
established a legal residence.
219.70 [APPLICATION TO ABANDON; POWER OF BOARD.]
Any A company desiring to abandon any a shop or terminal or
move any shop or to change the location of any a shop or
terminal in this state shall first make application apply to the
board in writing. Before passing upon the application the board
shall order a hearing.
219.71 [HEARING; ORDER.]
In the hearing on the abandonment or removal of a shop or
terminal, if the board determines that the abandonment of any
shop or terminal or the change of any shop or terminal removal
will result in efficiency in railroad operation and will not
substantially injure the public or be detrimental to the public
welfare, such the petition may be granted,; otherwise the same
shall it must be denied.
219.741 [APPLICATION FOR REMOVAL.]
Any A railroad company desiring to abandon, close for
traffic, or remove any of its tracks described in section
219.681 shall first make application apply to the board in
writing. Before passing upon the application the board shall
provide the opportunity for a hearing after public notice and,
if it so determines, shall fix a time and place for hearing, and
a serve notice of the hearing shall be served upon all
interested persons so far as known to the board.
219.743 [EXCEPTIONS.]
The foregoing provisions shall Sections 219.681, 219.741,
and 219.742 do not apply to:
(1) logging or ore roads constructed and used exclusively
for logging or mining purposes, nor to;
(2) tracks described herein in section 219.681 which are
used exclusively for logging or mining purposes, nor shall it
apply to any; or
(3) a railroad which is not a common carrier.
219.751 [RESTORATION OF TRACKS FOR SERVICE.]
Subdivision 1. [ORDER.] When the commissioner is informed
of the abandonment, closing for traffic, or removal of any track
in violation of section 219.681, he the commissioner, without
delay, shall forthwith order the company which has committed
such the violation to restore such the track for service and to
resume service thereon on it, and if such the track has been
removed, to relay such re-lay the track.
Subd. 2. [FAILURE TO OBEY ORDER; DISTRICT COURT POWERS.]
When any such If the company shall fail fails to obey an order
of the commissioner made pursuant to subdivision 1, the
commissioner, upon verified petition alleging such the failure,
may apply to the district court of the county in which such the
company has a principal office, or into which a line of railroad
of such the company extends, for the enforcement of such the
order or other appropriate relief. The court, upon such notice
as it may direct, shall hear such the matter as in a case of an
appeal from an order. On such At the hearing the findings of
fact upon which such the order is based shall be are prima facie
evidence of the matters therein stated, and the court may grant
any provisional or other relief, ordinary or extraordinary,
legal or equitable, which the nature of the case may require,
and may impose a fine of not more than $500 for each day's
failure to obey any writ, process, or order of the court in
addition to all other penalties herein provided in sections
219.691 and 219.692. A temporary mandatory or restraining order
may be made in such the proceeding, notwithstanding despite any
undetermined issue of fact, upon such terms as the court may
direct.
219.753 [CRANES OPERATING ON RAILROAD TRACKS; ELECTRICAL
LINE DETECTORS; PENALTY.]
A crawler crane, a locomotive crane, or a truck crane, as
defined in the definitions of occupational safety and health
administration standards of the United States department of
labor, which operates upon a railroad track, with and has a boom
which extends 12 feet or more vertically above the ground or the
rails, must be equipped with a warning device able to detect any
an electrical line which comes within 15 feet of the boom. When
an electrical line is detected, no person is required to operate
the crane unless the electricity is shut off or the electrical
line is rerouted in a manner to prevent contact with the
machine. Violation of this section by any a person or
corporation is a misdemeanor.
219.755 [SECTION 645.35 NOT TO APPLY.]
Minnesota Statutes 1941, Section 645.35, shall does not be
construed to apply to sections 219.681, 219.691, 219.692,
219.741, 219.742, 219.743, and 219.751.
219.76 [FIRE CAUSED BY ENGINE; INSURABLE INTEREST.]
Each A railroad corporation owning or operating a railroad
in this state shall be is responsible in damages to every person
and corporation whose property may be is injured or destroyed by
fire communicated directly or indirectly by the locomotive
engines in use upon the its railroad owned or operated by such
railroad corporation, and line. Each such railroad corporation
shall have an insurable interest in the property upon the route
of the its railroad owned or operated by it line and may procure
insurance thereon in its own behalf for its protection against
such the damages.
219.761 [EXTINGUISHING LOCOMOTIVE FIRES; REIMBURSEMENT FOR
EXTINGUISHMENT.]
Subdivision 1. [REIMBURSEMENT.] Any A railroad operating
in Minnesota shall be is liable for all reasonable expenses of
extinguishment when a fire or fire hazard emergency is
proximately caused by a railroad locomotive, rolling stock, or
employees on a railroad right-of-way or operating property. If
the fire department of a local government or nonprofit
firefighting corporation extinguishes a fire or fires arising
from one occurrence and deems that it is entitled to
reimbursement for its expenses, it shall, within 60 days after
the first full day after extinguishment, give the railroad, by
mail, written notice by mail which shall state stating the
circumstances of the fire as then known. The notice may be
given to the railroad at any address at which the owner has an
office, agent, or other place of business in this state. The
date of the mailing shall be is the date or service of the
notice.
If after notice and claim for reimbursement, the railroad
working the right-of-way refuses to reimburse the local
government or nonprofit firefighting corporation for expenses
incurred, the claimant may recover by civil action reasonable
expenses, costs, disbursements, and attorney's fees.
Subd. 2. [INFORMATION IN CLAIM.] All claims shall must set
forth the basis of the claim including the time, date, place,
and circumstances of the claim. A claim shall must also include
an itemization of costs incurred in the extinguishment of to
extinguish the fire. The state fire marshal, in consultation
with fire department chiefs and representatives of the
interested railroads, may recommend that additional information
to be included in a claim.
Subd. 3. [OTHER COSTS, REMEDIES.] (a) If the railroads are
required to pay property taxes pursuant to chapter 272 or any
other law, they shall also pay any the fees and assessments
which may be required of property owners situated within the
same political subdivision for firefighting and protection
expenses.
(b) Neither the enactment of this section, nor its
subsequent repeal or termination, shall alter alters the
statutory or common law rights, duties, or obligations of
railroad companies with regard to fires caused directly or
indirectly by a railroad locomotive, rolling stock, or employees
on a railroad right-of-way or operating property.
219.77 [RAILROAD EMPLOYER LIABILITY OF CORPORATIONS FOR
EMPLOYEE'S INJURY OR DEATH.]
Every A company, person, or corporation, owning or
operating, as a common carrier, or otherwise, a steam railroad
or railway in the state shall be, is liable in damages to any an
employee suffering injury while engaged in such that employment;
or, in case of death of such the employee, to his or her
personal representative for the benefit of the surviving widow
or husband spouse and children of such the employee; and if
none, then to such the employee's parents; and if none, then to
the next of kin dependent upon such the employee, for such
injury or death resulting in whole or in part from the
negligence of any of the officers, agents, or employees of such
the employer, or by reason of any a defect or insufficiency in
its cars, engines, appliances, machinery, track, roadbed, works,
boats, wharves, or other equipment due to the employer's
negligence.
219.79 [CONTRIBUTORY NEGLIGENCE NOT TO BAR.]
Subdivision 1. [WHEN DAMAGES REDUCED.] In all actions an
action brought against any such an employer under or by virtue
of any of the provisions of sections 219.77 to 219.83, to
recover damages for death or personal injury to of the employee,
or where such injuries have resulted in his death, the fact that
the employee may have been guilty of contributory
negligence shall does not bar a recovery but the damages shall
must be diminished by the jury in proportion to the amount of
negligence attributable to such that employee; provided, that no
such.
Subd. 2. [WHEN DAMAGES NOT REDUCED.] An employee who may
be is injured or killed shall may not be held to have been
found guilty of contributory negligence in any case where when
the employer's violation by such employer of any a statute
enacted for the safety of employees contributed to the injury or
death of such the employee.
219.80 [ASSUMPTION OF RISK NO DEFENSE.]
In any an action brought against any an employer under or
by virtue of any of the provisions of sections 219.77 to 219.83
to recover for injuries to or the death of any of its employees
an employee, such the employee shall may not be held to have
assumed the risk of his the employment.
219.81 [CONTRARY CONTRACTS DECLARED VOID.]
Any contract, rule, regulation, or device whatsoever
whatever, the purpose or intent of which shall be is to enable
any an employer to exempt such employer from any escape
liability created by sections 219.77 to 219.83, shall is to that
extent be void; provided, that. In any an action brought
against any such the employer under or by virtue of any of the
provisions of sections 219.77 to 219.83, such the employer may
set off therein any sum she or he has contributed or paid to any
insurance, relief, benefit, or indemnity that may have been paid
to the injured employee, or to the persons entitled thereto to
it on account of the injury or death for which the action was
brought.
219.815 [EMPLOYER INCLUDES RECEIVER.]
The term "Employer," as used in sections 219.77 to 219.83,
includes any a receiver or other person charged with the duty of
management and operation of any a business employing labor.
219.82 [SURVIVAL OF RIGHT OF ACTION.]
Any A right of action given by sections 219.77 to 219.83 to
a person suffering injury shall survive survives to his or her
personal representative for the benefit of the surviving widow
or husband spouse and children of any such the employee; and if
none, then of such the employee's parents; and if none, then of
the next of kin dependent upon such the employee, but in such
cases there shall be only one recovery for the same injury.
219.83 [LIMITATION OF ACTION.]
No action shall may be maintained under sections 219.77 to
219.83 unless commenced within two years from the day the cause
of action accrues.
219.85 [RAILROAD STATIONS, AGENCY SERVICE.]
Agency service at common carrier railroad stations shall
must be that required by the public convenience and necessity.
No station shall may be abandoned nor agency service thereat
reduced or discontinued without the consent of the board after
public notice and opportunity for hearing is afforded. The
board may, on its own motion or upon the petition of any an
interested party, may order station agency service at any a
station established, reestablished, or expanded after notice and
an opportunity for hearing.
219.88 [STATIONS; NAME OF CITY; EXCEPTIONS.]
Subdivision 1. [PUBLICATIONS TO USE.] Every railway
company, telegraph company, express company, or other company or
corporation doing business as a common carrier which has or
maintains any a station in any a city within the state shall
publish in its printed matter published for the public, and use
as the name of such that station only, the name of the city in
which such the station is located or by which such the city is
or may be incorporated.
Subd. 2. [USE OF NAME DIFFERENT FROM CITY.] Every A
railway company, telegraph company, express company, or other
common carrier is hereby prohibited from using or continuing to
use within the state a different name for its station from that
of the city within which such where the station is located or
from that which is in use by the local government post office,
unless there is some a city or post office on the same division
of any a railroad in this state the has a name of which is so
similar as to be confusing in the dispatch of train orders.
219.92 [NEW ROADS; NOTICE; FILING OF MAPS AND PROFILES.]
Subdivision 1. [COMPLETION NOTICE; FILINGS.]
Every railroad company having constructed any railroad by
way of branch or extension or otherwise, Before opening the same
to public use a railroad branch, extension, or other railroad
constructed by a railroad company, the company (1) shall notify
the commissioner that the same it is finished and in a, safe
condition for operation, being and in full compliance with
federal track safety standards, and (2) shall file with the
commissioner a map and profile thereof of the construction with
a table of grades, curvatures, and mileage, and a statement of
other characteristics of the road, and an itemized statement
showing the actual cost thereof of the construction; all of the
foregoing to be in a form so as to be in compliance complying
with the federal track safety standards and to be attested to by
the oath of the president or other managing officer, and the
chief engineer of the company.
Subd. 2. [INSPECTION.] Before the new line is operated as
a public road, the commissioner shall inspect the same, it or
cause have it to be inspected by the state federal track safety
inspectors, and furnish the company with a certificate showing
compliance with the foregoing conditions, subdivision 1 and that
the road has been inspected and found to be in safe condition
for operation.
Subd. 3. [USE BEFORE COMPLETION.] When it is found
desirable to operate any before completion a portion of any new
a newly built railroad built or any a new branch or,
extension, or otherwise, before completion of the same, the
commissioner may, on application, may authorize the operation of
the new portion thereof pending the completion of the entire
road under such terms and conditions as the commissioner may
impose in the interests of the public.
219.93 [STOPPING TRAINS AT CROSSINGS.]
Every A company operating a railroad shall cause have all
trains on such the railroad to come to a full stop not less than
10, ten nor more than 60, rods, before reaching any a
railroad junction or crossing at grade, unless such stoppage is
rendered unnecessary by an interlocking plant or other device
approved by the written order of the commissioner, or by the
court upon appeal.
219.97 [FORFEITURES; VIOLATIONS; PENALTIES.]
Subd. 4. [VIOLATION OF SECTIONS 219.16 TO 219.30.] Any A
person, firm, or corporation violating any of the provisions of
sections 219.16 to 219.30 shall be is guilty of a misdemeanor.
The violation of section 219.22 shall does not of itself
constitute contributory negligence as a matter of law.
Subd. 5. [VIOLATION OF SECTION 219.37.] Any such A
railroad, or receiver or lessee thereof of the railroad failing
or neglecting to comply with the provisions of section 219.37
shall forfeit and pay to the state of Minnesota the sum of $200
for every mile of such a ditch which it fails to keep clean
during any season. This amount shall must be collected in a
civil action brought by the attorney general or by the county
attorney of any the county through or into which said that
railroad extends.
Subd. 6. [VIOLATION OF SECTION 219.56.] Any A person,
corporation, or company operating any a railroad in the
state and violating any of the provisions of section 219.56
shall be is guilty of a misdemeanor; and, upon conviction
thereof shall be, is liable for a penalty of not less than $10
nor more than $50 for each offense; and. The use of any one a
caboose car prohibited in section 219.56 shall constitute
constitutes a separate offense for every day or part of a day so
used; and such.
The penalty shall must be recovered in a suit brought in
the name of the state of Minnesota in any a court having
jurisdiction thereof in any a county in or through which
such the line of railroad may run, by the attorney general or
under his direction, or by the county attorney, of any a county
in or through which such the line of railroad may be
operated. All Fines and penalties recovered by the state under
this section shall subdivision must be paid into the state
treasury.
Subd. 7. [VIOLATION OF SECTION 219.85.] Any A company
failing to comply with any of the provisions of section 219.85
shall forfeit to the state for each violation not less than $500
nor more than $1,000; and. Each period of 30 days that any such
the failure shall continue shall be deemed to
constitute continues constitutes a separate offense.
Subd. 10. [VIOLATION OF SECTION 219.88.] Any A railway
company, telegraph company, express company, or other common
carrier failing to comply with the provisions of section 219.88
shall forfeit to the city where such the station is located the
sum of $100 for each day that such the failure shall continue;
provided, that continues. However, before any such a company
shall be is deemed to be in default, the council of the city
within which such where the station is located shall notify such
the company to change the name of such the station to the same
name as that of such the city within 60 days after the service
of such the notice upon such company.
Subd. 12. [VIOLATION OF SECTION 219.92.] Any A carrier
failing to comply with the provisions of section 219.92 or with
any an order of the commissioner made thereunder under section
219.92 shall forfeit $100 for each day's default $100, to be
recovered in a civil action in the name of the state of
Minnesota.
Subd. 13. [CIVIL PENALTY VIOLATION OF SECTION 219.93.]
Upon the complaint of any person, any a company operating a
railroad violating any of the provisions of section 219.93 shall
forfeit not less than $20 nor more than $100 to be recovered in
a civil action before any a county or municipal judge of the
county in which the violation occurs. One-half of the
forfeiture shall must go to the complainant and one-half to the
school district where the violation occurs.
ARTICLE 5
Section 1. Minnesota Statutes 1984, chapter 315, is
amended to read:
315.01 [FORMATION; TRUSTEES; ELECTION, APPOINTMENT,
DESIGNATION.]
Subdivision 1. [WHO MAY ELECT.] The stated worshipers with
any an unincorporated church, congregation, or religious
society, not already incorporated, who are of lawful age and
have been considered as belonging thereto to it, may elect
trustees thereof and incorporate the same in the manner
herein as provided in this section.
Subd. 2. [ELECTION.] A written notice, signed by at least
five of such stated worshipers, stating the time, place, and
object of the meeting, shall must be posted at least 15 days
prior to the time therein fixed, in some conspicuous spot before
the meeting, at the place of worship of such church,
congregation, or the society. At the time and place so fixed,
such if at least five worshipers, not less than five thereof
being are present, they shall, by a plurality vote, elect a
chairman chair and secretary, who. The chair and secretary
shall together determine the qualifications of voters and
receive and count the votes. The voters as so determined,
shall, by a plurality vote, elect not less than at least three,
nor and not more than 15 members of their church, congregation,
or society as trustees, to take charge of its property and
temporal affairs; and such. The voters shall also adopt
a corporate name, by which for the trustees and their successors
in office shall forever thereafter be known; and. They may also
determine the qualifications of the trustees thereafter to be
chosen afterward and the religious denomination or sect to which
the society shall will belong. Immediately after such the
meeting the chairman chair and secretary thereof shall sign, in
the presence of two subscribing witnesses, and shall
acknowledge, a certificate, which shall state stating the names
of the trustees elected, the name adopted for the incorporated
society, the qualifications, if any, of future trustees, if any
shall have been determined by the electors, and the name of the
religious denomination to which the society shall belong
belongs, if any shall have been selected.
Subd. 3. [APPOINTMENT.] When, by the constitution, rules,
or usages of any particular a church, denomination,
congregation, or religious society, require that trustees are
required to be appointed, elected, or chosen in any way, by any
a minister, presiding elder, or other officers, or by any
conference, assemblage, a body, or meeting of any kind, and are
so appointed, elected, or chosen, such minister, presiding
elder, officers the person who chose the trustees, or the
presiding officer and secretary of any such conference,
assemblage, the body, or meeting so appointing, electing, or
choosing trustees, shall execute, acknowledge, and deliver
to such the trustees a certificate, stating the names of
such the trustees, the time when and the persons person or body
by which they were appointed, elected, or chosen, and the their
corporate name by which such trustees and their successors in
office shall forever thereafter be called and known. Upon the
filing and recording of such When the certificate, is filed for
record as required by law, such the trustees, and their
successors appointed or chosen in the same manner, shall be
become a corporate body corporate under the name specified
therein in the certificate, and have all the rights, powers, and
privileges of other religious corporations organized under this
chapter.
Subd. 4. [DESIGNATION.] When, by the constitution, rules,
and usages of any particular a church or religious denomination,
declare that the minister or ministers, elders, and deacons, or
other officers elected by any a church or congregation according
to such the constitution, rules, or usages, are thereby
constituted the trustees of such the church or congregation,
such those designated persons may assemble and execute and
acknowledge a certificate, stating therein the their corporate
name by which they and their successors in office shall forever
thereafter be called and known. Upon the filing and record
of When this certificate is filed with the county recorder of
the proper county, such persons they and their successors shall
be are a corporate body corporate by under the name
expressed therein in the certificate.
315.02 [CERTIFICATE OF ELECTION OF TRUSTEES.]
When trustees have been heretofore elected, appointed, or
in any way chosen before February 1, 1877 by a conference or an
assembly of any kind, of any a church or religious society, in
accordance with its own constitution, rules, or usages, and a
certificate thereof of the choice made by its presiding officer
and secretary, or either of them, specifying the trustees'
corporate name by which such trustees are to be known, and duly
recorded, with intent to make such trustees them a body
corporate body, they shall must in all legal proceedings
be deemed considered a religious corporation under the
provisions of this chapter from the time of the recording
of such the certificate, and all. Their later acts
thereafter as a corporation shall be as are valid and as
effectual as though originally formed under the provisions of
this chapter; and all. Conveyances to such trustees them as a
corporation are hereby confirmed and declared valid.
315.03 [CERTIFICATE RECORDED, WHERE.]
Such The certificate, together with the certificate of
acknowledgment, and a copy of the notice of meeting and
affidavit of the its posting thereof, shall must be recorded
with the county recorder of the county where the society's place
of worship of such society is located; and thereafter such. When
it is filed, the trustees and their successors shall be are
a body corporate body by under the name expressed in such
the certificate.
315.04 [TRUSTEES, POWERS.]
Such The trustees may have a common seal and alter the same
it at pleasure. They may take possession of all temporalities
of such the church, congregation, or society, real and personal,
given, granted, or devised, directly or indirectly, to such the
body or to any other person for their use. They may sue and be
sued in their corporate name, recover and hold all debts,
demands, rights, and privileges, all churches, buildings, burial
places, and all the estate and appurtenances belonging to such
the church, congregation, or society, however acquired or by
whomsoever held, as fully as though originally vested in them.
They may hold, purchase, and receive title to, by gift, grant,
devise, or bequest, of and to any property, real or personal,
without limitation as to property in any amount, for any of the
purposes authorized or approved by the congregation or society,
as provided in section 315.05, with power to mortgage, sell,
convey, demise, lease, and improve the same it.
Sections 315.03 to 315.05 shall apply to all religious
corporations formed under Revised Statutes of the Territory of
Minnesota 1851, Chapter 36, and acts amendatory thereof and
supplemental thereto.
315.05 [TRUSTEES, ERECT AND REPAIR CHURCHES AND OTHER
BUILDINGS, GENERALLY MANAGE TEMPORAL AFFAIRS MANAGEMENT POWERS.]
Such The trustees may repair and alter churches, make
rules, regulations, and orders for managing the temporal affairs
of the church, congregation, or society, and dispose of all
moneys money belonging thereto to it. They may regulate the
renting of pews or slips, and the breaking of ground in their
cemeteries. Under the direction or approval of the congregation
or society, they may erect, acquire, and operate churches,
dwellings for their ministers, and other buildings for the use
of the church, congregation, or society, hospitals, nurses'
homes and training schools, missions, camps and recreational
grounds, and other buildings or facilities for the carrying on
of other religious, moral, and charitable activities. They may
appoint a clerk and treasurer of their board and a collector,
regulate their compensation, and remove them at pleasure. The
clerk shall enter all rules and orders made by the trustees, and
payments ordered by them, in a book kept for that purpose.
Nothing in this chapter shall be construed to give The
trustees power to may not fix the salary of any a minister,
but the same shall; it must be fixed by a majority of the
society entitled to vote at the election of trustees.
Sections 315.03 to 315.05 shall apply to all religious
corporations formed under Revised Statutes of the Territory of
Minnesota 1851, Chapter 36, and acts amendatory thereof and
supplemental thereto as amended.
315.06 [TRUSTEES, TERMS, ELECTION; QUORUM.]
The term of office of the trustees shall be is three years
or such lesser period of time less as may be prescribed in the
constitution or articles, and until their successors have
qualified. Unless otherwise provided in the constitution or
articles, immediately after their first election they shall be
divided by lot into three classes, the first class retiring at
the end of the first year, the second class at the end of the
second year, and the third class at the end of the third year;
and,. After that, as near as may be, one-third of the whole
number shall thereafter must be chosen annually. Two trustees
may call a meeting of the board; and,. When assembled, a
majority of the whole number shall constitute is a quorum for
the transaction of any business. Fifteen days before the
expiration of the term of office of any a trustee, the clerk
shall give notice of the election of his the trustee's
successor, by posting the same at the place it where the society
statedly meets for worship, therein stating. The notice must
state the name of the trustee and the time and place of
election; and, in addition to such notice,. The minister or
some other officer of such the church or society shall give
public notice of such the election to the congregation again at
least one week before the election. These provisions shall
apply to filling vacancies by death, resignation, or removal.
315.07 [VOTERS, QUALIFICATIONS.]
No person belonging to any such member of the church,
congregation, or society shall be entitled to may vote at any an
election after its incorporation until he or she has been an
attendant on attended public worship in such the church,
congregation, or society for at least six months before the
election, and contributed to its support according to its usages
and customs. The clerk of the trustees shall keep a register of
all persons who desire to become stated hearers in such ask to
join the church, congregation, or society, and therein note the
time of such the request, and he shall attend all subsequent
elections in order to test the qualifications of such voters in
case of question.
315.08 [DEFINITIONS.]
Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the
language or context clearly indicates that a different meaning
is intended, the following words, terms, and phrases, for the
purposes of this chapter, shall be given the meanings subjoined
to them.
Subd. 2. [SOCIETY.] The word In this chapter "society"
means the religious body constituted in accordance with the
principles of the ecclesiastical policy which forms the basis of
the corporation designated in this chapter as the church,
congregation, or society, as distinguished from the corporation
itself.
315.09 [GENERAL POWERS OF RELIGIOUS CORPORATIONS.]
Every A corporation organized under this chapter may, in
its corporate name, sue and be sued, hold, purchase, and receive
title to, by gift, grant, or other conveyance of and to any,
property, real or personal, with power to mortgage, sell, or
convey the same it. It may adopt all bylaws and make all
regulations necessary or expedient for the management of to
manage its affairs in accordance with law.
315.10 [POWERS OF CERTAIN CORPORATIONS.]
Any A religious corporation, parish or diocese formed under
the laws of this state, allowing a bishop, vicar general, pastor
of a parish with two laymen, or allowing a bishop, vicar
general, and chancellor of a diocese with two other members of
the same religious denomination, to form a corporation; such
corporation shall have the power to sections 315.15 and 315.16
may sue or be sued, to hold, purchase, and receive title to, by
devise, purchase, gift, grant, or otherwise, any real or
personal property, real or personal, with power to and mortgage,
sell, or convey the same it, or any part thereof of it,
without giving the notice or being authorized thereto, as
required in the manner provided in section 315.12.
315.11 [LIMITATION OF RIGHT TO HOLD PROPERTY.]
Nothing in this chapter shall be construed to authorize the
taking or holding of A religious corporation may not take or
hold real or personal property by any religious corporation for
purposes other than those of its incorporation, and all of its
provisions are. The amount of property it may hold is subject
to any limitation or modification which may hereafter be enacted
by general laws as to the amount of property which may be held
by the corporations provided for in this chapter.
315.12 [SALE OR ENCUMBRANCE OF REAL ESTATE.]
Any A religious corporation organized under the provisions
of this chapter, by and through its trustees, may sell and
convey, encumber, or otherwise dispose of any of its real estate;
but no such conveyance or encumbrance shall be made by the
trustees except when. To do so, the trustees must first be
authorized by resolution of such the society adopted by a
two-thirds vote of the members present and voting at a
meeting thereof called for that purpose,. Notice of the time,
place, and object of which shall the meeting must be given for
at least four successive Sabbaths immediately before it on which
the society statedly meets for public worship, immediately
preceding such time. When any a religious society ceases to
have stated meetings for public worship, or for any cause is
unable to give such notice of the time and place of the
meeting of such society, the corporation may make such the sale,
conveyance, or encumbrance by its trustees, upon being
authorized by resolution, as hereinbefore specified, adopted at
a meeting of which at least 20 days days' posted notice has been
given. If such the society has, for any reason, ceased to
exist, for a period of one year, the corporation may sell and
convey its property by its trustees upon giving at least 20 days
days' posted notice upon the premises of its intention so to do
so. Proof of such nonexistence, notice, meeting, and the
adoption of resolution may be made by the affidavit of a trustee
or member of the society cognizant thereof of them. The
affidavit shall must be recorded in the office of with the
county recorder where the certificate of incorporation was
recorded, and the same affidavit and the record thereof, or
certified copies of such record, shall be it, are presumptive
evidence of the fact therein contained facts they contain.
No person shall vote at any a meeting called to authorize
the trustees to sell, convey, encumber, or dispose of any the
corporation's real estate of such corporation who is not unless
the person is a member of such the religious body, and. No
such religious corporation shall sell, transfer, or otherwise
dispose of any of its real estate in any manner other
than except as provided by the denominational rules and
certificates of association of such the society as the same it
appears of record in the office of the county recorder of the
county. Nothing herein contained shall in any manner affect or
infringe any provision of Revised Laws 1905, Chapter 59 This
section does not limit sections 500.01 to 500.20.
315.13 [EXISTING SOCIETIES CONFIRMED; REORGANIZATION.]
Every church, congregation, or religious society heretofore
incorporated before the effective date of Revised Statutes of
the Territory of Minnesota, 1851, under any general or special
law, and not since dissolved, is hereby confirmed. In case of
the dissolution of any such corporation, or of any A corporation
formed under the provisions of this chapter, the same and
dissolved may be incorporated or reincorporated reincorporate
under the provisions thereof at any time this chapter within six
years after such dissolution; and thereupon all the estate,.
When it does, its real and personal, at any time belonging
thereto, and not lawfully disposed of, shall vest property vests
in the corporation the same as though there had been no
dissolution.
315.14 [LANDS HELD IN TRUST.]
If lands, tenements, or hereditaments are conveyed by
devise, grant, purchase, or otherwise, to any persons as
trustees in trust for the use of any a religious society
heretofore or hereafter organized, for a meeting house, burial
ground, or parsonage, with the improvements thereon on
them, they shall descend in perpetual succession, and be held by
such the trustees in trust for such the society.
315.15 [PARISH CORPORATIONS, ORGANIZATION.]
The bishop of any a religious denomination may associate
join with him the vicar general of the same diocese and the
pastor of such denomination of the parish wherein a where the
corporation is to be located, which shall be within the bishop's
diocese of such bishop, and for the purpose of incorporating.
The bishop, vicar general, and pastor, or a majority of them,
shall designate and associate join with them two lay members of
any such the denomination; and, upon adopting, signing, and
acknowledging. These five shall adopt, sign, and acknowledge a
certificate of incorporation reciting the fact of such
association, and of the selection of such laymen lay members,
and containing the name, general purpose, and place of location
of such the corporation, and having. When they have recorded
the certificate recorded with the county recorder of the
county of its location, the said five persons where the
corporation is located, they and their successors shall become a
corporation, subject to all the requirements, and vested with
all the rights, powers, and privileges, of a religious
corporation.
The persons at any time holding the offices hereinbefore
specified in any diocese shall are, by virtue of their
respective offices, be members of the corporation and, with the
two laymen aforesaid lay members, constitute such
corporation it, but every such person, on ceasing to hold such
office, shall they cease to be a member thereof members,
and his successor their successors in office shall become a
member in his place members. The two laymen lay members
designated as aforesaid shall remain members for the term of two
years from the date of the certificate, and thereafter after
that their term of office shall be is two years, and in either
case until their successors are chosen. They shall must always
be designated and appointed by the three first named corporators
bishop, vicar general, and pastor, who shall also fill all
vacancies in their number. Their appointment shall must be in
writing and entered upon the records of the corporation. Should
there at any time be If there is a vacancy in the office of
bishop of any diocese, or should any other if another person be
is appointed in his the bishop's stead to administer the
spiritual and temporal affairs of such the diocese, then, during
such the vacancy or suspension of the authority of such
bishop, such the administrator of the affairs of the diocese, or
any other person appointed under the rules of such the
denomination to preside over and administer its affairs, shall
is, while acting as such administrator or appointee, be a member
of such the corporation, with all the rights and powers incident
thereto of membership; but his the membership shall at once
cease ends when such the vacancy has been is filled or
suspension of authority removed.
If any a diocese in which any such the corporation is
located shall be is subdivided according to the rules and
practice of such the denomination, and one or more new dioceses
formed therefrom, from it or from its parts thereof, the
bishop and vicar general of any such the new diocese and their
successors in office, as soon as appointed and
instituted, shall, by virtue of their respective
offices, forthwith immediately become members of any such the
corporation within such the new diocese, with all the rights,
duties, privileges, powers, and obligations of such members, and.
The bishop and vicar general of the diocese in which such where
the corporation was located prior to such before the subdivision
shall cease to be members thereof of the corporation.
315.16 [DIOCESAN CORPORATIONS; FORMATION; POWERS.]
Subdivision 1. [PROCEDURE FOR INCORPORATING.] The bishop
of any such a diocese may associate join with him the vicar
general and chancellor of such the diocese, and. They, or a
majority of them, shall designate and associate join with them
two other members of such the religious denomination, residents
of such the diocese, and upon adopting, signing, and
acknowledging. These five shall adopt, sign, and acknowledge,
in duplicate, a certificate reciting the fact of such
association and selection of such the two persons, and
containing the name, general purpose, and location of such the
corporation, and filing and recording the same. When they file
and record it, as provided in section 315.15, the said five
persons they and their successors shall become a corporation,
with. The corporation has power to take, hold, receive, and
dispose of any real or personal property for the use and benefit
of such the diocese, and for the use and benefit of the
religious denomination therein creating such the diocese, and to
administer the temporalities of such the diocese, to establish
and conduct schools, seminaries, colleges, or any benevolent,
charitable, religious, or missionary work or society of such
religious denomination within such the diocese, with all the
rights, powers, and privileges enumerated in this section and in
section 315.15.
Subd. 2. [TERM OF MEMBERSHIP.] The persons who may hold
the offices, respectively, of bishop, vicar general, and
chancellor of such the religious denomination within and for
such in the diocese, and their successors in office forever,
shall, by virtue of their respective offices, always be are
members of such the corporation, but. On ceasing to hold such
office the corporate membership of each shall at once cease
ends. The other two incorporators and their successors in
office shall must always be selected and appointed by the
bishop, vicar general, and chancellor of such the diocese, or a
majority of them, for the same term and in the same manner as
provided in section 315.15 for the selection and appointment of
the two laymen lay members by the bishop, vicar general, and
pastor, and all. Vacancies shall must be filled by the three
first named corporators incorporators. Every such An
appointment shall must be in writing and entered of record in
the minutes of the corporation, and such appointees shall must
be members of such the religious denomination and residents of
the diocese of its location. Any corporator so incorporator
selected may at any time resign, and such. The resignation and
its acceptance shall always must be entered on the minutes of
the corporation. In case of a vacancy in the office of bishop
of such the diocese or the temporary suspension of his or her
authority to act, the relevant provisions of section 315.15 in
reference to such a case shall in all respects apply.
Subd. 3. [PROXIES.] Any A member of either corporation
specified in this section and in section 315.15 may, by a signed
writing signed by him, appoint a proxy to represent and act for
him, and in his name the member and stead to vote in the
member's place at any a corporation meeting of such
corporation.
Subd. 4. [CEMETERY CORPORATIONS.] A religious corporation
may be formed in the manner set forth herein, for the purpose of
establishing one or more cemeteries in this section to establish
cemeteries in accordance with section 307.01.
315.17 [PARISH OF PROTESTANT EPISCOPAL CHURCH.]
Subdivision 1. [FORMATION OF CORPORATION.] Any A parish of
the Protestant Episcopal church organized under and in
conformity with the constitution and canons of any diocese now
or hereafter existing in this state may form a corporation, as
follows: Such. The parish shall cause to be prepared prepare a
certificate containing:
(1) the name and location of the parish;
(2) the name of the rector, if any, and of the church
wardens, and the names and number of the vestrymen vestry
members, which shall not must be less than at least three,
nor and not more than 12; and
(3) the date of the organization of the parish.
Subd. 2. [CERTIFICATE SIGNED.] The certificate shall must
be signed and duly acknowledged by the rector, if any, and by a
majority of the wardens and vestrymen vestry members.
Subd. 3. [FILING CERTIFICATE; POWERS.] Upon signing,
acknowledging, and filing such the certificate for record with
the county recorder of the county of its location, such the
parish shall become becomes a corporation by the name specified
in its certificate; and, by and. Through its officers, it may
transact all the parish business of the parish, including
calling a rector and determining his the rector's salary; and,.
In its corporate name, it may acquire or receive, by purchase,
gift, grant, devise, or bequest, any property, real, personal,
or mixed, and hold, sell, transfer, mortgage, convey, loan, let,
or otherwise use the same property for the use and benefit of
the parish; provided, that such if the use shall does not
contravene the laws and usages of the Protestant Episcopal
church of the state; but. It shall may not have power to
divert any a gift, grant, or bequest from the purpose specified
in writing by the donor, or devisor, nor to. It may not sell,
convey, or mortgage its church or church site except when unless
first authorized so to do in a meeting of the parish called for
that purpose, nor in contravention of the canons of the diocese
or of the general convention of the Protestant Episcopal church
of the United States.
315.18 [ANNUAL MEETING; VESTRY, ELECTION, MEETINGS.]
The annual meeting of such the corporation shall must be
held at the parish church or parish house, if there be is
either, on Easter Monday, of each year, or at such other a time
as set by the parish may designate in its articles of
incorporation,. At which the annual meeting church wardens
and vestrymen shall vestry members must be elected, in such a
manner as shall be determined upon by the parish, by
electors having with the qualifications which are or may be
prescribed by the canons of the Protestant Episcopal church for
the diocese or missionary district in which the corporation is
located, in the state of Minnesota; but any. A parish organized
under this law may, at any annual meeting, adopt a bylaw
providing for the election of one-third of the vestrymen vestry
members of the parish for one year, one-third for two years, and
one-third for three years, and at the meeting may
elect vestrymen vestry members in accordance with such the bylaw
; and. At each succeeding annual meeting one-third of the
vestrymen shall vestry members must be elected for a term of
three years, and. The bylaws may also provide that no vestryman
shall vestry member, at the expiration of his the member's term
of office, be is eligible for reelection as vestryman to the
vestry until the next annual meeting;. The church wardens and
vestrymen vestry members shall hold their respective offices
office until their successors are elected.
The rector of such the parish shall is ex officio be a
member, and, when present, the presiding officer of the vestry,
and entitled to vote at all its meetings. Meetings may be
called by the rector at his the rector's discretion, or by
either warden at the request of a majority of the vestrymen
vestry members, on three days' notice, in writing, to each
member of the vestry.
315.19 [ARTICLES AMENDED.]
Any A parish of the Protestant Episcopal church,
incorporated under the laws of the state or territory of
Minnesota, may amend its articles of incorporation and thereby
change and fix the time of holding its annual parish meeting, by
adopting. To do so, it must adopt, at its annual parish meeting
by majority vote of those present, a resolution fixing or
changing the date of holding its annual parish meeting and by
causing such. It must put the resolution to be embraced in a
certificate duly executed by its rector or other presiding
officer and by its clerk and filed file the certificate for
record with the county recorder of the county of its location.
315.20 [CATHEDRALS.]
Subdivision 1. [FORMATION.] Any A cathedral for which a
constitution and statutes are adopted by the diocesan convention
of any a diocese in this state of the Protestant Episcopal
Church in the United States of America may form a corporation,
as follows:
Such The cathedral shall cause to be prepared have a
certificate prepared containing:
(1) the name and location of the cathedral;
(2) the persons who constitute the chapter of the
cathedral, and their names, of which chapter the bishop of the
diocese and the wardens and vestrymen vestry members of the
cathedral congregation shall be members; and
(3) the date of the adoption by the diocesan convention of
the constitution and statutes of the cathedral.
Subd. 2. [CERTIFICATE, BY WHOM SIGNED.] The
certificate shall must be signed and duly acknowledged by the
bishop of the diocese and by a majority of the members of the
chapter, and filed for record in the office of with the county
recorder of the county in which where the cathedral is located.
Subd. 3. [CERTIFICATE FILED; POWERS.] Upon the signing,
acknowledging, and filing of such the certificate for record
with the county recorder of the county of its location, such the
cathedral shall become becomes a corporation by under the name
specified in its certificate; and, by and. Through its chapter,
it may transact all the business of such the cathedral;
and,. In its corporate name, it may acquire or receive, by
purchase, gift, grant, devise, or bequest, any property, real,
personal, or mixed, and hold, sell, transfer, mortgage, convey,
loan, let, or otherwise use the same property for the use and
benefit of the cathedral; provided, that such use shall if the
use does not contravene the laws and usages of the Protestant
Episcopal Church in the United States of America of this state;
but. It shall not have power to may not divert any gift, grant,
or bequest from the purpose specified in writing by the donor or
devisor, nor to. It may not sell, convey, or mortgage its
church or church site, except with the consent of the bishop, in
writing, and when first authorized to do so at a meeting of the
chapter called for that purpose, nor in contravention of the
canons of the diocese or of the general convention of the
Protestant Episcopal Church in the United States of America.
Subd. 4. [GOVERNMENT.] The chapter of such the cathedral
shall be governed by the constitution and statutes which have
been adopted for it by the diocesan convention and any
amendments made thereto, to them as provided therein in them.
315.21 [INCORPORATION.]
Subdivision 1. [METHOD.] The members of any If a church or
religious society, not less than three in number, does not
wishing wish to form a corporation under any of the preceding
provisions of this chapter sections 315.01 to 315.20, at least
three members may become a corporation by adopting and signing a
certificate containing:
(1) its name, general purpose and plan of operation, and
its location; and
(2) the terms of admission, qualification for membership,
selection of officers, filling vacancies, and the manner in
which the same way it is to be managed.
Subd. 2. [CERTIFICATE RECORDED.] Such The certificate
shall must be recorded with the county recorder of the county of
its location.
Subd. 3. [EXISTING CORPORATIONS.] Any An existing
corporation created by special law, which does not desire to
incorporate under any preceding provision of this chapter
sections 315.01 to 315.20, may reincorporate under the
provisions of this section, when authorized by a three-fourths
vote of its members present and voting at a stated meeting
called for the purpose of considering such to consider
reincorporation.
315.22 [EXISTING CHURCHES MAY INCORPORATE; REINCORPORATION;
PROPERTY TO VEST.]
Every A church or society organized as such, and not
incorporated, may become a corporation by executing,
acknowledging, and causing to be having recorded with the proper
officers a certificate of incorporation under this chapter.
Thereupon When it does, and also when any existing religious
corporation shall reincorporate reincorporates under this
chapter, all property and franchises of every kind belonging to
such the society, or such original corporation, as the case may
be, shall vest in the corporation so organized; but. Rights in
pews possessed by any members at the time of any such
reorganization shall are not be impaired. Such The board of
trustees or other governing body of any corporation so a
reorganizing corporation, or their survivors, when requested by
the governing board of such the new corporation, shall convey to
the new corporation, by sufficient deed, all property owned by
it. Such The conveyance shall must recite the fact of such
reorganization, shall be prima facie evidence of the facts
therein stated, and shall pass all title to the property therein
described in it possessed by the corporation in whose behalf it
is executed. It is prima facie evidence of the facts stated in
it.
315.23 [INCORPORATION OF DIOCESAN COUNCIL, SYNOD,
PRESBYTERY, CONFERENCE, ASSOCIATION, CONSOCIATION, OR SIMILAR
ORGANIZATIONS.]
Subdivision 1. [METHOD.] Any A diocesan council, synod,
presbytery, conference, association, consociation, or other
general organization for ecclesiastical or religious purposes,
existing in any a church or religious denomination in this
state, and which, according to the polity, constitution, canons,
customs, discipline, or usages of such church or denomination,
is composed of or represents representing several parishes,
congregations, or particular churches under church law, may form
a corporation by adopting. To do so, it must adopt a canon or
resolution stating:
(1) its purpose to form such a corporation;
(2) its name and its general purposes and powers, not
inconsistent consistent with law;
(3) the name of the church or religious denomination to
which the body organizing the corporation belongs, and the
district or territorial limits of its jurisdiction;
(4) the number and official titles of the officers through
whom it shall will act, and by whom and in what manner such
how the officers shall be are elected or appointed, and the
length of their terms, and their general duties, powers, and
authority; and
(5) the names and addresses of those elected or appointed
as the first officers of the corporation.
Subd. 2. [CANON OR RESOLUTION, APPROVAL, RECORDING.] A
copy of such the resolution or canon, certified by the presiding
officer of the body adopting it and, verified by the affidavit
of its secretary or clerk, and endorsed with the certificate of
the attorney general that the same it conforms to law endorsed
thereon, shall, must be filed with the county recorder of the
county in which where the body is located, who. The county
recorder shall record the same it at length, including such
the endorsement, and issue his a certificate that, the
provisions of the law having has been complied with, said and
the body has become duly is incorporated according to law. The
county recorder shall keep in a book in his office an
alphabetical index of all such these corporations.
Subd. 3. [AMENDMENT OF CANON OR RESOLUTION.] The body
organizing such the corporation or its successor, by resolution
or canon adopted by it at two regular successive sessions
thereof, and so certified, verified, and recorded with the
secretary of state, may amend or modify the resolution under
which the corporation was formed, in respect to. It may change
its jurisdictional limits, or to the number, official titles,
terms of office, or the manner of electing or appointing
officers, or their duties, powers, and authority, or to the
purposes and powers of the corporation, not inconsistent. The
change must be consistent with law, and not impairing any impair
trusts or vested rights of property. The amendment must be made
by resolution or canon adopted at two successive sessions of the
body, so certified, verified, and recorded with the secretary of
state.
315.24 [SPECIAL POWERS.]
Any such A corporation may receive in trust for any a
parish, mission, local church society, or congregation, whether
incorporated or not, any property, real or personal, which may
be given, granted, transferred, devised, or bequeathed to it for
the use of such the parish, mission, local church society, or
congregation, for religious, charitable, or educational
purposes, and. The corporation may hold the same property,
and the its rents, issues, and profits thereof, until such the
parish, mission, local church society, or congregation shall
demand a demands its conveyance thereof, accounting,. From time
to time, when required, the corporation shall account for the
rents, issues, and profits. Any Property now held in trust by
any a person, corporation, or trustees for the use and benefit
of the religious body forming a corporation under the provisions
of section 315.23, or any of its parishes, missions, societies,
congregations, or local churches, may, with the consent of the
beneficiary, be conveyed and the title thereto to it vested in
the corporation as the successor in such the trust, but no such
corporation shall have power, in any manner, to. The
corporation may not create any a lien upon on or encumber
any property held by it in trust.
315.25 [ANNUAL MEETING, NOTICE OF, PLACE.]
Any such A corporation, the whose membership of which in
part resides in other states, may hold its annual meetings at
such points outside the state as it may, from time to time,
designate at a previous annual meeting, or it may authorize its
president to designate such the place. At least three months
before the time of such the annual meeting, notice of such the
time and place shall must be given by publication in the
recognized organ of such the corporation, if it has one;
otherwise, or by other notice appropriate to inform the
membership.
315.26 [CONSOLIDATION OF PARISHES, CONGREGATIONS, OR
CHURCHES.]
Any A diocesan council, synod, presbytery, conference,
association, consociation, or other general organization for
ecclesiastical or religious purposes composed of or representing
several parishes, congregations, or particular churches, and
incorporated under the laws of this state Minnesota law, may
unite or consolidate with one or more other diocesan councils,
synods, presbyteries, conferences, associations, consociations,
or other general organizations for ecclesiastical or religious
purposes, or may with one or more such other societies form one
new society for ecclesiastical or religious purposes, and. When
any such the united or consolidated society, or any such new
society, shall have been is incorporated, the former body may
convey and transfer its property to such the new corporation
according to law.
315.27 [PROCEDURE FOR INCORPORATION.]
Any Two or more societies of the classes named in the
preceding section 315.26 may form a corporation by adopting a
canon or resolution and having a copy thereof certified,
verified, approved by the attorney general, and recorded as
provided by section 315.23. The canon or resolution may be
adopted (1) in joint session by representatives, delegates, and
others entitled to vote at the regular meetings of such the
societies, respectively, for the year in which such the canon or
resolution is adopted or may be adopted (2) in joint session by
committees of such societies, elected or appointed by them the
societies, respectively, for that purpose.
315.28 [PRIVILEGES.]
Every A corporation formed as provided in under sections
315.26 to 315.29 shall have has the same franchises, powers,
privileges, and immunities rights as corporations organized and
existing formed under section 315.23.
315.29 [RIGHT TO HOLD PROPERTY.]
Every A corporation organized under sections 315.26 to
315.29 shall hold all property conveyed or transferred to it for
such the same use and subject to such the same trusts and
conditions as such property is held by the corporation conveying
or transferring the same property.
315.30 [AMENDMENT OF CERTIFICATE.]
Any A religious corporation, may change its certificate by
a resolution adopted, certified, acknowledged, and recorded in
the same manner way as its the original certificate, may
alter, modify, or add to such original certificate in any manner
not inconsistent. The change must be consistent with law. When
recorded, such the amended certificate shall take the place of
replaces the original.
315.31 [AMENDMENT OF ARTICLES OF INCORPORATION.]
Any A religious society, religious association, or
religious corporation heretofore formed or reorganized and now
existing pursuant to the provisions of under section 315.21,
upon compliance with the provisions of sections 315.31 to
315.33, may alter or amend change its articles of incorporation
as to any matter or thing which that could have been included in
the original articles of incorporation; provided, that nothing
herein contained shall authorize or empower any such religious
organization to amend or alter, in the manner provided by
sections 315.31 to 315.33, its articles of incorporation in
respect to any matter. It may not change matters relating to
the management or the conduct of the affairs of any a cemetery
owned or controlled by such religious organization where such it
if the cemetery is managed or conducted pursuant to the
provisions of according to sections 306.69 to 306.72.
315.32 [TRUSTEES, POWERS; CERTIFICATE, RECORDING.]
The board of trustees, the board of administration, or
other governing body of any such a religious organization under
section 315.21 may, by unanimous vote of all its members, so
alter or amend such the articles of incorporation under section
315.31, when authorized by resolution so to do at any a special
meeting of such the religious organization. The meeting must be
called for such that expressly stated purpose, at which such
special meeting and a majority of the members of such the
religious organization are must be present, which authority
shall be, by The resolution, must be passed by vote of a
majority of the members present and voting at such meeting of
such religious organization. The board of trustees, the board
of administration, or other governing body of any such religious
organization shall cause such record the resolution to be
embraced in a certificate duly executed and acknowledged by its
president and secretary, or by its other presiding and recording
officers, under the corporate seal of the religious
organization, and such. The certificate shall be is presumptive
evidence of the facts therein stated in it. The
certificate shall must be recorded in the office of filed for
record with the county recorder of the county in which where the
religious organization is located, and thereupon such alteration
or. The amendment shall become is effective on filing.
315.33 [METHOD PROVIDED IS ADDITIONAL.]
The manner of amendment, authorized by sections 315.31 to
315.33, of the articles of incorporation of any such religious
organization shall be in addition to the manner in which
amendments to the articles of incorporation of any such
religious organizations are now authorized by law; and nothing
in Sections 315.31 to 315.33 contained shall abridge, or in any
manner or to any extent affect, do not change the right of any
religious organizations to alter or amend their articles of
incorporation in the manner any way now authorized by law.
315.34 [CONSOLIDATION OF RELIGIOUS CORPORATIONS.]
Any Two or more incorporated churches, congregations,
parishes, or religious societies, or an incorporated parish and
an incorporated cathedral, may consolidate and reorganize as a
single church, congregation, parish, cathedral, or religious
society by complying with the provisions of law this chapter for
the formation of such a church, congregation, parish, cathedral,
or society contained in this chapter.
315.35 [RESOLUTION; NOTICE.]
Before any action is had for that purpose taken under
section 315.34, a resolution authorizing such consolidation and
reorganization shall must be adopted by at least two-thirds of
the members present and voting at a meeting of each of such the
churches, congregations, parishes, parish and cathedral, or
societies called for that purpose,. Notice of the time, place,
and object of which shall the meeting must be given on four
successive Sabbaths on which such the society statedly meets for
public worship, immediately preceding before the time specified
for such the meeting. Proof of the fact of such notice, meeting
and resolution may be made by affidavit of one of the officers
or members cognizant of the facts, which shall and must be
recorded with the certificate of incorporation.
315.36 [MEETINGS; NOTICE; ORGANIZATION; POWERS.]
After the adoption of such each society has adopted the
resolution by the several churches, congregations, parishes,
parish and cathedral, or societies, notice shall must be given
stating the time and place of the meeting of the united
congregation of all such churches, congregations, parishes,
parish and cathedral, or societies by posting the same at the
place the societies. The notice must be posted where each
society statedly meets for worship at least 15 days prior to
such before the meeting, and. The minister or some
other another officer of each such the organization shall give
public notice of the meeting at the usual Sabbath service at
least one week before the meeting. The notice for such the
meeting shall must be signed by the clerk of the board of
trustees, vestry, or chapter of each church, or by some other a
person authorized by such the board to sign the same it. At the
meeting of the united congregation, held pursuant to such
according to the notice, a name shall must be adopted for the
new corporation and. The meeting shall, by a majority vote,
determine the form of organization of the new corporation, and
fix the qualifications for trustees or vestrymen vestry members
and the number, which shall be not less than 3, nor must be at
least three and not more than 12, and. A new board of trustees,
vestry and wardens or chapter and wardens shall must be elected
by a majority of all the members present.
The board of trustees, vestry or chapter not including
wardens shall must be divided into three classes;. One class
shall must be elected and hold office until the next annual
meeting of the congregation, one class until the its second
annual meeting of the congregation, and one class until the its
third annual meeting of the congregation. Thereafter After
that, the terms of office of the trustees or vestrymen shall
vestry members must be three years and until their successors
are elected and have qualified. In case If a vacancy shall
occur occurs in the board of trustees, vestry, or chapter, at
the next meeting of the congregation, board of trustees, chapter
or vestry a successor shall must be elected to fill the
unexpired term caused by such vacancy.
After such the meeting the chairman and secretary shall
make a certificate in the form and manner as prescribed by
section 315.01, 315.17, or 315.20, as the case may be, and
such. The certificate, together with proof by affidavit of the
giving of proper notice of the meeting, and the affidavits
provided for in section 315.35, shall must be recorded in the
office of with the county recorder of the county where the place
of worship of the consolidated society is located; and thereupon
such churches, congregations, parishes, parish and cathedral, or
societies shall be. When it is filed, the societies become
merged into a new corporation under the name specified in the
certificate and. The new corporation shall have has the rights,
powers, and privileges, and shall be is liable for all the
obligations of the several corporations so consolidated and all
of. The property of every kind and nature of the original
corporation shall vest vests in the new corporation; and
whenever, by any. If a will or other instrument which takes
effect after such the consolidation, and names any of the
original corporations be named as a legatee or, devisee, or as
beneficiary of any a trust therein provided, the new corporation
shall take under such will or other the instrument and shall
receive and become is entitled to all the money, property, and
benefits that the original corporation would have received under
such will or other the instrument, save as therein
otherwise unless the instrument expressly provided provides
otherwise.
315.365 [MERGER OF RELIGIOUS CORPORATIONS.]
Subdivision 1. [MERGER.] In the event that If two or more
dioceses, synods, parishes, churches, congregations, or other
religious bodies of the same religious denomination shall have
heretofore been or shall hereafter be united, reunited, merged,
or consolidated, unite, reunite, merge, or consolidate and in
the event that if, before doing so, each said religious
body shall have has created, prior to the date of said union,
reunion, merger, or consolidation, a corporation or two or more
corporations pursuant to the laws of this state for the holding
and administration of under Minnesota law to hold and administer
its properties of said religious body or for the holding and
administration of properties in trust for the use and benefit of
said religious bodies the body or of any subdivisions,
congregations, parishes, churches, missions, or other its
component parts thereof, the said these property corporations
may merge and consolidate one with or into any one of said
property corporations another or with and into a new property
corporation organized for like similar purposes by said united,
reunited, merged, or consolidated the new religious body,
providing. Authority for said the property corporation merger
and consolidation shall have been must first be given at any an
annual meeting of said united, reunited, merged, or consolidated
religious the new body or at any a special meeting thereof
duly called for such that purpose in accordance with the
constitution, canon law, or other lawful provision for its
governance.
Subd. 2. [HOW MERGER EFFECTED.] Any said To accomplish the
merger and consolidation shall be effected by the execution by,
the property corporations who are parties thereto of must
execute an agreement of merger and consolidation containing:
(a) (1) the names of the property corporations who are
parties thereto. to it;
(b) (2) the name and location of the principal office of
the surviving corporation with and into which the property
corporations who are parties to said merger are to be merged and
consolidated.;
(c) (3) the persons who shall constitute the governing
board of the surviving corporation until their successors
are duly elected and shall qualify. qualified;
(d) (4) the general purposes of said the surviving
corporation and the general description of the area to be served
by it.;
(e) (5) the date of adoption of the authorization for said
the merger and consolidation by the meeting of the united,
reunited, merged, or consolidated religious body to which said
the merging or consolidating property corporations pertain.; and
(f) Any (6) other provisions appropriate for the
certificate of incorporation of property corporations of said
this character which may be formed pursuant to the laws of this
state under Minnesota law.
(g) Said The agreement of merger and consolidation shall
must be executed by the corporate officers of each of the
property corporations which are parties thereto corporation that
is party to it and shall must be accompanied by the certificate
of the secretary or other recording officer of said united,
reunited, merged, or consolidated the new religious body
certifying to the adoption by said religious. The certificate
must certify that the body has adopted in accordance with its
constitution, canon law, or other general provisions for the
governance of its affairs, of a resolution authorizing said the
merger and consolidation, and shall. The agreement must also be
accompanied by a certificate of the secretary or other recording
officer of each of the property corporations who are parties
thereto of the adoption by, certifying that the members and the
board of trustees or other governing body of each said property
corporation of have adopted resolutions authorizing and
directing the execution of said the agreement of merger and
consolidation.
(h) Said The agreement of merger and consolidation, when
executed as aforesaid and when certified as aforesaid, shall
must be filed for record in the office of with the county
recorder of the county in which where the surviving
corporation's principal place of business of said surviving
corporation is to locate, and shall. It must also be filed for
record in the office of with the county recorder of each other
county of this state in which where the principal place of
business of any of the property corporations who are parties to
said merger and consolidation shall theretofore, by the
provisions of its was located according to the property
corporation's certificate of incorporation, have been located.
(i) Said The merger and consolidation shall be and become
effective for all purposes upon filing for record takes effect
when the said agreement of merger and consolidation and the
certificates as aforesaid in the office of are filed for record
with the county recorder.
Subd. 3. [CONTINUATION OF CORPORATE IDENTITIES.] Upon any
said When a merger and consolidation becoming effective takes
effect, the corporate identity of each of the property
corporations which are parties thereto shall continue party to
it continues in the surviving corporation, and. The legal title
to all assets held or owned by any property corporation which
that is a party to said the merger and consolidation shall
thereupon be and become vested vests in the surviving
corporation, and. The surviving corporation, by continuance in
it of the corporate identity of each of the corporations which
are parties to said merger and consolidation, shall be the
corporation is entitled to receive all gifts, devises, bequests,
legacies, or other transfers or assignments of money or
property, real, personal, or mixed, thereafter made after the
merger directly or in trust to or intended for any of the said
constituent property corporations which are parties to said
merger and consolidation; provided that,. Except as provided in
Minnesota Statutes 1941, section 501.12, no properties or assets
and no income of any properties or assets held or received
by any said property corporation which is a party to said the
merger and consolidation or which shall be received by the
surviving corporation after the date thereof shall be diverted
from the uses and purposes for which the same they were or are
received and held by the said property corporations who are
parties to said merger and consolidation or from the uses and
purposes for which the same they were expressed and intended.
Subd. 4. [EFFECTIVENESS OF ORIGINAL CERTIFICATES OF
INCORPORATION.] Except as otherwise provided in said the
agreement of merger and consolidation, all of the provisions of
the certificate of incorporation of the surviving corporation
shall continue in full force and effect as to the surviving
corporation and all other corporations which shall be so merged
and consolidated therewith with it.
315.37 [WHEN SOCIETY CEASES TO EXIST; DISPOSAL OF
PROPERTY.]
Whenever any When a religious society, which is in any way
under the control or supervision of a superior body, ceases to
exist or to maintain its organization, all its remaining real
and personal property shall vest vests in and be is transferred,
in the manner hereinafter as provided in section 315.38, to the
incorporated annual conference, presbytery, diocese, diocesan
council, association, or other incorporated governing or
supervising body of the same religious denomination within whose
jurisdiction such society was located, or with which it was
affiliated, it being intended that the property shall vest in
and be transferred to the next higher governing or supervising
corporate body of the same denomination.
315.38 [DISSOLUTION, APPLICATION, HEARING.]
Upon application to the district court of the county where
such the society was located by any a member of the body in
which the property is to vest, as aforesaid under section
315.37, the court shall appoint a time for hearing the
application, and. Three weeks' published and posted
notice thereof shall of hearing must be given, and any
additional notice which the court may direct. If, upon at the
hearing, it appears that a proper case exists therefor under
section 315.37, the court shall adjudge and direct a transfer
thereof to be made through a trustee appointed by it for that
purpose. Affidavits of the notice may be filed in the
proceedings, and they shall be are evidence in all actions and
proceedings in the courts of the state.
315.39 [TITLE TO REAL PROPERTY, TITLE VESTED IN SOCIETY,
BODY, OR CORPORATION.]
When it shall be made to appear appears to any a district
court of this state that, prior to the year before 1907, real
property was conveyed to a bishop, or a right reverend bishop,
or an archbishop, or a most reverend archbishop of any religious
denomination or church in his an official capacity as bishop and
to his successors in office, or as trustee under an oral or
written trust for any an incorporated or unincorporated society,
body, association, or congregation in this state, whether the
grantee is designated as trustee in the conveyance or not, and
the consideration therefor for it was paid by the society, body,
association, or congregation, and at the time of the conveyance
the bishop's religious denomination or church had its central or
supreme government in a foreign country or nation and was the
country's state church of the foreign country or nation,
and thereafter later the country's form of government of the
foreign country or nation was changed and the religious
denomination or church ceased to be the its state church
thereof, and the record title to the real property is in the
name of the grantee or his a successor in office, and
the society, body, association, or congregation, whether
incorporated or not, is in possession of possesses the real
property and has been in possession thereof possessed it for a
period of ten or more years under a claim of ownership, the
district court shall, in an action brought by the society, body,
association, or congregation, make a decree vesting the title,
both legal and equitable, to the real property in the society,
body, association, or congregation; provided, that any such
society,. An unincorporated body, or congregation which is now
unincorporated shall become incorporated must incorporate under
the laws of this state prior to Minnesota law before the
commencement of the action.
Actions under this section shall must be brought in the
same manner way as actions to quiet title to real property in
this state, as provided in chapters 557 to 561.
315.40 [RELIGIOUS SOCIETIES MAY PROVIDE FOR EMPLOYEE
BENEFITS; INSURANCE LAWS NOT TO APPLY.]
Any A religious society, religious association, or
religious corporation may, when duly authorized by its members,
provide for the support and payment of pay benefits to its
ministers, teachers, and other functionaries and employees of
such society, association, or corporation, or those of any a
congregation, or of any educational, benevolent, charitable, or
other body affiliated with it or under the its jurisdiction of
such society, association, or corporation; for the payment of
pay benefits to their widows, children, or other dependents or
beneficiaries; for the collection of collect contributions and
other payments; and for the creation, maintenance, investment,
management, and disbursement of create, invest, manage, and
disburse necessary endowment, reserve, and other funds for such
these purposes.
The insurance laws of this state shall do not apply to the
operations of any such a society, association or corporation
under the provisions of this section.
315.41 [CAMP MEETING ASSOCIATIONS; FORMATION; CAPITAL
STOCK.]
Camp or grove meetings, Sunday school assemblies, or any
societies for religious instruction or worship, and for mutual
improvement in moral, literary, or social culture, may be
incorporated incorporate under this chapter. The amount of
capital stock shall not must be less than at least $5,000,
divided into shares of not less than $10 nor more than $50 and
paid in as provided in its bylaws.
315.42 [TAX EXEMPT; NO STREETS THROUGH PROPERTY.]
All Property necessarily used by any such a corporation,
and not leased or used for profit, shall be is exempt from
taxation. No roads or streets shall be laid through any such
the property without the consent of the corporation's governing
board of such corporation.
315.43 [PEACE OFFICERS, APPOINTMENT.]
The governing board of any such corporation may appoint
peace officers for the purpose of keeping to keep order on its
grounds, to be paid by such the corporation. Such The officers
while on duty shall have the same power and authority as
constables.
315.44 [YOUNG MEN'S CHRISTIAN ASSOCIATION, ORGANIZATION;
CERTIFICATE.]
Any number of Three or more persons, not less than three,
may form a corporation to be known as a Young Men's Christian
Association, by adopting, signing, and acknowledging a
certificate of incorporation containing:
(1) the names and places of residence of the incorporators;
(2) the name of the corporation, the location of its
principal place of business, and the period of its duration;
(3) the objects of its organization expressly stated;
(4) the number of its directors, not less than five, who
shall manage its affairs, how and when elected, and the time and
place of holding annual meetings; and
(5) the terms of admission to active membership.
Such The certificate shall must be executed in duplicate,
and one filed with the secretary of state and the other with the
county recorder of the county of its principal place of business.
315.45 [CLASSIFICATION OF MEMBERS.]
The directors may in their bylaws divide the members into
active, senior, junior, associate, and such other convenient
classes as they may deem convenient, and determine the
qualifications for associate membership and provide rules for
the trial and expulsion of members. Only active members shall
be entitled to may vote or hold office in such the corporation.
315.46 [BOARD OF TRUSTEES MAY MANAGE REAL PROPERTY.]
Any such An association may create a board of trustees to
control its property. The board shall consist of not less than
at least five trustees, of whom the president of the association
shall is one ex officio be one. Each trustee shall must be a
member in good standing of some Protestant Evangelical church,
but not. No more than three members, exclusive of such the
president, and in no case a majority, shall may be members of
any one church denomination. The first board of trustees shall
must be elected at any a regular meeting of the association by a
majority vote of the members thereof entitled to vote thereat
present and voting, and. It shall hold office for such the time
as may be prescribed by its bylaws. Vacancies shall must be
filled by a majority vote of the remaining trustees from
nominations made by the board of directors or managers.
315.47 [PROPERTY RIGHTS.]
Each The board shall have the control of the real property
of the association and such other property as its board of
directors or trustees may designate. No Real property belonging
to the association shall must not be conveyed, disposed of, or
mortgaged without the consent of the board, nor shall the same
be and it is not liable for any a debt or obligation of the
association unless the same shall have been debt is contracted
with its approval. All Property so and its income under the
control of the board and the income thereof shall must be
devoted only to the purposes of the association and. So long as
the directors and managers of the association shall so expend
the same such spend it for these purposes, the income shall must
be paid over to the treasurer of the board of directors or
managers.
315.48 [REINCORPORATION.]
Any A religious society now conducting its affairs as a
Young Men's Christian Association may reincorporate under the
provisions of sections 315.44 to 315.47, but in such case. The
new certificate of incorporation shall must be executed by all
of the directors of such the association. Upon such
reincorporation all of the property of such the society shall
pass passes to and vest vests in the corporation so
formed without further action.
315.49 [YOUNG WOMEN'S CHRISTIAN ASSOCIATIONS.]
All the provisions of Sections 315.44 to 315.48 shall be
applicable apply to Young Women's Christian Associations as well
as to Young Men's Christian Associations.
315.50 [CONSOLIDATION OF CHURCH CONFERENCES; AFFIDAVIT.]
Subdivision 1. [CHURCH NAMES.] Upon the consolidation or
merger of two or more church conferences, any a subordinate or
affiliate religious corporation formerly under the governance of
one of such consolidating or merging church conferences is
hereby authorized to them may use the name, or appropriate part
thereof of it, of the consolidated or merged church conference
as part of its name in place of the name, or part thereof, that
of such the consolidating or merging church conference formerly
a part of the name of such subordinate or affiliate religious
corporation. All Deeds, mortgages, contracts and other legal
documents executed by such the subordinate or affiliate
corporation using the new name of the consolidated or merged
church conference, or part thereof, are hereby declared legal
and binding upon such on the subordinate or affiliate
corporation to the same extent as if such deeds, mortgages,
contracts and other legal documents they had been executed in
the old name of such the subordinate or affiliate religious
corporation as it existed prior to such consolidation or merger.
Subd. 2. [AFFIDAVIT.] Any A member of such the subordinate
or affiliate religious corporation may file with the county
recorder of the county in which where it is located and also
where it may own owns property an affidavit setting out
stating (1) its corporate name and book and page where recorded,
(2) the names of the consolidating or merging church
conferences, (3) the name of the consolidated or merged church
conference, (4) its name as used following such the
consolidation or merger, including the name of the consolidated
or merged church conference, or part thereof of it, (5)
that such the affidavit is made pursuant to this section, and
(6) the text of subdivision 1.
ARTICLE 6
Section 1. Minnesota Statutes 1984, chapter 344, is
amended to read:
344.01 [FENCE VIEWERS.]
Supervisors in their respective towns, aldermen of cities
city council members in their respective wards, the commissioner
commissioners of public works in cities having a commission form
of government, and statutory city trustees in their respective
statutory cities shall be are fence viewers.
344.011 [EXEMPTION.]
A town board may, by resolution, exempt adjoining owners or
occupants from this chapter when the their land of the adjoining
owners or occupants considered together is less than 20 acres.
344.02 [LEGAL FENCE; REQUISITES; VIEWERS OF KINDS OF
PARTITION FENCES.]
Subdivision 1. [LEGAL AND SUFFICIENT FENCES.] All The
following are legal and sufficient fences:
(a) fences consisting of not less than at least 32-inch
woven wire and two barbed wires firmly fastened to well-set
posts not more than one rod apart, the first barbed wire being
above and not more than four inches from the woven wire and the
second barbed wire being above and not more than eight inches
from the first wire; all
(b) fences consisting of not less than at least 40-inch
woven wire and one barbed wire firmly fastened to well-set posts
not more than one rod apart, the barbed wire being above and not
more than four inches from the woven wire; all
(c) fences consisting of woven wire not less than at least
48 inches in height, and one barbed wire not more than four
inches above the woven wire firmly fastened to well-set posts
not more than one rod apart; all
(d) fences consisting of not less than at least four barbed
wires with at least 40 barbs to the rod, the wires to be firmly
fastened to posts not more than one rod apart, the top wire to
be not more than 48 inches high and the bottom wire not less
than 12, nor more than to 16, inches from the ground; and all
(e) fences consisting of rails, timbers, wires, boards,
stone walls, or any combination thereof of those materials, or
streams, lakes, ditches, or hedges, which shall be are
considered by the fence viewers as equivalent to any of the
fences herein described, shall be deemed legal and sufficient
fences listed in this subdivision. In all cases where
Subd. 2. [DETERMINATION OF KIND OF FENCE.] If adjoining
land owners disagree as to the kind of fence to be built on any
division line, the matter shall must be referred to the fence
viewers, who shall determine what kind of fence shall should be
built on such the line and shall order the fence it built
according to law. When
Subd. 3. [SPECIAL CASE.] If the lands of two persons
adjoin, and the land of one of such persons is enclosed by a
woven wire fence on all sides, except the side forming a
division line between such the lands, by a woven wire fence,
then and in such case, each of such persons person shall erect
and maintain a fence of like character and quality along such
division line for a distance of one-half of the total length
thereof and thereafter maintain the same in equal shares of the
division line. The fences must be similar in character and
quality.
344.03 [EXPENSE; EQUAL SHARES.]
Subdivision 1. [ADJOINING OWNERS.] The If all or a part of
adjoining owners or occupants of lands in this state when
the Minnesota land of one or both of the owners is, in whole or
in part, improved and used, and one or both of the owners of the
land desires his or their the land to be, in whole partly or
in part, totally fenced, the land owners or occupants shall
build and maintain the a partition fence between their lands in
equal shares.
Subd. 2. [APPLICATION TO STATE; APPROPRIATION.] The
provisions of subdivision 1 shall apply This section applies to
the state of Minnesota with respect to all land adjoining the
Memorial Hardwood State Forest as defined in section 89.021,
subdivision 33. There is hereby annually appropriated from the
appropriation made to the commissioner of administration for the
commissioner of natural resources from the Memorial Hardwood
Forest account of the Natural Resources fund, an the amount
sufficient to assume necessary for the state's share of
partition fences as provided in subdivision 1 under this section.
344.04 [NEGLECT FAILURE TO BUILD OR REPAIR; RIGHTS OF
COMPLAINANT.]
In case any If a person neglects fails to build, repair, or
rebuild any a partition fence which of right he ought the person
is required to build or maintain, the aggrieved affected party
may complain to the fence viewers who, after. The fence viewers
shall give notice to the parties, shall and examine such the
fence or look into the need of such for a proposed fence;
and,. If they determine that the an existing fence then
existing is insufficient or a new fence is necessary, they shall
notify the delinquent owner or occupant, in writing, to that
effect and direct him or them order the owner or occupant to
build, repair, or rebuild the fence within such time as they
deem a reasonable, and time. If the delinquent fails to comply
with such directions the order, the complainant may build,
repair, or rebuild such the fence at his own expense subject to
and obtain reimbursement as hereinafter provided pursuant to
section 344.05.
344.05 [REPAIR COSTS RECOVERABLE.]
When any such new or deficient fence built, repaired, or
rebuilt by the complainant under the provisions of section
344.04 is adjudged sufficient by the fence viewers If a
complainant builds, repairs, or rebuilds a fence according to
section 344.04 and the fence viewers consider it sufficient,
they, after giving shall give the occupants reasonable notice
and an opportunity to be heard, shall ascertain determine the
expense thereof cost of the fence or repair, and give to the
complainant building, repairing, or rebuilding the same who
built, repaired, or rebuilt the fence a signed certificate of
their decision, under their hands, and of the amount cost of
such expense, together with their the fence or repair and the
viewers' fees; and thereupon such. The complainant may demand,
either of the owner or the occupant of the adjoining land where
the fence was wanting or deficient, the viewers' fees and double
such the amount of the ascertained expense, together with such
fees; and, in case of failure to. If the owner or occupant does
not pay the sum so due that amount within one month after
demand, the complainant may recover the same amount, with
interest, in a civil action.
344.06 [CONTROVERSY; DECISION AND DIRECTION BY FENCE
VIEWERS.]
If a controversy arises in regard to concerning the rights
in partition fences of the respective occupants, or their
obligation to maintain the same fences, either party may apply
to the fence viewers, who, after due notice to the parties, may
assign to each his a share in such the fence and direct the time
within which the same shall fence must be erected or repaired.
The assignment may be filed for record with the county recorder,
and thereupon shall be after which it is binding upon the
parties and upon all succeeding occupants of the lands.
344.07 [FAILURE TO ERECT OR MAINTAIN; PRIVILEGE OF
COMPLAINANT.]
In case any If a party fails to erect or maintain the part
of any a fence so assigned to him under section 344.06, the
aggrieved party may erect and maintain the same fence, and shall
be entitled to double the value thereof, to be cost of the
construction and maintenance as ascertained and recovered as
provided in section 344.05 in the case of repairs.
344.08 [RECORDED DIVISION OF FENCES; RECORD; BINDING ON
HEIRS AND ASSIGNS.]
All divisions of fences which are made by fence viewers
under this chapter, or which shall be are made by owners of
adjoining lands, in writing, witnessed by two witnesses, signed
and acknowledged by the parties, and filed for record with the
county recorder, shall be are valid against the parties thereto
to the divisions and their heirs and assigns.
344.09 [PARTY ERECTING MORE THAN SHARE.]
When, in any If there is a controversy between occupants of
adjoining lands as to their respective rights in any partition
fence, it shall appear to and the fence viewers decide that
either of the occupants occupant has voluntarily erected, or
otherwise become the proprietor of more than his that occupant's
just share of such the fence, before a complaint was made, the
other occupant shall pay for so much thereof as may be the share
of the fence assigned to him or her to repair and maintain,.
The value of which shall the fence must be ascertained and
recovered in the manner in this chapter provided pursuant to
section 344.05.
344.10 [LANDS BOUNDED BY STREAM.]
When If lands of different persons which are required
to must be fenced and are bounded upon or divided by a stream or
pond, which, in the judgment of the fence viewers, is not in
itself a sufficient fence, and if the viewers determine that it
is in their opinion impracticable, without unreasonable expense,
for a partition fence to be made on such the waters in the place
where at the true boundary line is, and if the occupant on
either side refuses or neglects fails to join with the occupant
on the other side in making a partition fence on one side or the
other, or if such occupants disagree respecting the same, then
the fence viewers, on application of either party, shall
forthwith view such the stream or pond, and, after giving due
notice to the parties, shall determine, in writing, on which
side thereof of the stream or pond the fence shall must be
erected and maintained, or whether partly on one side and partly
on the other. If either party fails to build or maintain his
the assigned part of such the fence according to such the
viewers' determination, it may be built and maintained by the
other party may build and maintain the fence, and the delinquent
party shall be subject to all must pay the charges and costs as
provided for in other cases in this chapter provided, to be
recovered in like manner.
344.11 [LANDS OCCUPIED IN COMMON.]
When If one of the occupants of enclosed lands belonging to
different persons in severalty, which have been occupied by them
in common without a partition fence, desires to occupy his or
her part in severalty, and the other party refuses or neglects
fails to divide the land with him or to build a fence on his
part of the land when it has been divided, the party desiring it
may have the same land divided and assigned by the fence viewers
in the manner provided in this chapter.
344.12 [VIEWERS TO FIX TIME FOR BUILDING.]
Upon such division and assignment being made, the If fence
viewers have divided land and assigned fence responsibilities,
they may in writing under their hands assign set in writing a
reasonable time for building the fence, having regard to the
season of the year; and,. If either party fails to build his
part thereof of the fence within the time so assigned, the other
party may, after completing his own part thereof of the fence,
build the other part, and recover therefor the viewers' fees and
double the expense thereof, together with the fees of the fence
viewers, to be ascertained as provided in cost of building the
other part, as determined pursuant to this chapter.
344.13 [RULE WHEN LANDS ARE FIRST ENCLOSED.]
When unenclosed lands are afterwards enclosed, the owner or
occupant thereof of the lands shall pay one-half of the value of
each partition fence extending upon the line between his that
person's land and the enclosure of any other owner or occupant.
In case If the parties do not agree, such the value
shall must be ascertained by the fence viewers and stated, in
writing under their hands; and,. If such an owner or occupant
fails to make such payment pay within 60 days after the value is
so ascertained and a demand made, the owner of such the fence
may recover such the value and the cost of ascertaining the same
it in a civil action.
344.14 [VIEWERS WHEN FENCE ON TOWN LINE.]
Where If a partition fence is to be built on a line between
towns, or partly in one town and partly in another, a supervisor
taken two supervisors, one from each town, shall be the fence
viewers thereof.
344.16 [DIVISION OR RECORDED AGREEMENT RUNS WITH THE LAND.]
Where If the line upon which a partition fence is to be
built between unimproved lands has been divided by the fence
viewers, or by the recorded agreement of the parties, the
several owners thereof landowners, and their heirs and assigns
forever, shall erect and maintain such fences agreeably to such
in accordance with the divisions.
344.17 [NEGLECT FAILURE OF VIEWER TO PERFORM DUTY;
PENALTY.]
Any A fence viewer who shall unreasonably neglect fails
to perform any a duty required by this chapter shall forfeit $5
to the town or city and be liable to the injured party injured
for all resulting damages consequent upon such neglect.
344.18 [COMPENSATION OF VIEWERS.]
Fence viewers shall must be paid for their services by the
person employing them at the rate of $15 each for each day's
employment and the sum of. $60 shall must be deposited with the
town or city treasurer before the service is performed. Upon
completion of the service, any portion of the $60 not expended
for compensation of spent to compensate the fence viewers shall
must be returned to the depositor.
344.19 [VIEWERS IN COUNTIES NOT ORGANIZED INTO TOWNS.]
In counties not organized into towns, the county
commissioners shall be are fence viewers and be are governed
by the provisions of this chapter, except that county
commissioners shall not receive the per diem provided in section
344.18 but may be paid a per diem pursuant to section 375.055,
subdivision 1, and in addition thereto their necessary expenses,
including mileage in accordance with section 471.665.
344.20 [TOWN OPTION.]
If eight or more freeholders in a town petition the town
board for a vote on a partition fence policy, the town board of
a town may adopt its own policy and procedures for dealing with
partition fences, including enforcement procedures,. The policy
must be approved by the electors of the town at an annual or
special town meeting, in which case this chapter does not apply
in that town.
The town board may adopt a partition fence policy for a
town only after eight or more freeholders in the town have
petitioned the town board for a vote on the adoption of a policy
and the policy is approved by the electors of the town at an
annual or special town meeting.
This chapter applies to any partition fence lying on the
boundary between a town which has adopted its own partition
fence policy and any other political subdivision unless the
other political subdivision is a town which has adopted a
similar policy.
ARTICLE 7
Section 1. Minnesota Statutes 1984, chapter 390, is
amended to read:
390.005 [ELECTION OR APPOINTMENT, QUALIFICATIONS; VESTED
RIGHTS; VACANCIES.]
Subdivision 1. [COUNTY ELECTION.] A coroner shall be
elected in each county as prescribed by section 382.01, except
as hereinafter provided in this section.
Subd. 2. [APPOINTMENT BY RESOLUTION.] In any a county in
which where the office of coroner has not been abolished, the
board of county commissioners may by resolution duly adopted at
least six months before the end of the term of the office of
coroner declare state its intention to fill the office by
appointment. The resolution must be adopted at least six months
before the end of the term of the incumbent coroner. Having
adopted such a After the resolution is adopted, the board of
county commissioners shall fill the office of coroner by
appointing a person to the office not less than 30 days before
the end of the incumbent's term of office of the
incumbent. When so appointed, The appointed coroner shall serve
for such a term of office as may be determined by the board of
county commissioners commencing beginning upon the expiration of
the term of the incumbent but. The term must not to exceed be
longer than four years.
Subd. 2a. [VACANCY; CORONER'S OFFICE.] Notwithstanding
subdivision 2, when If there is a vacancy in the office of
coroner in any the county in which the office has not been
abolished, the board of county commissioners may by resolution
declare, state its intention to fill the office by appointment.
Upon adoption of When the resolution is adopted, the board shall
fill the office by appointment immediately. The coroner shall
serve for a term as determined by the board but not to exceed.
The term must not be longer than four years.
Subd. 3. [EDUCATIONAL REQUIREMENTS.] A coroner shall be a
person who has, in the course of his education or professional
training must have successfully completed academic courses in
the subjects of pharmacology, surgery, pathology, toxicology,
and physiology; provided,. However, that if a board of county
commissioners determines that the office of coroner shall not be
an elective office as hereinbefore provided that if the board of
county commissioners is unable to find and it cannot appoint any
person meeting the foregoing educational qualifications who is
willing to accept appointment as coroner, the board of county
commissioners may appoint as coroner any qualified person, as
defined herein, whether a resident of the county or not.
Subd. 4. [TERM OF OFFICE CERTAIN INCUMBENTS.] The coroner
of any county holding office on July 1, 1965, is confirmed and
shall continue in office. Each such coroner shall serve for the
balance of his present term and until his successor is elected
and qualified. Each An incumbent coroner in office on such date
is deemed to meet July 1, 1965 meets the qualifications
prescribed by this section for the purpose of his continuance
in, reelection to, or appointment to office.
Subd. 5. [VACANCIES.] Vacancies in the office of coroner
shall be filled in conformity with the provisions of according
to sections 375.08 and 382.02. A coroner may continue to be
removed from office as now or hereafter provided by law.
390.006 [HENNEPIN COUNTY, APPLICATION.]
None of the provisions of Minnesota Statutes, chapter 390,
shall This chapter does not apply to the office of county
medical examiner of Hennepin county, as established pursuant to
under Laws 1963, chapter 848.
390.01 [BOND.]
Before entering upon the duties of his taking office, the
coroner shall give post bond to the state in such a penal sum
set by the county board, not less than $500 nor more than
$10,000, as the county board directs and approves, with. The
coroner's bond is subject to the same conditions in substance as
in the bond required by law to be given by the sheriff, except
as to the description of the office, which. The bond, with
his and oath of office, shall be filed for record with the
county recorder.
390.04 [TO ACT WHEN SHERIFF A PARTY TO AN ACTION.]
When the sheriff is a party to an action, or when any a
party, his or a party's agent or attorney, makes and files with
the clerk of the district court an affidavit stating that he the
party believes the sheriff, by reason either because of
partiality, prejudice, consanguinity, or interest, will not
faithfully perform his the sheriff's duties in any an action
commenced, or about to be commenced, the clerk shall direct all
process in such the action to the coroner, who. The coroner
shall thereafter perform all the duties of the sheriff relative
to such the action, and in the same manner as
prescribed required for a sheriff in the performance of similar
duties.
390.05 [DEPUTIES.]
Every A coroner shall appoint one or more deputies who, in
the absence or inability of. When the coroner is absent or
unable to act, shall deputies have the same powers and be are
subject to the same liabilities as coroners. Each A deputy
shall be appointed in writing; and, if required to do so by the
coroner, before entering upon the duties of his office, shall
give. The coroner may require the deputy to post bond required
by law of the coroner, which before taking office. The bond,
with his oath, and appointment, shall be filed for record with
the county recorder. Each The deputy shall act in his or her
own name as deputy coroner and hold his office during at the
pleasure of same time as the coroner.
390.06 [PUBLIC MORGUE.]
In every county having with a population of 100,000 or
over, not provided therewith, the board shall provide and equip
a public morgue at the county seat, for the receipt and proper
disposition. The morgue's purpose is to receive and dispose,
without charge to any one, of all dead bodies which are by law
subject to a post mortem or coroner's inquest, without charge to
any one. The cost of building and equipping such the morgue
shall must not exceed the sum of $2,500, nor and its
maintenance the sum of must not exceed $3,000 in any a year.
390.07 [MORGUE MAINTENANCE.]
Such The morgue shall must be under the control of the
county board, and be maintained in a suitable building separate
from any other business, and. It must be equipped with the best
modern approved appliances for the handling and disposition to
handle and dispose of dead bodies. It shall must not be
connected in any manner with any undertaking establishment,
and. No person shall be employed in or about the same the
morgue who is in any manner connected with or interested in the
undertaking business.
390.11 [INVESTIGATIONS AND INQUESTS.]
Subdivision 1. [DEATHS REQUIRING INQUESTS AND
INVESTIGATIONS.] The coroner shall investigate and may conduct
inquests in all human deaths of the following types:
(1) violent deaths, whether apparently homicidal, suicidal,
or accidental, including but not limited to deaths due to
thermal, chemical, electrical, or radiational injury, and deaths
due to criminal abortion, whether apparently self induced or not;
(2) deaths under unusual or mysterious circumstances;
(3) deaths of persons whose bodies are to be cremated,
dissected, buried at sea, or otherwise disposed of so as to be
thereafter that the bodies will later be unavailable for
examination; and
(4) deaths of inmates of public institutions who are not
hospitalized therein for organic disease and whose deaths are
not of any type referred to in clauses clause (1) or (2).
Subd. 2. [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The
coroner may conduct an autopsy in the case of any human death of
any type referred to in subdivision 1, clauses clause (1) or
(2), when in the judgment of the coroner judges that the public
interest requires an autopsy.
Subd. 3. [OTHER DEATHS; AUTOPSIES; EXHUMATION; CONSENT.]
In addition The coroner may conduct an autopsy in the case of
any human death of any type referred to in subdivision 1,
clauses clause (3) or (4), or may exhume any human body and
perform an autopsy thereon on it in the case of any human death
of any type referred to in subdivision 1 when in the judgment of
the coroner judges that the public interest requires an autopsy;
provided that. No such autopsy shall be conducted unless the
surviving spouse, or next of kin if there be is no surviving
spouse, consents thereto to it, or unless the district court of
the county wherein where the body is located or buried shall,
upon such notice as the court directs, enter its enters an order
authorizing an autopsy or an exhumation and autopsy.
Application for such an order may be made by the coroner or by
the county attorney of the county wherein where the body is
located or buried, upon such a showing as that the court deems
appropriate.
Subd. 4. [ASSISTANCE OF MEDICAL SPECIALISTS.] If during
any such an investigation and in the opinion of the coroner
believes the assistance of pathologists, toxicologists, deputy
coroners, laboratory technicians, or other medical experts are
is necessary to determine the cause of death, the coroner
shall secure obtain their assistance.
Subd. 5. [INQUEST.] The record and report of the inquest
proceedings and the report thereof may not be used in evidence
in any civil action arising out of the death for which such an
inquest was ordered. Before any an inquest is held, the coroner
shall notify the county attorney to appear and conduct the
examination of examine witnesses at such the inquest.
Subd. 6. [RECORDS.] The coroner shall keep properly
indexed records giving the name, if known, of every person whose
death is investigated, the place where the body was found, the
date, cause, and manner of death, and all other relevant
information concerning the death.
Subd. 7. [REPORTS.] All Deaths of the types described in
this section shall must be promptly reported for investigation
to the coroner by the law enforcement officer, attending
physician, mortician, person in charge of the public
institutions referred to in subdivision 1, or other
person having with knowledge thereof of the death.
Subd. 8. [CORONER IN CHARGE OF BODY.] Upon notification of
such a death subject to this section, the coroner or his deputy
shall proceed to the body, take charge of the same it, and, when
necessary, order that there be no interference with the body or
the scene of death.
Subd. 9. [CRIMINAL ACT REPORT.] Whenever in his
opinion When the coroner or deputy believes that the death may
have resulted from a criminal act, he or she shall deliver a
signed copy of his the report of investigation or inquest to the
county attorney.
Subd. 10. [SUDDEN INFANT DEATH.] If a child under the age
of two years dies suddenly and unexpectedly under circumstances
indicating that the death may have been caused by sudden infant
death syndrome, the coroner, medical examiner, or personal
physician shall notify the child's parents or guardian that an
autopsy is essential to establish the cause of death as sudden
infant death syndrome. If an autopsy reveals that sudden infant
death syndrome is the cause of death, that fact must be stated
in the autopsy report. The parents or guardian of the child
shall be promptly notified of the cause of death and of the
availability of counseling services.
390.111 [EXPENSES.]
The county board of the county may allow the reasonable and
necessary expenses of the coroner or his deputies, incurred for
telephone tolls, telegrams, or postage, the cost of transcribing
the testimony taken at an inquest, and other expenses incurred
pursuant to the provisions of solely for the officers' official
business under this chapter, including without limiting the
generality of the foregoing the cost of transcribing the
testimony taken at any inquest, solely for the official business
of such officers.
390.15 [WITNESSES; FEES.]
The coroner may issue subpoenas for witnesses, returnable
immediately or at a specified time and place. The persons
served with the subpoenas shall be allowed the fees, the coroner
shall enforce their attendance shall be enforced in the manner
by the coroner, and they shall be subject to the penalties as
provided by statute or the rules of criminal procedure.
390.16 [OATH OF WITNESSES.]
The following oath shall be administered to the witnesses
by the coroner: "You Do you solemnly swear that the evidence
you shall give to this inquest concerning the death of the
person lying before you dead shall be the whole truth and
nothing but the truth:, so help you God.?"
390.17 [TESTIMONY; FILING.]
The testimony of all witnesses a witness examined at an
inquest shall must be reduced to put in writing by the coroner
or under his the coroner's direction and be subscribed signed by
the witnesses respectively witness. The coroner shall forthwith
then file such the testimony, together with a record of all
proceedings had before him, in the office of the clerk of the
district court of the county.
390.19 [WITNESS BOUND OVER; RETURN.]
If the coroner finds that any murder, manslaughter, or
assault has been committed, he the coroner shall bind hold over
by recognizance such any witnesses as he shall think the coroner
thinks proper to appear and testify at the next term of the
district court at which indictment for such the offense can be
found. He The coroner shall return to the same court the
inquisition, written evidence, and all recognizances and
examinations by him taken, and may commit to the county jail of
the county any witnesses witness who refuse refuses to
recognize in such manner, as he shall direct the coroner directs.
390.20 [PERSON CHARGED ARRESTED.]
If any person charged by the inquest with having committed
the offense is not in custody, the coroner shall have the same
power as a county or municipal judge to issue process for his
the person's apprehension. The warrant shall be made returnable
before any court having jurisdiction in the case and the court
shall proceed in the same manner as in similar cases.
390.21 [BURIAL.]
When any a coroner holds an inquest upon view of the dead
body of any person unknown, or, being called for that purpose,
shall does not think it necessary, on view of such the body,
that any an inquest be held, he the coroner shall cause have
the body to be decently buried; and. All expenses of the
inquisition and burial shall be paid by the county in which such
where the dead body is found.
390.221 [BODIES; EFFECTS; CUSTODY.]
It is unlawful for any A person, in any manner, to may not
remove, interfere with, or handle the body or the effects of any
person subject to an investigation by the county coroner or
medical examiner except upon order of the coroner or medical
examiner or his deputy. The coroner or medical examiner shall
receive, take charge of, and safely keep the effects found on
the body of a deceased person and dispose of them as the probate
court directs by written order. If a crime in connection with
the death of a deceased person is suspected, the coroner or
medical examiner may prevent any person from going into or on
entering the premises or, rooms, or buildings, and shall have
the custody of any objects that he or she deems to be of
material evidence in the case. A willful violation of this
section is a misdemeanor.
390.23 [CERTIFICATES OF DEATH.]
It shall be unlawful for any No person, other than the
county coroner, medical examiner, or judge of probate to, shall
issue a certificate of death in any of the following cases: of
violent or mysterious deaths, including suspected homicides,
occurring in his the county, and any willful violation of any of
the provisions of section 390.221 is a misdemeanor.
390.24 [EXPENSES.]
The county board of any such county may allow the
reasonable and necessary expenses of any such the coroner or his
deputies, incurred for telephone tolls, telegrams, or postage,
the cost of transcribing the testimony taken at an inquest, and
other expenses incurred solely for the officers' official
business of such officers under this chapter.
390.25 [FINGERPRINTING OF UNIDENTIFIED DECEASED PERSON.]
Each coroner shall cause to be have fingerprinted all
deceased persons in his the county whose identity is not
immediately established. Within 24 hours thereafter after the
body is found, the coroner shall forward to the bureau of
criminal apprehension such the fingerprints, fingerprint
records, and other identification data. The superintendent of
the bureau of criminal apprehension shall prescribe the form of
these reports.
These The duties are in addition to those imposed on the
coroner by section 525.393.
390.26 [REPEALER, EXTENT.]
All acts or parts of acts laws inconsistent with the
provisions of Laws 1965, chapter 761, sections 1 to 5, are
repealed and superseded by the provisions hereof but only to the
extent of such inconsistencies this chapter. All acts or parts
of acts laws pertaining to the salaries, fees, and expenses of
coroners and their deputies and other employees or to the
establishment and maintenance of morgues and not inconsistent
consistent with the provisions of Laws 1965, chapter 761,
sections 1 to 5, shall continue to remain in force and effect.
390.31 [SIMPLIFIED INVESTIGATIONS OF DEATH.]
Subdivision 1. [PURPOSE.] It is the purpose of Sections
390.31 to 390.35 to provide a simplified system for the
investigation of the death of any person when the county
attorney determines that such an investigation is necessary and
to provide for professional assistance to those making such the
investigation. To this end It is declared to be in the public
interest for medical doctors to conduct the medical
investigations deemed necessary, under the supervision of the
county attorney and, if a trial proceeding is deemed necessary,
that it be held in a court of record.
Subd. 2. [JURY FEES.] Each juror sworn in any an action
pending before any a sheriff on a writ of inquiry, shall receive
$3, to be paid, in the first instance in all civil actions, by
the party calling for the jurors.
Subd. 3. [DISQUALIFICATION OF SHERIFF.] When the sheriff
is a party to an action, or when any party, his or the party's
agent or attorney, makes and files with the clerk of the
district court an affidavit stating that he the party believes
the sheriff, by reason either because of partiality, prejudice,
consanguinity, or interest, will not faithfully perform his the
sheriff's duties in any an action commenced, or about to be
commenced, the clerk shall direct all process in such the action
to the county attorney, who. The attorney shall thereafter
perform all the duties of the sheriff relative to such the
action, and in the same manner as prescribed required for a
sheriff in the performance of similar duties.
390.32 [AUTHORITY TO CONDUCT PROCEEDINGS.]
Subdivision 1. [DEATHS REQUIRING INVESTIGATIONS AND
INQUESTS.] The sheriff shall investigate and may recommend to
the medical examiner and the county attorney the conduct of
inquests and autopsies in all human deaths of the following
types:
(1) violent deaths, whether apparently homicidal, suicidal,
or accidental, including but not limited to deaths due to
thermal, chemical, electrical, or radiational injury, and deaths
due to criminal abortion, whether apparently self induced or not;
(2) deaths under unusual or mysterious circumstances;
(3) deaths of persons whose bodies are to be cremated,
dissected, buried at sea, or otherwise disposed of so as to be
thereafter that the bodies will later be unavailable for
examination; and
(4) deaths of inmates of public institutions who are not
hospitalized therein for organic disease and whose deaths are
not of any type referred to in clauses clause (1) or (2).
The sheriff shall report all such deaths to the medical
examiner and the county attorney.
Subd. 2. [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The
medical examiner may conduct an autopsy in the case of any human
death of any type referred to in subdivision 1, clauses
clause (1) or (2), when in the judgment of the medical examiner
the public interest requires an autopsy.
Subd. 3. [OTHER DEATHS; AUTOPSIES; EXHUMATION CONSENT.] In
addition The medical examiner may conduct an autopsy in the case
of any human death of any type referred to in subdivision 1,
clauses clause (3) or (4), or may exhume any human body and
perform an autopsy thereon in the case of any human death of any
type referred to in subdivision 1 when in the judgment of the
medical examiner the public interest requires an autopsy;
provided that. No such autopsy shall be conducted unless the
surviving spouse, or next of kin if there be is no surviving
spouse, consents thereto, or unless the district court of the
county wherein where the body is located or buried shall,
upon such notice as the court directs, enter enters its order
authorizing an autopsy or an exhumation and autopsy.
Application for such an order may be made by the medical
examiner or by the county attorney of the county wherein where
the body is located or buried, upon such a showing as that the
court deems appropriate.
Subd. 4. [ASSISTANCE OF MEDICAL SPECIALISTS.] Should If
the medical examiner deem finds it advisable to engage the
services of medical specialists, including but not limited to
pathologists and toxicologists, he the medical examiner shall
apply to the probate judge, and upon for authorization. If the
medical examiner shows reasonable cause being shown therefor,
the probate judge shall authorize the medical examiner to engage
such medical specialists and provide for the payment of their
fees and expenses, such. The costs to of the services shall be
paid by the county treasurer upon receipt of a
certificate thereof from the probate judge.
Subd. 5. [RECORDS OF INVESTIGATION.] The sheriff shall
keep properly indexed records giving the name, if known, of
every person whose death is investigated, the place where the
body was found, the date, cause, and manner of death, and all
other relevant information concerning the death.
Subd. 6. [REPORT OF DEATHS.] All Deaths of the types
described in this section shall must be promptly reported for
investigation to the sheriff by the attending physician,
mortician, person in charge of the public institutions referred
to in subdivision 1, or other person having knowledge thereof of
the death.
Subd. 7. [CUSTODY OF BODY.] Upon notification of such a
death subject to this section, the sheriff or his deputy shall
proceed to the body, take charge of the same it, and, when
necessary, order that there be no interference with the body or
the scene of death.
Subd. 8. [REPORT OF INVESTIGATION.] The sheriff shall
deliver a signed copy of his the report of investigation to the
county attorney and the medical examiner.
Subd. 9. [INQUEST PROCEDURE.] Should If the county
attorney elect elects to conduct an inquest, he the county
attorney shall promptly notify the probate judge of the
necessity need for an inquest and to make all arrangements
therefor for it. At such the inquest, the probate judge shall
preside and the county attorney shall conduct the inquest on
behalf of the state. Upon conclusion of the inquest, the
probate judge shall find the cause of death and sign and file a
death certificate. The probate judge, upon application of the
county attorney, may issue subpoenas for witnesses in the manner
provided by Minnesota Statutes 1969, section 390.15, and the
probate judge shall administer the oath to them in the manner
provided by Minnesota Statutes 1969, section 390.16.
Subd. 10. [NO INQUEST CONDUCTED.] Should If the county
attorney elect elects not to conduct an inquest, he the county
attorney shall so inform the medical examiner who
shall thereupon find the cause of death and sign and file a
death certificate.
390.33 [APPOINTMENT OF MEDICAL EXAMINER; MANNER OF
CONDUCTING PROCEEDINGS.]
Subdivision 1. [MEDICAL EXAMINER APPOINTMENT.] The A
county board of any county shall appoint a as permanent county
medical examiner who shall be a doctor of medicine or osteopathy
licensed to practice pursuant to chapter 147, or similar laws in
any other state. Such A county medical examiner shall perform
all the duties imposed upon medical examiners by sections 390.31
to 390.35 and shall serve at the pleasure of the county board.
The county board shall pay such the medical examiner a salary to
be determined by the board and shall provide for the payment
of such the medical examiner's expenses incurred in the
performance of his duties.
Subd. 2. [SUBPOENA POWER.] The probate judge may issue
subpoenas for witnesses, returnable forthwith immediately or at
a time and place as the judge directs. The persons served with
subpoenas shall be allowed the same fees, the sheriff shall
enforce their attendance shall be enforced in the same manner by
the sheriff, and they shall be subject to the same penalties as
if they had been served with a subpoena in behalf of the state
in a criminal case before a county or municipal judge.
Subd. 3. [OATH.] The following oath shall be administered
to the witnesses by the probate judge: "You Do you solemnly
swear that the evidence you shall give to this inquest
concerning the death under investigation shall be the whole
truth and nothing but the truth:, so help you God.?"
Subd. 4. [PROCEEDING RECORDS.] The testimony of the
inquest and all records of the proceedings had before the
probate judge shall must be kept and maintained as a permanent
record of the probate court. The record, or any portion
thereof, shall of it must be transcribed upon order of the
probate court and shall be transcribed or upon the request of
any witness who shall tender to pay the county treasurer the
cost of such the transcript or portion thereof as of it
determined by the probate judge. The record of the inquest
proceedings and the report thereof may not be used in evidence
in any a civil action arising out of the death for which such
the inquest was ordered.
Subd. 5. [WITNESSES.] If the probate judge finds that any
murder, manslaughter, or assault has been committed, he the
judge shall bind hold over by recognizance such any
witnesses as he shall think the judge thinks proper to appear
and testify at the next term of the district court at which
indictment for such the offense can be found. He The judge
shall return to the same court the inquisition, written
evidence, and all recognizances and examinations by him taken,
and may commit to the county jail of the county any witnesses
witness who refuse refuses to recognize in such manner, as he
shall direct the judge directs.
Subd. 6. [WARRANTS.] If any a person charged by the
inquest with as having committed the offense is not in custody,
the judge has the power to may issue process for his
apprehension of the person. The warrant shall must be made
returnable before any court having jurisdiction in the case.
The court shall proceed in the same manner as in similar cases.
Subd. 8. [FINGERPRINTS; IDENTIFICATION DATA.] Each sheriff
shall cause to be have fingerprinted all deceased persons in his
the county whose identity is not immediately established.
Within 24 hours thereafter, the sheriff shall forward to the
bureau of criminal apprehension such the fingerprints,
fingerprint records, and other identification data to the bureau
of criminal apprehension. The superintendent of the bureau of
criminal apprehension shall prescribe the form of these reports.
Subd. 9. [CORONER DUTIES TRANSFER TO MEDICAL EXAMINER.]
Any duty of the coroner imposed by law prior to May 18, 1971,
and not transferred by sections 390.31 to 390.35 or some other
provision of law, is transferred to the medical examiner of the
county in which such the coroner was elected or appointed.
390.34 [QUALIFIED COUNTY CORONER; APPLICATION OF SECTIONS
390.31 TO 390.35.]
Sections 390.31 to 390.35 shall do not apply in any a
county in which there is a person whom the county board deems
qualified who will agree to seek election to the office of
coroner or, in a county where the coroner is appointed, a person
who will accept appointment to such office in counties where the
coroner is appointed. In no case shall Sections 390.31 to
390.35 be are not effective as to in any county until they have
been approved by the its county board of such county.
390.35 [ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.]
Sections 390.31 to 390.35 apply only to those counties in
which the county board elects to be bound by its provisions them
in lieu of any other law relating to coroners. In any a county
in which sections 390.31 to 390.35 apply, the county board may
by resolution resume death investigations under sections 390.005
to 390.26. The board shall then fill the office of coroner as
provided by section 390.005.
ARTICLE 8
Section 1. Minnesota Statutes 1984, chapter 458, is
amended to read:
PORT AUTHORITIES; WATER TRANSPORTATION FACILITIES;
PORT AUTHORITIES
TRANSPORTATION TERMINALS TRANSPORT FACILITIES
IN CITIES OF 4,000 TO 50,000
458.02 [FREIGHT AND PASSENGER TRANSPORTATION TERMINALS
POWER TO GET LAND FOR TRANSPORT FACILITIES; USE.]
Subdivision 1. [MAY GET, HOLD.] Any A city in this state
now or hereafter having with a population of not less than from
4,000, and not more than to 50,000, shall have the power to may
acquire and hold in fee simple, land on a navigable stream in
the city by purchase or condemnation, land for the establishment
of docks, quays, levees, wharves, landing places, railroad and
other land transportation loading and unloading places, land and
water freight and passenger stations, terminals and terminal
buildings for any and all kinds of carriers and necessary
equipment and appurtenances on any navigable stream within the
limits of such city and may hold it.
Subd. 2. [USE.] The city may set aside such portions of
the land when acquired, as the much of the land as public needs
may require, for use require for public travel and shall
devote. The remainder thereof to the uses herein provided, or
if required by the United States government must be used as
required by the federal government or for docks, quays, levees,
wharves, landing places, railroad and other land transportation
loading and unloading places, land and water freight and
passenger stations, terminals and terminal buildings for
carriers, and necessary equipment and appurtenances.
458.03 [CONSTRUCTION OF DOCKS; CHARGES POWER TO BUILD
FACILITIES, CHARGE FEES FOR USE.]
Subdivision 1. [CONSTRUCTION.] Such cities shall have the
power to A city described in section 458.02 may construct,
erect, and maintain on any such land so acquired under that
section, docks, quays, levees, wharves, landing places,
railroad, and other transportation loading and unloading places,
and water freight and passenger stations, terminals and terminal
buildings for any and all kinds of carriers, and necessary
equipment and appurtenances; and such city shall have the power
and is hereby authorized to charge a.
Subd. 2. [FEES.] The city council may set reasonable price
fees for the use of such docks, quays, levees, wharves, and
landing places, railroad and other land transportation loading
and unloading places, land and water freight and passenger
stations, terminals and terminal buildings for any and all kinds
of carriers the facilities and necessary equipment and
appurtenances, such reasonable price to be determined and fixed
by the council or governing body of such city, and the making of
such charge shall in no way be held to impair, affect or
invalidate such bonds described in section 458.02.
PORT AUTHORITIES IN CITIES OF FIRST CLASS
458.09 [PORT AUTHORITY COMMISSION, APPLICATION TO TRAITS OF
SEAWAY AND OTHER PORT AUTHORITIES.]
Subdivision 1. [HAS PORT SAINT PAUL, DULUTH.] A commission
to be known as "Port Authority of ................" is hereby
established in and for every city of the first class situated
upon, or adjacent to, or embracing within its boundaries, in
whole or in part, a port or harbor located on a navigable lake
or stream. Sections 458.09 to 458.19 are expressly declared to
be applicable to all such cities. Those port authorities now or
hereafter having The port authority of Saint Paul and the seaway
port authority of Duluth are established.
Subd. 2. [SEAWAY PORT AUTHORITY.] A seaway port authority
is a port authority with jurisdiction over harbors located a
harbor on the Great Lakes-St. Lawrence seaway system shall be
known and are referred to in sections 458.09 to 458.19 as seaway
port authorities.
Subd. 3. [APPLICABLE STATUTES.] Sections 458.09 to
458.1991 apply to the Duluth and Saint Paul port authorities
unless specifically restricted to one or the other. In those
sections, "port authority" includes seaway port authority.
Subd. 4. [PUBLIC BODY TRAITS.] A port authority shall be
is a body politic and corporate in the state of Minnesota with
the right to sue and be sued in the names above designated its
own name.
A port authority shall also be considered is a governmental
subdivision within the meaning of under section 282.01.
The exercise by any such A port authority or commission of
any of its powers shall be deemed and held to be carries out an
essential governmental functions function of the state of
Minnesota when it exercises its power, but any such the
authority shall is not be immune from liability by reason
thereof because of this.
Subd. 2 5. [PORT DISTRICT.] Any A port authority,
created and existing pursuant to this section, the membership of
which has been appointed under section 458.10, subdivisions 1 or
2, shall have has jurisdiction and shall be empowered to
exercise and apply any and all of may carry out its powers and
duties, as defined in under sections 458.09 to 458.1991, at any
place or places within the entire geographical area included
within the boundary limits of in the city of the first class in
which said port authority is located, and said area of
operations shall be known and described as the port district.
The total area of its operations is called its port district.
Subd. 6. [MAY LEASE PROPERTY.] The power to A port
authority may lease property which the in or out of its port
authority, in its discretion, district if it believes the
property is suitable and proper to be put to use by the port
authority in the execution of to carry out its duties and
responsibilities is not to be deemed limited to said port
district, but the port authority shall have the power to lease
such property either within or without said port district for
such purpose.
Subd. 3. The term "port authority" when used in those
sections shall be deemed to include seaway port authorities.
458.10 [MEMBERSHIP COMMISSIONERS; TERMS, VACANCIES, PAY,
CONTINUITY.]
Subdivision 1. [NUMBER, FIRST TERM.] Such Except for the
Saint Paul and Duluth port authorities, a port authority for any
city shall consist consists of three commissioners who shall be
appointed by the city council of each city in and for which such
port authority is hereby created. The first commissioners of
any such port authority shall be are appointed for terms as
follows: one for two years; one for four years; and one for six
years.
Subd. 1a. [SAINT PAUL.] Upon passage of a formal
resolution of the governing body of any city having a port
authority created under the terms of this subdivision and now
existing, The port authority of such city shall be increased
to Saint Paul consists of seven commissioners, two of whom shall
must be members of the governing body of such city council. The
members of such port authority shall be chosen by The
mayor shall appoint the commissioners with the approval and
consent of the governing body of such city and shall serve for a
period of six years, provided that the members of any such port
authority now existing shall be appointed for the remainder of
their unexpired terms to such port authority council.
The members of the governing body of the city appointed to
such port authority shall hold such office for a period of six
years, provided that they are, at all times of such service on
the port authority, members of the governing body of such city.
When such members are no longer members of the governing body of
such city, their terms on such port authority shall terminate,
and the mayor of such city with the approval and consent of the
governing body of such city shall then fill such vacancies. A
vacancy in the office of any commissioner shall be filled by the
mayor with the approval and consent of the governing body for
the balance of the term in which vacancy occurs.
Any authority expanded in accordance with the provisions of
this subdivision shall be deemed to be a continuation of the
former commission.
The provisions of this section shall not apply to any port
authority, now existing and qualified, under subdivisions 2 and
3.
Subd. 1b. [OTHER PORT AUTHORITIES.] A port authority
established under law by a city council of a city other than a
city of the first class may have three members as provided in
subdivision 1 or seven members as provided in subdivision 1a,
unless a different number or procedure is set out in the
enabling law. A three-member authority under subdivision 1 may
be increased to a seven-member authority under subdivision 1a by
resolution of the city council.
Subd. 2. [DULUTH.] Upon resolution unanimously adopted by
any such The Seaway Port Authority, it shall consist of Duluth
consists of seven commissioners.: three commissioners shall be
appointed in accordance with subdivision 1, by the city council;
two additional commissioners shall be appointed by the Saint
Louis county board of commissioners of the county in which said
city shall be located, one for a term to expire January 1, 1956,
and one for a term to expire January 1, 1958; and two shall be
appointed by the governor, one for a term to expire January 1,
1960, and one for a term to expire January 1, 1961. If a county
commissioner is appointed to be a commissioner of the authority,
his service on the authority shall end if he ceases to be a
county commissioner before the regular end of his appointed
term. Any port authority expanded in accordance with the
provisions of this subdivision shall be deemed to be a
continuation of the former commission.
A member of the Saint Louis county delegation of the state
House of Representatives appointed by that delegation, and a
member of the Saint Louis county delegation of the state Senate
appointed by that delegation are advisory members of the
authority.
Subd. 3. [TERM, VACANCIES.] When The term of any a port
authority commissioner expires, a successor shall be appointed
to serve for a term of is six years. A vacancy in the office of
any commissioner shall is created in Saint Paul when a city
council member of the authority ends council membership and in
Duluth when a county board member of the authority ends county
board membership. A vacancy on any port authority for this or
another reason must be filled by the appointing authority for
such office for the balance of the term in which such vacancy
occurs subject to the same approval and consent, if any,
required for an appointment for a full term. In the event of
the failure of For Duluth, if the governor or the county board
of commissioners fails to act make a required appointment within
sixty 60 days from the time after a vacancy occurs, the city
council of any such city shall have has sole power to appoint a
successor.
Subd. 4. [PAY.] All commissioners shall serve A
commissioner shall serve without compensation for their
services, or any remuneration, save pay except for expenses
incurred in the performance of their duty while performing
duties. The advisory members of the Duluth authority from the
legislature must not be paid for their service to the authority.
Subd. 5. [CONTINUATION.] There shall also be appointed to
serve in an advisory capacity only to such port authority one
member of the Minnesota State Senate who represents such county
in the Senate and one member of the Minnesota House of
Representatives who represents such county in the House of
Representatives. If such county is represented in the Minnesota
legislature by only one senator and one representative, these
members of the legislature shall serve on such commission. If
the county is represented by more than one senator and more than
one representative in the legislature, the members of that
county's Minnesota Senate delegation representing such county
shall choose and appoint such senator so to serve, and the
members of the House delegation representing such county shall
choose and appoint such representative so to serve. Such
appointed senator and representative, serving on such
commission, shall serve only in a consultant and advisory
capacity, and shall receive no pay nor emoluments of any kind
for such service The Saint Paul and Duluth authorities are
continuations of earlier, smaller commissions.
458.11 [BYLAWS AND RULES; OFFICERS; DUTIES; ORGANIZATIONAL
MATTERS.]
Subdivision 1. [BYLAWS, RULES, SEAL.] The commissioners
constituting such A port authority may adopt bylaws and rules of
procedure governing their action, not inconsistent with this or
other laws, and shall adopt an official seal.
Subd. 2. [OFFICERS.] They A port authority shall elect
from among their number a president, a vice-president and, a
treasurer, and shall also elect a secretary, and an assistant
treasurer who may or may not be a member of such commission; any
of said offices except those of. A commissioner may not serve
as president and vice-president at the same time. The other
offices may be held by one commissioner. The offices of
secretary and assistant treasurer need not be held by a
commissioner.
Subd. 3. [DUTIES AND POWERS.] The officers shall have the
usual duties and powers usually attendant upon such of their
offices, and such. They may be given other duties and powers
not inconsistent herewith, as may be provided by the port
authority.
Subd. 4. [TREASURER'S DUTIES.] The treasurer:
(1) shall receive and be is responsible for all moneys of
the port authority from whatever source derived, and the same
shall be deemed public funds; he shall also be money;
(2) is responsible for the acts of the assistant
treasurer. He;
(3) shall disburse the same only on port authority money by
check signed by himself and any other one officer of said port
authority who shall be designated by resolution of the port
authority, and each check shall state the name of the payee and
the nature of the claim for which the same is issued. He only;
(4) shall keep an account of all moneys coming into his
hands, showing the source of all receipts, and the nature,
purpose and authority of all disbursements,; and
(5) at least once each year, at times to be determined by
the port authority, shall file with the secretary a the
authority's detailed financial statement of the port authority
showing all receipts and disbursements, the nature of the same,
the moneys on hand, and the purposes for which the same are
applicable, the credits and assets of the port authority and its
outstanding liabilities, which report together with the
treasurer's vouchers, shall be examined by the port authority
and if found correct approved by resolution entered on the
records with its secretary at least once a year at times set by
the authority.
Subd. 5. [ASSISTANT TREASURER.] The assistant
treasurer shall have has the powers and perform the duties of
the treasurer in the event of the absence or disability of if
the treasurer is absent or disabled.
Subd. 6. [TREASURER'S BOND.] The treasurer of every port
authority shall give bond to the state in a sum equal to twice
the amount of money which will probably be in his hands at any
time during any one year of his term, that amount to be
determined at least annually by the port authority, such bond to
be conditioned for the faithful discharge of his official duties
, and to. The bond must be approved as to both form and
sureties surety by the port authority and filed with its
secretary; such bond, however, shall not exceed $300,000. The
bond must be for twice the amount of money probably on hand at
any one time, as determined at least annually by the authority.
However, the bond must not exceed $300,000.
Subd. 7. [PUBLIC MONEY.] Port authority money is public
money.
Subd. 8. [CHECKS.] A port authority check must be signed
by the treasurer and by one other officer named by the authority
in a resolution. The check must state the name of the payee and
the nature of the claim that the check is issued for.
Subd. 9. [FINANCIAL STATEMENT.] The port authority's
detailed financial statement must show all receipts and
disbursements, their nature, the money on hand, the purposes to
which the money on hand is to be applied, the authority's
credits and assets, and its outstanding liabilities. The
authority shall examine the statement together with the
treasurer's vouchers. If the authority finds the statement and
vouchers correct, it shall approve them by resolution and enter
the resolution in its records.
458.12 [DEPOSITORIES DESIGNATED; DEFAULT; COLLATERAL.]
Subdivision 1. [NAMED; BOND.] The Every two years a port
authority shall biennially designate a name national or state
bank or banks as depositories of its money. Such depositories
shall be designated only within the state and upon condition
that bonds as depositories. Before acting as a depository, a
named bank shall give the authority a bond approved as to form
and surety by the port authority and at least equal in amount to
the maximum sum expected to be on deposit at any one time, shall
be first given by such depositories to the port authority, such
bonds to. The bond must be conditioned for the safe-keeping and
prompt repayment of such deposits. The amount of the bond must
be at least equal to the maximum sum expected to be on deposit
at any one time.
Subd. 2. [DEFAULT; COLLATERAL.] When any of the funds of
the port authority shall be funds are deposited by the treasurer
in any such a bonded depository, the treasurer and the sureties
surety on his the treasurer's official bond shall, to such
extent, be are exempt from liability for the loss of any such
deposited funds by reason the deposits because of the failure,
bankruptcy, or any other act or default of such the depository;
provided, that any such. However, a port authority may accept
assignments of collateral by any from its depository of its
funds to secure such deposits to the same extent and conditioned
in the same manner just as assignments of collateral are
permitted by law to secure deposits of the funds of any such
port authority's city.
458.14 [RIGHT TO LEVY TAXES OR ASSESSMENTS FORBIDDEN PORT
CAN'T TAX; OTHER FISCAL MATTERS.]
Subdivision 1. [TAX LEVY BY CITY OBLIGATIONS.] The A port
authority shall have no right or authority to must not levy any
a tax or special assessment, nor to pledge the credit of the
state, or any other subdivision or municipal corporation
thereof; nor to or the state's municipal corporations or other
subdivisions, or incur any an obligation enforceable upon any
on property, either within or without the port district, other
than property not owned by the port authority.
Subd. 2. [BUDGET TO CITY.] Annually, at such a time as may
be fixed by charter, resolution, or ordinance of the city in and
for which any such port authority is created, the a port
authority shall transmit to the send its budget to its city's
council of such city a detailed estimate, in writing,. The
budget must include a detailed written estimate of the amount of
money which in its opinion will be required for the business and
proper conduct of its affairs that the authority expects to need
from the city to do authority business during the next ensuing
fiscal year,. The needed amount is what is needed in excess of
any expected receipts from the conduct of its business, or other
sources, and any such.
Subd. 3. [CITY LEVY.] A city, in addition to all other
powers now possessed thereby, and in addition to, and in excess
of any limitation upon the amount it is otherwise permitted by
law to levy as taxes, shall, at the request of its the port
authority, levy taxes a tax in any year for the benefit of, and
for expenditure by, such the port authority, not exceeding in
any one year an amount equal to a. The tax of must be for not
more than .75 mill upon the dollar of times the assessed
valuation thereof, upon all the of taxable property in such the
city, excluding money and credits, and any. The tax may be
levied beyond levy limits in law. The amount so levied for such
purposes shall must be paid over by the city treasurer to the
treasurer of the port authority, for expenditure by it, as above
provided to be spent by the authority.
Subd. 4. [FISCAL YEAR.] The fiscal year of such a port
authority shall must be identical with the same as the fiscal
year of such its city; provided that any. However, the Seaway
Port Authority of Duluth may, by resolution, adopt a fiscal year
different from the city of Duluth's fiscal year based on the
international shipping season through the St. Lawrence Seaway,
independent of the fiscal year of the city in which the seaway
port authority is located.
Subd. 5. [COUNTY LEVY.] The county board of county
commissioners of any a county in which any such city is located,
is also hereby authorized to appropriate having a port authority
city may make an appropriation for the use of such the port
authority, and to. The county board may include therefor what
it considers a proper amount for the appropriation in its levy
for general revenue purposes, such amount as it may deem proper;
provided, that the total amount permitted by law to be levied by
any county for levy. However, the county's general
revenue purposes shall levy limit is not be deemed increased by
this provision; the board of county commissioners in any because
of this appropriation.
Subd. 6. [ST. LOUIS COUNTY LEVY.] The St. Louis County
entitled to appoint members of a seaway port authority, board
may annually, upon receipt of a after receiving the budget as
specified above from such the seaway port authority, in its
discretion levy a tax sufficient to produce a sum raise not
exceeding more than $50,000 for the benefit of and for
expenditure by such port authority to defray the costs of for
its current operations in the next ensuing fiscal year which.
The levy shall need not be included in computing the amount of
levies subject to tax limitations under chapter 275 or any other
provision of law. The appropriation under county levy limit
laws.
Subd. 7. [OUTSIDE BUDGET LAWS.] Money appropriated to a
port authority of moneys derived from any of the county taxes
herein authorized shall under this section is not be subject to
any budgetary law applicable a budget law that applies to said
the county.
Subd. 8. [COUNTY PAYMENT.] Any amounts so The county
treasurer shall pay money appropriated or levied by the a county
under this section shall be paid over by the county
treasurer when and how the county board directs to the port
authority for expenditure by it as herein provided, at such
times and in such manner as the county board may provide to be
spent by the port authority.
Subd. 9. [ST. LOUIS COUNTY BONDS.] When any city entitled
to appoint members of a seaway port authority has secured the
approval of two-thirds of the members of the city council of
such city to issue its general obligation bonds, the proceeds of
which are to be appropriated to such seaway port authority, the
board of county commissioners of any county entitled to appoint
members of such seaway port authority may by five-sevenths vote
issue general obligation bonds of the county in an amount not to
exceed $4,000,000, and appropriate the proceeds thereof to be
used by such port authority for any or all of the purposes
specified in section 458.15, if the county board by resolution
determines that the conservation, development, reclamation,
protection and improvement of lands under the jurisdiction of
such port authority and the construction of port facilities
thereon will promote the public welfare of the county at large
and the economic well-being of its people, industries and
commerce, and is an essential governmental function of the
county, and can best be performed through the medium of such
port authority. Any such bonds shall be issued, sold and secured
as provided in sections 475.60 to 475.753; an election shall not
be necessary to the validity of such bonds.
Subd. 2 10. [REVERSE REFERENDUM.] If a city proposes to
increase the levy of the city for port authority purposes
pursuant to subdivision 1, it shall pass a resolution stating
the amount by which the levy limit base is proposed to be
increased. Thereafter, the resolution shall be published for
two successive weeks in the official newspaper of the city or if
there is no official newspaper, in a newspaper of general
circulation in the city, together with a notice fixing a date
for a public hearing on the proposed increase. The hearing
shall be held not less than two weeks nor more than four weeks
after the first publication of the resolution. Following the
public hearing, the city may determine to take no further action
or, in the alternative, adopt a resolution authorizing the
increase as originally proposed or approving an increase in the
lesser amount it determines. The resolution authorizing an
increase shall be published in the official newspaper of the
city if there is no official newspaper, in a newspaper of
general circulation in the city. If within 30 days thereafter a
petition signed by voters equal in number to five percent of the
votes cast in the city in the last general election requesting a
referendum on the proposed resolution is filed with the clerk
the resolution shall not be effective until it has been
submitted to the voters at a general or special election and a
majority of votes cast on the question of approving the
resolution are in the affirmative. The commissioner of revenue
shall prepare a suggested form of question to be presented at
the referendum. The referendum must be held at a special or
general election prior to October 1 of the year for which the
levy increase is proposed. A city may increase its levy for
port authority purposes under this section, in the following
way. Its city council must first pass a resolution stating the
proposed amount of levy increase. The city must then publish
the resolution together with a notice of public hearing on the
resolution for two successive weeks in its official newspaper or
if none exists in a newspaper of general circulation in the
city. The hearing must be held two to four weeks after the
first publication. After the hearing, the city council may
decide to take no action or may adopt a resolution authorizing
the proposed increase or a lesser increase. A resolution
authorizing an increase must be published in the city's official
newspaper or if none exists in a newspaper of general
circulation in the city. The resolution is not effective if a
petition requesting a referendum on the resolution is filed with
the city clerk within 30 days of publication of the resolution.
The petition must be signed by voters equaling five percent of
the votes cast in the city in the last general election. Then
the resolution is only effective if approved by a majority of
those voting on the question. The commissioner of revenue shall
prepare a suggested form of referendum question. The referendum
must be held at a special or general election before October 1
of the year for which the levy increase is proposed.
458.15 [USE OF CITY TO TRANSFER PROPERTY, BONDS, SERVICES,
BY AUTHORITY.]
Subdivision 1. [PROPERTY TRANSFER.] The council of any
such a port authority city may, in its discretion, by majority
vote, and with or without consideration, transfer or cause to be
transferred to such its port authority or may place in its
possession and control, by lease, or other contract or
agreement, either for a limited period or in fee, any dock,
waterfront, or riparian property now or hereafter owned or
controlled by such the city, and located within the port
district, but. The action must be by majority vote and may be
with or without consideration. The city may also put the same
property in the possession or control of the authority by a
lease or other agreement for a limited period or in fee.
Nothing in sections 458.09 to 458.19 contained shall be
construed to impair or in any manner restrict any power of
such restricts the city or any a municipality to from itself
own, develop, use and improve owning, developing, using, and
improving port or terminal facilities.
Subd. 2. [BONDS, EXCEPT DULUTH.] Any such A port authority
city may issue its bonds for, and appropriate the bond proceeds
thereof, to the purchase, construction construct, extension
extend, improvement improve, and maintenance of maintain
docks, warehouses, or other port or terminal facilities owned or
to be owned or operated by such its port authority, other than
if it is not a seaway port authority, under the same conditions,
to the same extent and in the same manner as if such
properties. This action may be taken in the same manner as if
the facilities were public utility plants, needful needed public
buildings and public conveniences from which capable of
producing revenue may be derived, and were owned or to be owned
or operated solely by the city.
Subd. 3. [DULUTH BONDS.] Any The city entitled to appoint
members of a seaway port authority of Duluth may issue its not
more than $1,000,000 of its general obligation bonds in a sum
not in excess of $1,000,000 and may appropriate the bond
proceeds thereof for any of the foregoing purposes in
subdivision 2 and for the conservation, development,
reclamation, protection and improvement of to conserve, develop,
reclaim, protect, and improve lands under the jurisdiction of
such its seaway port authority. Such The bonds shall be issued
only after approval of two-thirds of the members of the city
council of such city. Any such The bonds shall be issued, sold
and secured as provided in under sections 475.60 to 475.73;. The
bonds are valid without an election shall not be necessary to
the validity of such bonds.
Subd. 4. [SPACE, SERVICES.] Such A port authority city may
also in its discretion and with or without compensation therefor
furnish to such port authority offices, warehouses, or other
structures and space with or without heat, light, and other
service, and such to its port authority. The city council may
also decide to furnish stenographic, clerical, engineering, or
other assistance as its council may determine to its port
authority.
Subd. 5. [COUNSEL.] The city attorney or similar law
officer of any such city shall be the attorney and is the legal
adviser of to the port authority, but this provision shall not
impair the power of. The port authority to may employ
additional counsel when in the judgment of its members such
action is for any reason advisable.
458.16 [POWERS AND DUTIES TO ADVANCE PORT, CHECK ABUSES.]
Subdivision 1. [GENERAL DUTIES.] It shall be the general
duty of any such A port authority to shall: (1) promote the
general welfare of the port district, and of the port as a
whole; to endeavor (2) try to increase the volume of the port's
commerce thereof; to (3) promote the efficient, safe, and
economical handling of such the commerce,; and to (4)
provide or promote adequate docks, railroad and terminal
facilities open to all upon on reasonable and equal terms for
the handling, storage, care, and shipment of freight and
passengers to, from, and through the port.
Subd. 2. [SPECIFIC DUTIES MEET, PLAN, REGULATE,
INVESTIGATE, REPORT.] It shall further be the special duty of
such A port authority shall:
(1) To confer meet with any similar body created under laws
of any state embracing within its boundaries any part of any a
neighboring state's port authority that shares a port or harbor
of which the port district forms a part, and in so far as
agreement shall be possible to adopt in conjunction with said
similar body with it and try to agree with that authority on a
comprehensive plan for the regulation and future development to
regulate, develop, and improvement of improve the entire harbor
and port;
(2) To consider and adopt detailed and comprehensive plans
for the regulation, future development and improvement of the
port district, which plans shall, so far as may be, be
consistent with the general comprehensive plan above referred to
in clause (1);
(3) To confer meet from time to time with any such similar
body other state's port authority and, so far as may be, to try
to agree therewith upon with it on legislation and regulations
rules needed for the regulation to regulate and control of the
whole port as a whole, and to recommend the adoption of such
the legislation and regulations rules to the appropriate
councils, legislatures or other legislative and regulatory
bodies;
(4) To determine upon decide on and recommend legislation
and regulations rules needed for the regulation and improvement
of the conduct of to regulate and improve navigation and
commerce within in the port district and to similarly recommend
the same;
(5) Either jointly with a similar body, or separately, to
recommend to the proper departments of the federal, state, or
local government of the United States, or any state or
subdivision of either, or to any other another body, the
carrying out of any public improvement for the improvements to
benefit of the port or port district;
(6) To investigate the practices, rates, and conduct of
privately owned or operated dock, terminal and port facilities
within in the port district, and in the case of any Seaway Port
authority such investigative powers shall include stevedoring
and car contractors, ship chandlers, and other organizations
upon which a port is dependent for its orderly development and
operation, and to institute such start proceedings, and take
such steps in the public interest to remedy any abuses as may
seem in the public interest; in connection with any such
investigation, the port authority shall have power, by subpoena
issued out of the district court of the county where the port
authority is situated, to require the attendance of witnesses
and the production of books and documents, and to examine
witnesses under oath and;
(7) if deemed necessary, to bring suit for any
irregularities before the a proper courts of the state or the
United States federal court; and
(7) (8) annually by April 1 of each year to make written
report to the council of such city, giving give a detailed
written account to its city council of its activities and of,
its receipts and expenditures during the preceding past calendar
year, together with such further and other matters and
recommendations as it shall deem thinks advisable for the
advancement of to advance the commerce and welfare of the port
district.
Subd. 2a. [SUBPOENAS.] To conduct investigations under
subdivision 2, clause (6), a port authority may examine
witnesses under oath and to do so have subpoenas issued out of
the district court where it is located. The subpoenas may
require the attendance of witnesses and the production of books
and documents.
Subd. 2b. [BROADER SEAPORT INVESTIGATIONS.] A seaway port
authority may also investigate stevedoring and car contractors,
ship chandlers, and other organizations that a port depends on
for its orderly development and operation.
Subd. 4. [ONE BANK ACCOUNT.] Any A port authority
operating under the provisions hereof this section and also
under the provisions of Minnesota Statutes, sections 458.191 to
458.1991 inclusive shall be authorized to may deposit all funds
and income accruing to it its money from any source whatsoever,
whether it be the operation of the said port authority under the
provisions of this act or its operations under Minnesota
Statutes, Sections 458.19 to 458.1991, in a single one bank
account in a banking depository authorized by law.
Subd. 5. [PUBLIC RELATIONS.] In furtherance of any of its
To further an authorized purposes any purpose a port authority
or any seaway port authority may in its discretion provide for
membership in any (1) join an official, industrial, commercial,
or trade association, or any other another organization
concerned with such purposes the purpose, for receptions (2)
have a reception of officials or others as who may contribute to
the advancement of advance the port district and any its
industrial development therein, and for such (3) carry out other
public relation activities as will to promote the same, and such
port district and its industrial development. Activities shall
be considered under this subdivision have a public purpose.
458.17 [ADDITIONAL POWERS PROPERTY CONTROL; TUNNEL, BRIDGE,
SEAPORT BONDS.]
Subdivision 1. [CONTROL OF PROPERTY.] The A port
authority, in its own name, shall have full power and authority
to may acquire, purchase, construct, lease, or operate any
bulkheads, jetties, piers, wharves, docks, landing places,
warehouses, storehouses, elevators, cold storage plants,
terminals, bridges, and such or other terminal or transportation
facilities as may be necessary. The authority may own, hold,
lease, or operate real and personal property. The facilities
and the property must be needed or convenient for storing,
handling, or transporting freight, for the handling of passenger
traffic, and for the establishment of establishing rail and
water transfer within in the port district; to. The authority
may make rules, regulations, and charges fix fees for the use
thereof, of the facilities and for any service rendered; for
such purposes to own, hold, lease, or operate real and personal
property, to the services it renders. The authority may borrow
money and to secure the same by bonds or loans by mortgages upon
any on property held or to be held by it, and in the case of any
or by bonds.
Subd. 2. [SALE OF REALTY.] The authority may sell, convey,
and exchange any real or personal property owned or held by it
in any manner and on any terms it wishes. Real property owned
by the authority must not be sold, be exchanged, or have its
title transferred without approval of two-thirds of authority
members following notice to all of them. All commissioners must
have ten days' written notice of a regular or special meeting at
which a sale, conveyance, exchange, or transfer of property is
to be voted on. The notice must contain a complete description
of the affected real estate. The resolution authorizing the
real estate transaction is not effective unless a quorum is
present.
Subd. 3. [SEAPORT BONDS.] A seaway port authority only to
may issue and sell its negotiable revenue bonds of the port
authority for such purposes, a purpose in subdivision 1 or for
any of the purposes outlined a purpose in this chapter for
related to the development of a seaport, such. The bonds to
must be issued, sold, and secured in the same manner as provided
below for the construction of a vehicular toll bridge or tunnel,
except that the bonds in subdivision 6 with one exception: a
trust indenture may but is not required to need not be executed,
and in and by. The bond resolutions and indenture, if
any, authorizing the bonds the port authority shall define must
list the facilities whose net revenues are to be pledged
thereto, and for the bond and interest payments. The authority
may in its discretion mortgage such some or all of its
facilities (other than a tunnel or bridge for vehicles)
including additions and improvements to a trustee for the
bondholders, which facilities may be all of those owned by the
authority (except any vehicular bridge or tunnel) and all
subsequent additions thereto and betterments thereof, or may be
restricted to one or more described facilities, including or not
including the facilities. The mortgaged facilities may include
those financed by the bonds, and may be facilities which are
either those operated by the authority, or are those leased to
others, and. The authority may establish such agree to
covenants and restrictions regarding the issuance of
additional about: (1) issuing more bonds payable from net
revenues of the same facilities, the subsequent amendment of
the (2) changes to the bond resolutions or the indenture, (3)
the remedies and priorities of the bondholders in the event case
of default and, without limitation, all such other matters
pertinent to (4) anything else about the security of the bonds,
as that the authority may determine to be necessary for the
marketing of decides is needed to best market the bonds to the
best advantage; to sell, convey, and exchange any real or
personal property owned or held by it in such manner and on such
terms as it may see fit, save that no real property owned by the
authority shall be so sold, exchanged, or the title thereto
transferred without the approval of two-thirds of the members of
the port authority, provided that no such sale, conveyance,
exchange or transfer of real property shall be considered at any
meeting unless all commissioners have been given at least ten
days written notice that such a sale, conveyance, exchange or
transfer will be voted upon at a special or regular meeting,
which notice shall contain a complete description of the
affected real estate, and provided further that such
authorization shall not be given unless there is at least a
quorum present.
Subd. 4. [CONDEMNATION.] The A port authority is hereby
empowered to may acquire by condemnation under eminent domain
any property, corporeal or incorporeal, of any kind within the
port district which may be needed by it for public use; and the
fact that the property so needed has been even if the property
was acquired by the its owner under the power of eminent domain
or is even if the property is already devoted to a public use
shall not prevent its acquisition by the port authority by the
exercise of the right of eminent domain hereby conferred. No
Property now or hereafter vested in or held by the state of
Minnesota, or any by a city, county, school district, town, or
other municipality, shall be so must not be taken or acquired by
the port authority without the the holder's consent of the
state, municipality, or governmental subdivision. The necessity
of the taking of any property by The port authority shall be
determined by adopt a resolution duly adopted by the
commissioners, which shall describe describing the property as
nearly as may be and state the stating its intended use and
purpose to which it is to be devoted. The acquisition of such
property shall be thereafter accomplished by proceedings by law,
as in taking land for public use by right of eminent domain
under the laws of the state and the necessity of the taking.
Subd. 5. [TUNNEL AND BRIDGES.] In addition to the power
and authority heretofore conferred upon the A port authority,
the port authority, in its own name, shall have full power and
authority to may acquire and thereafter then operate and
maintain any an existing vehicular toll bridge for vehicles
across any waters which form a common boundary water between any
a city of the first class in the state and any other another
city either within or without the in or out of state and to
reconstruct, improve, and repair such existing bridge; and to.
The authority may also construct, maintain, and operate an
additional another vehicular toll bridge and with its approaches
across these waters the water at a point suitable to the
interests of navigation, and to may reconstruct, repair, and
improve the same; and to both bridges. The authority may
construct, maintain, and operate a tunnel under these waters the
water and to reconstruct, repair, and improve the same; and
to it.
Subd. 6. [TUNNEL AND BRIDGE BONDS.] The authority may
issue and sell the its negotiable revenue bonds of the port
authority for such the purposes of subdivision 5. Such The
bonds shall must be authorized by resolutions as the port
authority may determine from time to time, such resolutions.
The resolutions to must contain such usual provisions with
respect to about the form thereof of the bonds and their
maturity, interest rate, sinking fund, redemption, and refunding
as are customary and usual; and such bonds shall. The bonds
must be issued under a trust indenture from the port authority
to a corporate trustee, which. The indenture shall must contain
the usual and customary provisions with respect as to: (1) the
issuance of bonds,; (2) the application of the revenues of such
the bridge or tunnel for the creation of to create a sinking
fund to provide for the payment of such to pay the bonds and
interest thereon, and for on them; (3) the holding of the
proceeds of the bonds in a special trust for the purpose of
acquiring or constructing such to acquire or construct the
bridge or tunnel,; and for (4) the pledge and assignment by the
port authority to the trustee under such trust indenture of the
bridge or tunnel revenues of such bridge or tunnel over and
above in excess of the cost of operation and maintenance thereof
of it as security for the payment of the principal of and
interest on such the bonds. The port authority shall establish,
maintain, and collect tolls for transit over such the bridge or
through such the tunnel acquired or constructed hereunder under
this section sufficient at all times to pay the cost of the for
its operation and maintenance thereof and to pay the principal
of and interest on the bonds issued hereunder; and such under
this subdivision. The bonds and the coupons evidencing showing
interest thereon shall constitute on them are an irrevocable
contract between the holders thereof bondholders and the port
authority that such the tolls shall always be sufficient
therefor for those purposes. No bonds A bond issued hereunder
shall under this subdivision must not bear interest at a rate
exceeding more than eight percent per annum and all such bonds
so year. A bond issued hereunder shall under this subdivision
must not be sold for not less than par and plus accrued interest
to the date of delivery and payment and. Bonds may be sold at
private sale without publishing prior publication of notice
thereof of the sale. All such Bonds issued hereunder shall
never constitute an indebtedness of any such city of the first
class under this subdivision are not a debt of the port
authority's city, and thus not chargeable to its the city's debt
limit or and not payable from ad valorem city property taxes,
but such. The bonds shall be are payable solely and only from
the toll revenues earned by such the bridge or tunnel and
pledged to the payment thereof of the bonds.
When the port authority determines to acquire any of these
existing bridges, or to construct the additional bridge or
tunnel, the A port authority shall have all rights and powers to
may enter upon lands and to acquire, condemn, occupy, possess,
and use such real estate and other property as may be needed for
the location, construction, operation, and maintenance of
such to locate, construct, operate, and maintain the bridge or
tunnel and approaches thereto to it. In doing so, the authority
shall act just as are possessed by a railroad corporations
corporation may for railroad purposes, or by a bridge
corporations corporation may for bridge purposes in the state in
which such real estate or other where the property is situated,
upon after making just compensation therefor to be
ascertained for the property as decided and paid according to
under the laws of the that state in which such property may be
located and. The proceedings therefor shall must be the same as
in for condemnation or expropriation of property for public
purposes in such that state.
Subd. 7. [SURVEYS; PLANS.] The A port authority shall also
have full right and power to cause to be made a may survey or
investigation relating to investigate the proper uses,
operations, improvement, and development of the port district,
the resulting stimulation of employment by reason thereof, and
the benefit to the port district's city and, county in which
such district lies, and to the state of Minnesota. The port
authority may also cause to be prepared see that a plan for
future construction, development, and improvement of is prepared
to construct, develop, and improve the port, which in the future.
The plan may be integrated into any merged with existing or
future city plans of any city in the port district. Upon
completion of When the plan is completed, and after public
hearing, such the port authority may adopt the same it as its
official plan for the port district. Thereafter such Then the
plan may be extended, modified, or amended only after a
hearing. Upon the adoption of any such When the plan is
adopted, all improvements made by such the port authority shall
conform thereto must agree with it.
Subd. 8. [AGENT FOR SEAWAY PORT.] Any A seaway port
authority may also operate its port terminal
facilities constructed on their its premises as terminal
operators and as such,. If it does so, the authority may
contract with a warehouse operator or operators performing other
terminal services on an agency basis to act as its agent. They
may enter into such a The contract which may provide: (1) that
the agent will be paid a compensation on a monthly basis to
operate the facilities and; (2) that said the agent may hire the
necessary personnel to carry all out the functions assumed in
said undertaken by the contract, and; (3) that any and all
employees engaged by said the agent shall be considered are
employees of such the agent and not of the port authority,; and
he shall be (4) that the agent is responsible for the payment of
their compensation to pay the employees and in compliance to
comply with all local ordinances, and state or and federal
laws in regard to affecting the employees. Such The seaway port
authority may also contract with any other agent or agents for
the performing of any and all functions to perform any function
that the port authority has power by law to execute in a like
manner may do. In contracting with so-called managing agent,
but in remaining the terminal operator, The seaway port
authority may contract to retain power over the setting of all
to set rates for any services a service to be performed in any
a terminal facility owned, leased, or operated by said seaway
port authority it.
458.18 [EMPLOYMENT OF PERSONNEL EMPLOYEES; CONTRACTS;
AUDITS.]
Subdivision 1. [PERSONNEL; CONTRACTS EMPLOYEES, SOCIAL
SECURITY.] The A port authority shall have power and authority,
in its own behalf, to may employ such or contract for the
engineering, legal, technical, clerical, stenographic,
accounting, and other assistance as it may deem advisable;
any it considers advisable. An employee of any a port authority
created and existing under and pursuant to the provisions of
this chapter shall be considered as is an "employee" as the term
is used and defined in under section 355.01, subdivision 4,
and shall by appropriate action of the port authority be is
entitled to the benefits provided for in this statute; to enter
into contracts for the erection under that section.
Subd. 1a. [CONTRACTS.] A port authority may contract to
erect, repair, maintenance or operation of maintain or operate
docks, warehouses, terminals, elevators, or other
structures upon on or in connection with property owned or
controlled by it; to owns or controls. The authority may
contract or make other arrangements arrange with the United
States federal government, or any department thereof of its
departments, with persons, public corporations, the state of
Minnesota, or any of its political subdivisions, commissions, or
agencies, for separate or joint action, with reference to on any
matter related to the exercise of using the authority's powers
or the fulfillment of the doing its duties of such port
authority; to. The authority may contract for the to purchase
and sale of sell real and personal property; provided that no.
However, an obligation or expense shall be must not be
incurred save upon those terms and at those times except when
existing appropriations, together with the reasonable expected
revenue of the port authority from other sources, shall be are
sufficient to enable the same to be discharged discharge the
obligation or pay the expense when due; and neither. The state
nor any and its municipal subdivision thereof shall
be subdivisions are not liable on any of these the obligations.
Subd. 2. [C.P.A. AUDITS.] Notwithstanding the provisions
of any law to the contrary, any A seaway port authority may
employ a certified public accountant to annually examine and
audit and examine the its books of the authority. The report of
the examination or exam and audit by the certified public
accountant shall be submitted must be sent to the state auditor
who. The state auditor shall review the audit report and may
accept the audit it or make additional examinations as he deems
to be in the public interest examine the books further.
458.19 [APPLICATION PORT CONTROL BY OTHERS; PETITION;
INTERVENTION.]
Subdivision 1. [WHO MAY REGULATE WHAT; HOW.] Until and
unless otherwise provided by law, all laws now or hereafter
vesting jurisdiction or control in the department of public
service of the state of Minnesota, the interstate commerce
commission or department of defense of the United States, or
similar regulatory bodies shall apply to any transportation,
terminal, or other facility owned, operated, leased, or
controlled by the port authority with the same force and effect
as if the transportation, terminal, or other facility was so
owned, operated, leased, or controlled by a private corporation;
provided,.
Subd. 1a. [STATE SEAPORT CONTROL LIMITED.] However, that
The state department of public service of the state of Minnesota
shall have has no control jurisdiction over any a seaway
port authority operating under this chapter for the following
matters to the extent they are connected with handling
interstate commerce:
(1) Charges for stevedoring of vessels;
(2) Receiving and delivering cargo for vessels;
(3) Car and truck unloading and loading cargo for vessels;
(4) Watching cargo for vessels;
(5) Charges for to vessels for use of facilities;
(6) Charges against railroad, trucking companies and/or or
shippers for their use of port facilities; and
(7) Delivery and warehouse charges for delivering cargo to
and from and in warehouses on seaway port authority property and
warehouse charges on the same, provided all of these items are
in connection with handling of interstate commerce.
Subd. 2. [PETITIONS, INTERVENTION.] The A port authority
shall have authority either alone or jointly with any similar
body having jurisdiction of any part of such port to may
petition any interstate commerce commission, department of
public service, public utilities commission, or any like body or
any other federal, municipal, state, or local authority,
administrative, executive, judicial, or legislative, a public
body of any kind or level having jurisdiction in the premises of
the matter, for any relief, rates, change, regulation rule, or
action which in the opinion of that the port authority may be
designed to believes will improve or better the handling of
commerce in and through the port or improve terminal and
transportation facilities therein, and in the port. The port
authority may join with another authority sharing its port in
making the petition. A port authority also may intervene before
any such public body in any a proceeding affecting the commerce
of the port and. In any such matters shall be considered along
with other interested persons the proceeding, the port authority
is one of the official representatives of the port
district along with other interested persons.
458.191 [INDUSTRIAL DEVELOPMENT DISTRICTS.]
Subdivision 1. [CREATION; NOTICE; FINDINGS.] The port
authority of any port district created and existing under
section 458.10, subdivisions 1 or 2, may, after a public hearing
thereon of which at least ten days notice shall be published in
a daily newspaper of general circulation in the port
district, the city of Saint Paul and the Seaway Port Authority
of Duluth may create and define the boundaries of industrial
development districts within the in their port district and
define the boundaries thereof if it finds districts. First the
authority must hold a public hearing on the matter. At least
ten days before the hearing, the authority shall publish notice
of the hearing in a daily newspaper of general circulation in
the port district. Also, the authority shall find that the
creation of such a development district or districts is proper
and desirable in establishing and developing to establish and
develop a system of harbor and river improvements and industrial
developments in each its port district.
Subd. 2. [POLICY.] It is hereby declared to be the public
state policy of the legislature of the state of Minnesota that
it is in the public interest to empower the have a port
authority to employ the power of use eminent domain, and for
such port authority to advance and expend spend public moneys
money for the purposes contained in Laws 1957, Chapter
812 sections 458.09 to 458.1991, and to provide for the means
by which to develop marginal area properties may be developed or
redeveloped in accordance with property according to the
legislative policies hereinafter stated findings in subdivision
2b.
Subd. 2a. [BROAD MEANING.] In this section, development
includes redevelopment, and developing includes redeveloping.
Subd. 2b. [FINDINGS.] The legislature makes the findings
in this subdivision about the purposes of this section.
(1) A Sound development of the economic security of the
peoples of the city of the first class people in which is
situated such port authority is dependent upon cities depends on
proper development and redevelopment of marginal properties, and
property. The general welfare of the inhabitants residents of
the port districts in which they exist require the remedying of
such requires remedies for the injurious conditions to which of
marginal properties are now subject; and property.
(2) The development and redevelopment of such Marginal area
properties property cannot be accomplished by private enterprise
alone developed without public participation and assistance
in the acquisition of: (a) acquiring land and, (b) planning
and in the, (c) financing of land assembly in the work of
clearance, and development and redevelopment, and in the (d)
making of necessary improvements necessary therefor for
developing.
(3) To protect and promote The protection and promotion of
sound development and redevelopment of marginal lands as
hereinafter defined property, and of the general welfare of
the inhabitants residents of the port districts in which they
exist, to requires remedying such the injurious
conditions through the employment of all by appropriate means.
(4) That whenever When the development or redevelopment of
such marginal lands property cannot be accomplished done by
private enterprise alone, without public participation and
assistance in the acquisition of land and planning and in
financing of land assembly in the work of clearance, development
and redevelopment, and in the making of improvements necessary
therefor, it is in the public interest to employ the power of
use eminent domain, to advance and expend spend public moneys
for those purposes money, and to provide for the means by
which such marginal lands may be developed or redeveloped to
develop marginal property for the purposes in paragraph (2).
(5) That The development or redevelopment of such marginal
lands property and the provision of appropriate its continuing
land use constitute are public uses and, public purposes for
which, and government functions that justify spending or
advancing public moneys may be advanced or expended money and
acquiring private property acquired, and are governmental
functions and are of. The development is a state concern in the
interest of health, safety and welfare of the peoples people of
the state of Minnesota and of the people of the communities in
which such areas exist having marginal property.
(6) That the Sections 458.09 to 458.1991 are a public
necessity in the public interest for the provision of Laws 1957,
Chapter 812, is declared to be a matter of legislative
determination.
Subd. 3. [MORE FINDINGS.] It is further found and declared
that The legislature also makes the findings in this subdivision:
(1) The existence of such Marginal lands characterized by
any or all of such conditions constitutes a serious and growing
menace which is condemned as injurious and inimical to property
is a serious and growing menace for the public health, safety,
and welfare of the people of the state and of the people of
communities in which they exist and of the people of the
state having marginal property.
(2) Such Marginal lands present difficulties and handicaps
which are property causes problems beyond remedy and control
solely by regulatory processes in the exercise of the of police
power alone.
(3) They contribute substantially and increasingly to
Marginal property worsens the problems of, and necessitate
excessive and disproportionate expenditures for, crime
prevention, correction, prosecution and punishment, the
treatment of preventing, prosecuting, and punishing crime, and
treating juvenile delinquency, the preservation of
the corrections, preserving public health and safety, and the
maintaining of adequate enough police, fire and accident
protection and enough other public services and facilities.
(4) This The menace of marginal property is becoming
increasingly direct and substantial in its significance and
effect more direct and serious.
(5) The benefits which will result from the remedying of
such conditions and the redevelopment of such All residents and
property owners in communities having marginal lands will
benefit from remedying the conditions on marginal lands will
accrue to all the inhabitants and property owners of the
communities in which they exist property by development.
(6) Such conditions of An individual marginal lands tend to
further obsolescence, deterioration, and disuse because of the
lack of property owner has no incentive to the individual
landowner and his inability to improve, modernize, or
rehabilitate his or means to fix the property while the
condition of the neighboring properties remains property remains
unchanged, so the marginal property declines further.
(7) As a consequence the process of deterioration of such
The decline of marginal lands frequently often cannot be halted
or corrected reversed except by redeveloping the entire area, or
substantial portions developing all or most of it.
(8) Such conditions of Marginal lands are chiefly property
is mostly found in areas subdivided into of small parcels, held
in divided and widely having scattered ownerships, frequently
under defective ownership, often with defective titles, and in.
Many such instances the times, private assembly of the land
areas for redevelopment is so difficult and costly that
it development is uneconomic and as a practical matter
practically impossible for owners to undertake because of costs
and lack of the legal power and excessive costs.
(9) The remedying of such conditions may require The public
acquisition may have to acquire sizable areas of marginal
property at fair prices of adequate areas, the redevelopment of
the areas suffering from such conditions to remedy the
conditions on the marginal property, and to develop the areas
under proper supervision, with appropriate planning and
continuing land use.
(10) The development or redevelopment of land, or both,
acquired under the authority of Laws 1957, Chapter 812,
constitute sections 458.09 to 458.1991 is a public use and are a
governmental functions, and that function. The sale or leasing
of such lease of the land after the same has been developed or
redeveloped is merely development is incidental to the
accomplishment of the real or fundamental purpose, that is,: to
remove the condition which caused said making the property to be
marginal property as in Laws 1957, Chapter 812, defined.
Subd. 4. [MARGINAL PROPERTY.] "Marginal lands property" is
defined and characterized by any means property that suffers
from at least one or more of the following described conditions
in this subdivision:
(1) An economic dislocation, faulty planning causing
deterioration, or disuse resulting from faulty planning., or
economic dislocation,
(2) the subdividing and sale of lots of too small and
irregular form and shape and inadequate size for proper
usefulness good use and development.,
(3) The laying out of lots in disregard of the contours and
other laid out ignoring their physical characteristics of the
ground and surrounding conditions.,
(4) The existence of inadequate streets, open spaces, and
inadequate utilities.,
(5) The existence of lots or other areas which are subject
to being submerged by water. that may flood,
(6) By a prevalence of depreciated lower values, impaired
damaged investments, and social and economic maladjustment to
such an extent that the upsets reducing taxpaying capacity to
pay taxes is reduced and making tax receipts are inadequate too
low for the cost of public services rendered .,
(7) In some parts of marginal lands, a growing or total
lack of proper utilization or improper use of areas, resulting
in a stagnant and or unproductive condition of land
potentially useful and valuable for contributing that could
contribute to the public health, safety and welfare.,
(8) In other parts of marginal lands, a loss of lower
population and reduction of proper utilization of the area,
resulting in its further deterioration and added costs to the
taxpayer for the creation of some improper use of areas causing
more decline, and requiring more public money for new public
facilities and public services elsewhere.,
(9) property of an assessed valuation of insufficient
amount to permit the establishment of too low to establish a
local improvement district for the construction and installation
of to construct and install streets, walks, sewers, water and
other utilities.,
(10) lands within an industrial area which are not devoted
to industrial uses used for industry but which are necessary to
needed for industrial development within the industrial of the
area., and
(11) Lands state-acquired by the state of Minnesota by
forfeiture for non-payment of taxes tax-forfeited land.
458.192 [ADDITIONAL POWERS MORE POWER TO SET UP DEVELOPMENT
DISTRICTS.]
Subdivision 1. [IN GENERAL.] In addition to all powers
conferred on the port authority under sections 458.09 to 458.19,
the A port authority, or a city authorized by law to exercise
the powers of as a port authority, to accomplish the purposes
set forth in may use the powers in this section for the purposes
in section 458.191, subdivision 1, shall have the powers
provided in this section. A port authority in this section
includes a city that has the powers of a port authority.
Subd. 2. [ACQUIRE PROPERTY.] It The port authority may
acquire by lease, purchase, gift, devise, or condemnation
proceedings all necessary the needed right, title and interest
in and to lands and buildings required for the purposes
contemplated in the creation of such property to create
industrial development districts and. It shall pay therefor for
the property out of funds obtained by money it as hereinafter
provided, and gets under sections 458.192 to 458.1991. It may
hold and dispose of the same property subject to the limitations
limits and conditions herein prescribed in sections 458.09,
458.10, and 458.191 to 458.1991. The title to any such property
acquired by condemnation or purchase shall must be in fee
simple, absolute, but any such real or personal. The port
authority may accept an interest in property or interest therein
otherwise acquired may be so acquired or accepted in another way
subject to any condition which may be imposed thereon by of the
grantor or donor and agreed to by the port authority not
inconsistent. The condition must be consistent with the proper
use of such the property for the purposes herein provided under
sections 458.09, 458.10, and 458.191 to 458.1991. Any
properties, real or personal, Property acquired, owned, leased,
controlled, used, or occupied by the port authority for any of
the purposes of this section are declared to be acquired, owned,
leased, controlled, used and occupied is for public governmental
and municipal purposes and shall be is exempt from taxation by
the state or any of by its political subdivisions. Such The
exemption from taxation applies only when while the port
authority holds property for its own purpose. When property is
sold, this exemption from taxation shall not apply, and the
property shall be returned for taxation to the tax rolls it
begins to be taxed again. Such
Subd. 2a. [OPTIONS.] The port authority shall have the
power to execute may sign options for to purchase, sale
sell, or lease of property.
Subd. 3. [EMINENT DOMAIN.] It The port authority may
exercise the right of use eminent domain in the manner provided
by Minnesota Statutes, under chapter 117, or under the
provisions of the home rule its city's charter of the city in
which said port authority is located for the purpose of
acquiring any to acquire property which it is authorized to
acquire by condemnation. The fact that the port authority may
acquire in this way property so needed has been acquired by the
its owner under by eminent domain or is property already
devoted to a public use shall not prevent its acquisition by
such port authority by the exercise of the right of eminent
domain, provided that the acquisition of such sites and property
has the approval and ratification of the governing body of the
city in which said port authority is located only if its city's
council approves. The port authority may take possession of any
such possess property so to be acquired at any time condemned
after the filing of the it files a petition describing the same
in condemnation proceedings describing the property. It shall
not be precluded from abandoning The authority may abandon the
condemnation of any such property in any case where before
taking possession thereof has not been taken.
Subd. 4. [CONTRACTS.] It The port authority may contract
and be contracted with in any matter connected with the purpose
of make contracts for an industrial development purpose within
the powers of the port authority herein given it in sections
458.09, 458.10, and 458.191 to 458.1991.
Subd. 4a. [PARTNER.] It The port authority may enter into
a partnership agreement with one or more other persons under
which the port authority serves as be a limited partner only.
Subd. 5. [RIGHTS; EASEMENTS.] It The port authority may
acquire rights or easements an easement for terms a term of
years or perpetually to accomplish the purpose of such
industrial districts' for development of an industrial district.
Subd. 6. [SUPPLIES; MATERIALS.] It The port authority may
purchase all buy the supplies and materials necessary in
carrying it needs to carry out the purposes of this section.
Subd. 7. [RECEIVE PUBLIC PROPERTY.] It The port authority
may accept from the United States of America or state of
Minnesota or any of their agencies or any local subdivision of
government under the state of Minnesota, land, moneys money, or
other assistance, whether by gift, loan or otherwise, for the
purpose of carrying in any form from the federal or state
government, or an agency of either, or a local subdivision of
state government to carry out the purposes of Laws 1957, Chapter
812, and of acquiring and developing section 458.09 to 458.1991
and to acquire and develop an industrial development districts
district and its facilities as contemplated herein under this
section.
Subd. 8. [TAX FORFEIT LAND.] Such The port authority, in
connection with the acquisition of land for and the development
of industrial development districts, may exercise all use the
powers power of a governmental subdivisions within the meaning
of Minnesota Statutes, subdivision under section 282.01, and
pursuant thereto shall have all the powers similar to the to
acquire land for and develop an industrial development
district. The authority may act the way a city of the first
class in which it is located to acquire, by any means provided
by law, lands acts under that section to acquire land forfeited
to the state for non-payment of taxes to the state of Minnesota.
Subd. 9. [PROCEDURE.] It is hereby declared that the
purposes of Laws 1957, Chapter 812, in the program herein set
out for the creation and development of Industrial development
districts is district programs are in the public interest, and.
To implement the program, it is essential that carry them out,
tax-forfeited lands, the title to which has in the district
vested in the state of Minnesota, need to be conveyed to such
the developing port authority for a nominal consideration of $1
one dollar per tract for. The port authority may use and
subsequent resale later resell the land as found it finds
expedient by such port authority in furtherance of the purpose
of Laws 1957, Chapter 812 to carry out sections 458.09 to
458.1991.
It is declared that any proposed resale of industrial
development lands to private parties, or the use in any manner
thereof by such port authority in the way of industrial
development, requires that such port authority acquire title to
all lands within the area of the industrial development district
free and clear of any In conveying tax forfeit land to a port
authority the state may not retain a possibility of reverter to
or right of re-entry by the state of Minnesota, for the reasons
or under the circumstances set forth in Minnesota Statutes, as
it does under section 282.01, subdivision 1. Port authority use
for industrial development and potential resale to private
parties precludes assertion of these retained rights by the
state.
The commissioner of revenue of the state of Minnesota is
authorized and shall convey to any such port authority tax
forfeit parcels of tax-forfeited lands in such an industrial
development district to the port authority, petition for the
conveyance of which has been made to such commissioner under the
provisions of Laws 1957, Chapter 812, upon payment by such port
authority of the nominal consideration of $1 for each if the
authority petitions for conveyance under sections 458.09 to
458.1991 and when the authority pays one dollar per tract of
land so acquired.
Any such deed of conveyance shall be upon a form approved
by The attorney general and shall convey to any such shall
approve the form of the deed of conveyance. The port
authority an shall receive absolute title to such the tract or
tracts of land, subject only to the a reservation of minerals
and mineral rights, pursuant to Minnesota Statutes, under
section 282.12; such. The deed of conveyance shall must not
contain any condition or other provision with reference to a
restriction on the use to which of the premises shall be put,
and by such. The conveyance divests the state of Minnesota
shall be divested of any and all further right, title, claim or
interest in and to such the tracts, subject, however, to the
mineral except for the reservation hereinabove referred to of
minerals and mineral rights.
Subd. 10. [DEVELOPMENT DISTRICT POWER.] Such The port
authority shall have the authority to may sell or lease the land
held by it for river, harbor or industrial development in
industrial development districts. It The authority may, if
proper in the public interest, construct build suitable
buildings or structures upon any on land owned by it and, if
deemed necessary for the purposes to be served by such buildings
and structures, it may install or. The authority may furnish
capital equipment to be located permanently or used exclusively
on such the lands or in such the buildings all for the purpose
of leasing or selling the same if necessary to the purposes of
the buildings or structures. The port authority must intend
that the buildings, structures, and equipment be leased or sold
to private persons in the to further industrial development of
such develop the industrial district. It may exercise its
The authority, herein given, to the acquisition,
development, sale or may acquire, develop, sell, or lease of
single or multiple tracts of land to be developed, irrespective
regardless of size, having in mind that the purpose of Laws
1957, Chapter 812, is to be developed as a part of the
industrial development of the district under sections 458.09 to
458.1991.
Subd. 11. [TAX INCREMENT.] Upon or after the creation of
an industrial development district under section 458.191 which
is not subject to the provisions of sections 273.71 to
273.78, The port authority may request that the county auditor
of the county in which it is situated shall upon request of the
port authority of its industrial development district certify
the then most recently determined latest assessed valuation
of all or so much of the legally described taxable real property
within in the request or of all the taxable real property in the
district as is identified by legal description in the request,
other than that portion of the. The request must be made when
or after an industrial development district not subject to
sections 273.71 to 273.78 is created. The auditor shall make
the certification. Valuation which that is contributed to an
area-wide tax base under chapter 473F must be excluded from the
certification. The auditor shall certify to the authority in
Each year thereafter the auditor shall certify to the authority
the amounts and percentages of subsequent increases increase or
decreases decrease in such the certified valuation other than
that portion of such increases or decreases which. The part of
the change that is contributed to an area-wide tax base under
chapter 473F must be excluded.
The auditor shall compute the mill rates of taxes
against such the original certified valuation but. The
auditor shall also extend such the rates also against
any incremental value and remit increased valuation. The
auditor shall then send the resulting tax increment to the port
authority in the same manner as that provided for the
computation and remittance of tax increments under. The
procedure to be used for computing and sending the increments is
in section 462.585, subdivisions 2 and 3.
The port authority shall segregate keep tax increments
received with respect to any such for a property district in a
special account on its official books and records. Such
The auditor shall send the tax increments shall be remitted
to the port authority until the cost including interest of
redevelopment of the marginal land property within the district,
including interest thereon, has been fully reimbursed from the
tax increments. When such full reimbursement has been made, it
shall be reported by The port authority shall report to the
county auditor, who when the cost is fully reimbursed. After
that the auditor shall thereafter include compute and extend the
tax mill rates against the entire assessed valuation of the
property in the assessed valuations upon which tax mill rates
are computed and extended and send the taxes are remitted to all
taxing districts. Any part or all of such tax, if so directed
by The port authority's city council, shall may direct that part
or all of the tax collected from the property be pledged and
appropriated for the payment of any to pay general obligation
bonds of the port authority. Increases in the value of such
property, subsequent to certification of the base for computing
the tax increment therefrom, shall not be included After the
auditor has certified the base valuation used to compute tax
increments and while the tax increment is kept in a separate
account, the auditor must not include increases in the valuation
of the property in the assessed valuation of any a taxing
district for the purpose of computing any to compute its debt or
levy limitation limit or to compute the amount of any its
state or federal aid to the taxing district, so long as the tax
increment therefrom is segregated under the provisions of this
section. The provisions of This subdivision shall does not
apply with respect to any a project, unless the port authority
requested a certification of which is requested subsequent to on
the project before August 1 2, 1979.
Subd. 13. [FOREIGN TRADE ZONE.] It The port authority may,
by itself, or in association with another port authority apply
to the board defined in 19 U.S.C. United States Code, title 19,
section 81a, for authorization to exercise the right to use the
powers provided for in 19 U.S.C. United States Code, title 19,
sections 81a to 81u, and may upon receiving authorization
exercise those powers. If the right is granted, the authority
may use the powers. One authority may apply with another port
authority.
Subd. 14. [WINONA MEANING.] Wherever For the Winona port
authority is authorized to use its powers for industrial
development or the establishment of industrial development
districts, and wherever the term when "industrial" is used with
relation to such purposes pursuant to in the context of
industrial development district under this chapter, the term or
terms shall be understood to include and encompass the
terms "industrial" or "industrial development"
includes "economic" and or "economic development."
Subd. 15. [RELATION TO CHAPTER 474.] It The port authority
may exercise and apply any and all of the powers and
duties assigned to of a redevelopment agencies pursuant
to agency under chapter 474, in order to further any of the
purposes and objectives of for a purpose in sections 458.09 to
458.1991 and or sections 462.411 to 462.705, and. The port
authority may also exercise and apply any and all of use the
powers and duties set forth in sections 458.09 to 458.1991 and
sections 462.411 to 462.705, in order to further the purposes
and policies set forth for a purpose in chapter 474.
Subd. 16. [PARKING AND THE LIKE.] It The port authority
may operate and maintain a public parking or other public
facility to promote development in a development district.
458.193 [PORT'S CITY-BACKED BONDS, ISSUANCE FOR CASH FLOW.]
Subdivision 1. [POWER; PROCEDURE.] In anticipation of the
receipt by the port authority of payments, appropriations, rents
and profits and of income from any other source and for the
purpose of securing funds as needed by such port authority for
the payment of the cost of property acquired and for other
purposes as herein authorized, the A port authority is hereby
authorized to may issue bonds in such the principal amount as
shall be authorized by the governing body of the city of the
first class in which such port authority is situated its city's
council. Such The bonds may be issued in anticipation of income
from any source. The bonds may be issued: (1) to secure funds
needed by the authority to pay for acquired property or (2) for
other purposes in sections 458.09, 458.10, and 458.191 to
458.1991. The bonds shall must be in such the amount and form
and bear interest at such the rate as the said governing body of
such set by the city of the first class shall prescribe and
shall be sold by such port council. The authority shall sell
the bonds to the highest bidder therefor after. The authority
shall publish notice of the time and the place for the receiving
of the bids has been published once at least two weeks prior to
the date of receiving bids before the bid deadline. Except as
otherwise provided in Laws 1957, Chapter 812, the issuance of
the bonds herein authorized by such port authority shall be
governed by provisions of Minnesota Statutes Sections 458.09 to
458.1991 govern issuance of the bonds. When those sections are
silent, chapter 475, and such governs. The port authority when
issuing such the bonds shall be deemed to be embraced within the
meaning of the term "is a municipal corporation" as said term is
used in Minnesota Statutes, under chapter 475. Notwithstanding
any provision to the contrary included within the charter of any
such city or any general or special law of the state of
Minnesota, such bonds may be issued and sold without submission
of the question thereof to the electors of such city of the
first class, provided, however, that the ordinance of the
governing body of such city authorizing issuance of such bonds
by such port authority shall be subject to any provisions in the
charter of such city pertaining to the procedure for referendum
of ordinances enacted by such governing body.
Subd. 1a. [OUTSIDE DEBT LIMIT.] Any such Bonds issued
by any such the port authority of any such city of the first
class shall must not be included in computing the net
indebtedness debt of such its city of the first class under
any applicable law or charter provision. The receipt and
expenditure of any moneys Money received hereunder shall under
this section must not be included within the definition of any
limitation imposed on in a per capita person limit on taxing or
spending in the port authority's city's charter of any such city
of the first class, and such exemption from such limitation
shall apply to such port. The authority is also exempt from the
limit. The taxing powers granted to cities of the first class
in connection with Laws 1957, Chapter 812, in any manner shall
be in addition to all taxing powers now possessed by them.
Subd. 2. [DETAIL; MATURITY.] Such bonds shall be of such
The port authority with the consent of its city's council shall
set the date, denominations, place of payment, form and details
as may be determined by the port authority with the consent of
the governing body of such city of the bonds. The bonds shall
must mature serially,. The first installment to fall is due
in not more than three years and the last in not more than 30
years from the date of issuance.
Subd. 3. [SIGNATURES; COUPONS; LIABILITY.] The bonds shall
must be signed by the chairman president of the port authority,
be attested by the its secretary, and be countersigned by
the its treasurer, said officers to be elected annually by. The
members of the port authority, and shall elect these officers
annually. The interest coupons shall must be attached thereto
and to the bonds. The coupons must be executed and
authenticated by the printed, engrossed or lithographed
facsimile signature of chairman the port authority's president
and secretary. Such The bonds shall do not impose any personal
liability upon any on a member of the port authority.
Subd. 4. [PLEDGE.] The bonds shall must be secured by the
pledge of the full faith, credit and resources of the issuing
port authority's city of the first class in which said port
authority has been created. Said The port authority is hereby
authorized to may pledge such the full faith, credit and
resources of said the city only upon the specific authorization
of the governing body of said if the city that said port
specifically authorizes the authority may so to do so.
The propriety of the issuance of bonds in any specific city
council must first decide whether the issuance of the bonds by
the authority is proper in each case and the amount thereof
shall be a matter of decision for such governing body in the
first instance if so, what amount of bonds to issue. The city
council shall give specific consent in an ordinance to the
pledge of such the city's full faith, credit and resources of
the city of the first class shall be conclusively presumed from
formal action of the governing body of such city, taken by
ordinance. Such bonds shall be paid, both in The port authority
shall pay the principal amount thereof of the bonds and the
interest thereon, by the port authority on it from tax levies as
hereinafter provided for the purpose of repayment, the earnings
and all income received by such port taxes levied under this
section to make the payment or from authority income from
whatever any source it may be derived.
Subd. 5. [TAX LEVY.] Such A port authority, upon issuing
any that issues bonds under the provisions of this section,
shall, before the issuance thereof issuing them, levy a tax for
each year, until the principal and interest are paid in full, a
direct annual tax on all the taxable property in the authority's
city in which such authority has been created in an amount not
less than. The tax must be for at least five percent in excess
of the sum more than the amount required to pay the principal
and interest thereof when and on the bonds as such the principal
and interest mature. The tax must be levied annually until the
principal and interest are paid in full. After any such the
bonds have been delivered to the purchasers, such the tax shall
be irrepealable may not be repealed until all such
indebtedness the debt is paid, and. After the issuance of
such bonds no further are issued, the port authority need not
take any more action by the port authority shall be necessary to
authorize the extensions, assessments and collection of
such extending, assessing and collecting the tax. The
authority's secretary of the authority shall forthwith
furnish immediately send a certified copy of such the levy to
the county auditor of the county in which the authority and city
are located, together. The secretary shall send with the copy
full information regarding on the bonds for which the tax is
levied and such for. The county auditor shall extend and assess
the levied tax so levied, and shall do so annually until the
principal and interest have been are paid in full. Any The port
authority shall transfer the surplus resulting from the excess
levy herein provided for shall be transferred in this section to
a sinking fund after the principal and interest for which the
tax was levied and collected has been is paid; provided that.
The port authority may, on or before October 15 in any year, by
appropriate action cause direct its secretary to certify send a
certificate to the county auditor the amount on hand and before
October 15 in a year. The certificate must state how much
available in its own treasury from earnings or other income
including the amount in the sinking fund which it the authority
will use to pay principal or interest or both on each specified
issue of its the authority's bonds and. The county auditor
shall then reduce the bond levy for that year herein provided
for by that amount. The amount of funds so certified shall be
set aside by The port authority and be used for no other shall
then set aside the certified amount and may not use it for any
purpose than for the payment of except to pay the principal and
interest on the bonds. All The taxes hereunder in this section
shall be collected and remitted sent to the port authority by
the county treasurer in accordance with the provisions of under
the law governing the on collection of other taxes and shall.
The taxes must be used solely for the payment of only to pay the
bonds when due.
Subd. 6. [AUTHORIZED SECURITIES.] Bonds legally issued
pursuant to under this chapter 458, shall be deemed are
authorized as securities within the provisions of Minnesota
Statutes, under section 50.14, and shall be proper for the
investment therein by any. A savings bank or, trust
company, or insurance company, or sinking funds held by any may
invest in them. A public or municipal corporation, and may
invest its sinking funds in them. The bonds may be pledged by
any a bank or trust company as security for the deposit of
public moneys therein money in lieu place of a surety bonds
bond.
The authority's bonds shall be deemed and treated as are
instrumentalities of a public governmental agency.
[458.1931] [CITY TAXES FOR PORT: BEYOND 1957 TAX POWER.]
A port authority city's power to tax under sections 458.09
to 458.1991 is in addition to taxing powers the city had on
April 28, 1957.
458.194 [REVENUE BONDS, ISSUANCE; PLEDGE; COVENANTS.]
Subdivision 1. [POWER.] The A port authority is hereby
authorized and empowered to provide may decide by resolution for
the issuance at one time, or in series from time to time, of to
issue its revenue bonds of the authority for the purpose of
providing funds for paying the cost of the acquisition of either
at one time or in series from time to time. The revenue bonds
may be issued to provide money to pay to acquire land necessary
for the operations of the port needed to operate the authority,
for the to purchase, construction construct, installation
install, or furnishing of furnish capital equipment and
operation of any to operate a port terminal, transportation, or
industrial facilities, including but not limited to docks,
wharves, warehouses, piers, factories, plants, workshops, office
buildings and any other port terminal, transportation, or
industrial facility within facility of any kind in its
jurisdiction port district, or for paying the cost of any
extensions, enlargements or improvements of any to pay to
extend, enlarge, or improve a project under its control of the
authority. Revenue The issued bonds issued by the authority may
include such the amount as deemed the authority considers
necessary to establish an initial reserve for payment of to pay
principal and interest of on the bonds. Such The port authority
shall state in a resolution how the bonds, and any their
attached interest coupons to be attached thereto, shall are to
be executed in such manner as may be determined by resolution of
the port authority.
Subd. 2. [FORM.] The bonds of each series issued by the
port authority under the provisions of this section shall bear
interest at a rate or rates, shall mature at such the time or
times within 30 years from the date of issuance and shall be in
such form, whether payable to bearer, registrable as to
principal, or fully registrable, as may be determined by the
port authority. The provisions of Section 458.193, subdivision
6 shall apply to all bonds issued under this section, and the
bonds and their coupons, when payable to bearer, shall be
negotiable instruments.
Subd. 3. [SALE.] The sale of revenue bonds issued by the
port authority shall be at public or private sale. The bonds
may be sold in the manner and for the price that the port
authority determines to be for the best interest of the port
authority. The bonds may be made callable, and if so issued may
be refunded.
Subd. 4. [AGREEMENTS.] The port authority shall have the
power and authority may by resolution to enter into all
contracts, agreements and covenants make an agreement or
covenant with the holders of its revenue bonds, or with any
trustee for such bondholders, which are determined by it to be
necessary or their trustee. The port authority must first
decide that the agreement or covenant is needed or desirable for
the purposes of carrying out the powers and authority given to
the port authority to do what it may do under this section and
assuring the prompt payment and marketability of its to assure
that the revenue bonds are marketable and promptly paid.
Subd. 5. [REVENUE PLEDGE.] In the issuance of the revenue
issuing bonds herein provided, the under sections 458.09,
458.10, and 458.191 to 458.1991, the port authority shall have
the power and the authority to may secure the payment of the
principal and the interest on said revenue the bonds by a pledge
of and lien upon the revenues of such on port authority derived
revenue. The revenue must come from the facility and to be
acquired, constructed, or improved by the use of with the bond
proceeds of the bonds, and or from any other
facilities designated named in the bond-authorizing
resolutions authorizing such bonds, and the covenant of. The
port authority also may secure the payment with its promise to
impose, maintain, and collect sufficient enough rentals, rates
and charges, for all the use and occupancy of such the
facilities and for all services furnished thereby in connection
with the use and occupancy, to produce adequate revenues to pay
all its current expenses incurred by the port authority which
under accepted accounting principles are normal, reasonable, and
current costs of the operation and maintenance of such to
operate and maintain the named facilities, and to produce
and segregate put enough net revenue in a special fund net
revenues sufficient to meet the interest and principal
requirements of such the bonds, and to accumulate collect and
maintain such additional reserves as may be established in
said keep any more money required by the resolutions. The
authority shall decide what is current expense under this
subdivision based on what is normal and reasonable under
accepted accounting principles. No Revenues so pledged shall
by the port authority must not be used or pledged for any
other purposes of the port authority purpose or for the payment
of to pay any other bonds, whether issued under this section or
under section 458.193, except as unless the other use or pledge
is specifically authorized in such the bond-authorizing
resolutions.
Subd. 6. [NOT CITY DEBT.] Revenue bonds issued under the
provisions of this section shall not be deemed to constitute are
not a debt of the port authority's city of the first class in
which such authority is located and for which it has been
created, nor a pledge of the that city's full faith and
credit of any such city of the first class, but such. The bonds
shall be are payable solely only from the funds herein
provided therefor from revenues of the projects project revenue
as described in this section. All such A revenue bonds
shall bond must contain on the its face thereof a statement to
the effect that neither the port authority nor the and its named
city of the first class in which the port authority has been
created shall be obligated do not have to pay the same bond or
the interest thereon on it except from revenues, revenue and
that neither the faith and, credit nor the, and taxing power
of such the city of the first class is are not pledged to the
payment of pay the principal of or the interest on such
bonds the bond.
Subd. 7. [NOT APPLICABLE.] If revenue bonds are to be
issued under the provisions of this section and chapter 474, the
provisions of Section 474.01, subdivisions 7a, 7b, and 8 and
section 474.02, subdivision 1d, shall do not apply to revenue
bonds issued under this section and chapter 474 if the interest
on the revenue bonds is subject to both state and federal income
taxation tax or if the revenue bond proceeds are not loaned by
the port authority to a private person through a financing
lease, loan agreement or otherwise.
458.1941 [SECTIONS THAT APPLY IF FEDERAL LIMITATION ACT
LIMIT APPLIES.]
Sections 474.16 to 474.23 apply to any issuance of
obligations under chapter 458 which are subject to limitation
under issued under chapter 458 that are limited by a federal
limitation act as defined in section 474.16, subdivision 5.
458.195 [ADDITIONAL POWERS MAY STUDY, HIRE, PAY, BORROW,
LEND, DEVELOP, BE AGENT.]
Subdivision 1. [AS AGENT.] A port authority shall have the
further power and authority to may cooperate with or act as
agent for the federal or the state government, the state or any
a state public body, or any an agency or instrumentality of
the foregoing, a government or a public body to carry out the
purposes of Laws 1957, Chapter 812, sections 458.09 to 458.1991
or of any other related federal, state or local legislation
operative within law in the area of river, harbor and industrial
development district improvement.
Subd. 2. [STUDIES, ANALYSIS, RESEARCH.] Such A port
authority shall have the authority to carry out studies and
analyses of the may study and analyze industrial development
needs within its area of operation in its port district, and of
meeting those ways to meet the needs; to. A port authority may
study the desirable patterns for industrial land use and
community growth and other factors affecting the development of
local industrial development within in the district and make the
result of these the studies available to the public and to
industry in general; to. A port authority may engage in
research and disseminate give out information on river, harbor
and industrial development within in the port district.
Subd. 3. [PAY.] Each A commissioner, including the
chairman president, shall must be paid for attending meetings
of the $35 for each regular or special port authority, regular
and special, $35 per meeting attended.
Subd. 4. [EMPLOYEES.] Such A port authority shall have the
power to hire and may employ all personnel necessary or contract
for the personnel needed to carry out its program and the
responsibilities placed upon it by Laws 1957, Chapter 812,
including under sections 458.09 to 458.1991. Specifically, an
authority may hire a chief engineer for its engineering needs
and a general counsel to serve the engineering and legal needs
of such authority, the latter to be for its legal needs. The
general counsel is the chief legal advisor to such the authority.
Subd. 5. [ACCEPT PUBLIC LAND.] Such A port authority shall
have the power to may accept conveyances of land from all other
public agencies, commissions or other units of government,
including the Housing and Redevelopment Authority of the City of
Saint Paul and the state Metropolitan Airports Commission of the
State of Minnesota, if such the land can be properly utilized
used by such the port authority in any a river, harbor and
industrial development district, to carry out the purposes
of Laws 1957, Chapter 812 sections 458.09 to 458.1991.
Subd. 6. [INDUSTRIAL DEVELOPMENT.] It shall have the power
in carrying A port authority may carry out the provisions for
which said law on industrial development district has been
created, districts to develop and improve the lands within
such in an industrial development district to make the same it
suitable and available for industrial uses and purposes; to. A
port authority may dredge, bulkhead, fill, grade and protect
such the property; to and do any and all things anything
necessary and expedient, after the acquisition of such acquiring
the property to put the said property in such condition as is
necessary and expedient, to make it suitable and attractive
as an industrial a tract for industrial development thereon; to
execute leases of such. A port authority may lease some or all
of its lands or property or any part thereof; to establish and
may set up local improvement districts within such in all or
part of an industrial development district which may, but need
not be, coextensive with the boundaries thereof and generally to
exercise,.
In general, with respect to and within such an industrial
development districts district, a port authority may use all the
powers now or hereafter conferred by law upon given a port
authorities of cities of the first class authority by law.
Subd. 7. [AS BORROWER.] A port authority shall have the
further power, after the authorization of authorizing bonds
pursuant to under section 458.193 or section 458.194, may
borrow to provide funds money immediately required for the bond
purpose and. The loans may not exceeding exceed the amount
of such the bonds, by effecting temporary loans upon such terms
as it. The authority shall by resolution determine, decide the
terms of the loans. The loans must be evidenced by negotiable
notes due in not exceeding not more than 12 months from the date
thereof, of the loan payable to the order of the lender or to
bearer, to be repaid with interest from the proceeds of such the
bonds when the bonds are issued and delivered to the purchaser
thereof bond purchasers. No such The loan shall must not be
obtained from any commissioner of the port authority or from any
corporation, association, or other institution of which a port
authority commissioner is a stockholder or officer.
Subd. 8. [AS LENDER.] The proceeds of obligations issued
by a port authority under section 458.194 and temporary loans
obtained under this section in connection with them may be used
to make or purchase loans for port, industrial or economic
facilities which that the authority estimates believes will
require financing. For the purpose of making or purchasing To
make or purchase the loans, the port authority may enter into
loan agreements and other related agreements, both before and
after the issuance of issuing the obligations, with persons,
firms, public or private corporations, federal or state
agencies, and governmental units and under terms and conditions
as the port authority deems considers appropriate. Any A
governmental unit in the state may apply, contract for and
receive the loans, and the provisions of. Chapter 475 shall
does not apply to the loans.
458.196 [SALE OF PROPERTY.]
Subdivision 1. [POWER.] When a port authority deems it for
the best interests of the district and the people thereof and in
furtherance of its general plan of port improvement, or
industrial development, or both, it A port authority may sell
and convey any property or part thereof owned by it within a
port or industrial district. First, the port authority must
decide that the sale and conveyance are in the best interests of
the district and its people, and that the transaction furthers
its general plan of port improvement, or industrial development,
or both. This section shall is not be limited by other laws
pertaining to law on powers of port authorities.
Subd. 2. [NOTICE; HEARING.] The A port authority shall
give hold a hearing on the sale. At the hearing a taxpayer may
testify for or against the sale. At least ten, but not more
than 20, days before the hearing the authority shall publish
notice of the hearing on the proposed sale by publication in a
newspaper. The newspaper must be published and of general
circulation in the port authority's county and port district at
least ten days before the date fixed for the hearing thereon.
The notice shall must describe the property to be sold and state
that the terms and conditions of the sale are available for
public inspection at the office of the port authority and that
at the time and place specified in the notice the authority will
meet to hear and determine the advisability of the sale. The
hearing shall be held not more than 20 days from the publication
of notice. At the hearing the authority shall hear the reasons
of any taxpayer in the port district for or against the sale of
the hearing. The notice must also state that the public may see
the terms and conditions of the sale at the authority's office
and that at the hearing the authority will meet to decide if the
sale is advisable.
Subd. 3. [DECISION; APPEAL.] Within 30 days after the
hearing, The port authority shall make its findings and
determination decision on the advisability of making whether the
sale is advisable and enter its determination decision on its
records within 30 days of the hearing. Any A taxpayer may
appeal the determination of the authority decision. The appeal
is made by filing a notice of appeal with the district court of
the in the port or industrial district's county in which the
district is located, and serving the same upon notice on the
secretary of the port authority, within 20 days of the entry of
the determination but no appeal shall be allowed except on after
the decision is entered. The grounds only ground for appeal is
that the action of the authority was arbitrary, capricious, or
contrary to law.
Subd. 4. [TERMS.] The terms and conditions of sale of any
the property shall must include the use which that the bidder
will be permitted allowed to make of it. The authority may
require the purchaser to file security as assurance to assure
that the property will be used for given that purpose use.
In determining deciding the sale terms and conditions the port
authority may consider the nature of the proposed use and the
relation thereof of the use to the improvement of the harbor,
the riverfront and the port authority's city of the first class
and the business and the facilities of the port authority in
general. All sales shall The sale must be made upon such on the
port authority's terms and conditions as the port authority may
prescribe. In any case The port authority may place property on
the market for sale upon publish an advertisement for bids
published on the property at the same time and in the same
manner as and simultaneously with the notice of hearing required
in this section, and. The authority may award the sale in
accordance with to the bid deemed considered by it to be most
favorable having regard to considering the price and the
specified intended use specified, but. The port authority shall
have the power to also may sell said properties the property at
private sale at a negotiated price if such after its hearing the
authority considers that sale is deemed to be in the public
interest by the port authority and in furtherance of to further
the aims and purposes of sections 458.09 to 458.1991, after
hearing as herein required.
Subd. 5. [ONE-YEAR DEADLINE.] The purchaser shall, within
one year from the date of the purchase, devote the property to
its intended use, or shall commence begin work on the
improvements thereon to the property to devote it to such that
use, and. If he the purchaser fails to do so, the port
authority may cancel the sale and title to the property
shall revert return to it. Extension of The port authority may
extend the time to comply with such a condition may be granted
by the port authority on if the purchaser has good cause shown
by the purchaser. The terms of sale may contain any other
provision by the port authority which it deems provisions that
the port authority considers necessary and proper to protect the
public interest. No A purchaser shall must not transfer title
to such the property within one year of purchase without the
consent of the port authority.
Subd. 6. [COVENANT RUNNING WITH THE LAND.] All sales A
sale made in accordance with the provisions of under this
section shall have incorporated in the instrument of conveyance
of title must incorporate in the deed as a covenant running with
the land the conditions of sections 458.09 to 458.1991 relating
to the use of the land as a covenant running with the lands.
Any violation of such If the covenant shall result in a right by
is violated the authority to may declare a breach of the
covenant running with the land and seek a judicial decree from
the district court declaring a forfeiture and a cancellation
of any deed so given the deed.
Subd. 7. [PLANS; SPECIFICATIONS.] No A conveyance shall
must not be made until the purchaser shall have submitted
to gives the port authority plans and specifications for the
development of to develop the property sold, and said. The port
authority must approve the plans and specifications shall be
approved in writing. However, nothing herein shall require The
preparation of final plans and specifications before the hearing
on the sale, unless so directed by is not required by this
subdivision but the port authority may make that requirement.
458.197 [ADVANCES OF MONEY BY PORT AUTHORITY.]
Such A port authority is hereby granted the power to may
advance its general fund moneys money or its credit, or both,
without interest, to accomplish for the objects and purposes of
sections 458.191 to 458.1991, which. The advances shall must be
repaid from the sale or lease, or both, of such developed or
redeveloped lands, provided,. If the money advanced for such
the development or redevelopment was obtained from the sale
of the port authority's general obligation bonds of the port
authority, then such the advances shall bear a rate of interest
must have not less than the average annual interest rate that is
on the port authority's general obligation bonds of the port
authority which that are outstanding at the time such the
advances are made. Nothing herein shall prevent The port
authority from advancing the may advance repaid money so repaid
for the accomplishment of further for more objects and purposes
authorized by such laws, of sections 458.191 to 458.1991 subject
to repayment in the same manner. Nothing herein shall affect or
impair the obligation of The port authority to must still use
rentals of lands acquired with advanced money so advanced to
accumulate collect and maintain reserves securing to secure the
payment of principal and interest on revenue bonds issued to
finance port or industrial facilities, when such if the rentals
shall have been pledged for this that purpose in accordance with
under section 458.194. Nothing herein shall require the
reimbursement of Advances made for the acquisition of to acquire
lands and the construction of to construct facilities for
recreation purposes when if authorized by law need not be
reimbursed under this section. Nothing contained in the
provisions of Minnesota Statutes 1961, Sections 458.09 to
458.1991, as amended, shall be construed as exempting do not
exempt lands leased from the port authority to a tenant or
lessee who is a private person, association, or corporation
entity from responsibility or liability for payment of
assessments or taxes levied or assessed against such the leased
property whenever such lease expressly provides that the tenant
or while the lessee shall be is liable for the assessments or
taxes or assessments levied or assessed against such property
during the term of such under the lease or any extension thereof.
458.198 [DETERMINATION OF PROPERTY AS MARGINAL LANDS
FINDING LAND IS MARGINAL IS PRIMA FACIE EVIDENCE.]
The determination A port authority decision that property
sought by eminent domain proceedings it seeks is marginal lands
as herein defined is a judicial question, provided that a duly
adopted resolution of the authority of the port district that
the property sought is marginal lands as the term is herein
defined, setting forth the characteristics of the lands sought
to be acquired which constitute the marginal lands as herein
defined, shall be under section 458.19 is prima facie
evidence that such land is marginal lands as defined in Laws
1957, Chapter 812 in eminent domain proceedings that the
property is marginal. To be prima facie evidence: (1) the
decision must be made in a resolution, and (2) the resolution
must state the characteristics that the authority thinks make
the property marginal.
458.199 [PORT CITY OF FIRST CLASS MAY LEVY TAXES FOR
BENEFIT OF PORT AUTHORITY.]
To enable such A port authority authority's city may levy a
tax to be spent by and for its port authority. If levied, the
tax must enable the port authority to carry out efficiently and
in the public interest to carry out the aims and purposes of
Laws 1957, Chapter 812, in the creation and development
of sections 458.09 to 458.1991 to create and develop industrial
development districts as herein provided, any such city of the
first class in which such port authority has been created and is
existing shall have the power, upon request of such port
authority and in addition to all other powers now possessed
thereby, and in addition to and in excess of any limitation upon
the amount it is otherwise permitted by law to levy as taxes, to
levy taxes for the benefit of and for expenditure by such. The
port authority, not exceeding must request the tax levy. In any
one year an amount equal to the levy must not be for more than
7/60 of one mill upon the on each dollar of the assessed
valuation thereof, upon all the of taxable property in such the
city, excluding money and credits; and any money levied for such
purpose shall be paid over by. The county treasurer to the
treasurer of shall pay the money levied to the port authority
for expenditure by it as in its judgment best serves the public
interest in the carrying on and the execution of treasurer. The
money may be spent by the authority to do its duties in the
creation and development of such to create and develop
industrial development districts. In spending the money the
authority must judge what best serves the public interest. The
levy herein provided shall be in this section is in addition
to that provided for in Minnesota Statutes, the levy in section
458.14. The city may disregard any levy limit in law to make
the levy in this section.
458.1991 [POWERS AS TO WORK, LABOR AND SUPPLIES REPEALED
BID LAW APPLIES; USE OF CITY PURCHASING.]
Subdivision 1. [REPEALED LAW.] The provisions of Minnesota
Statutes 1957, section 15 of Chapter 341, Laws of the State of
Minnesota for 1933, shall apply to all 445.15, although
repealed, applies to construction work and every purchase to
purchases of equipment, supplies, or materials necessary in
carrying needed to carry out the provisions of Laws 1957,
Chapter 812 sections 458.09 to 458.1991. The powers there
granted to, and the duties imposed upon the board of trustees of
the corporation therein referred to are hereby granted to and
imposed upon
The members of any such a port authority have the powers
and duties of the board of trustees in repealed section 445.15.
Subd. 2. [CITY PURCHASING.] The A port authority is hereby
given the power and authority to may use the facilities of the
its city's purchasing department of any city of the first class
in which such port authority is created and existing in
connection with construction work and every to purchase of
equipment, supplies, or materials, as such port authority sees
fit to use such facilities.
PUBLIC WATER HIGHWAYS IN CITIES OF FIRST CLASS
458.20 [LAND COVERED BY WATER CONDEMNED CITY MAY CONDEMN
WATER-COVERED LAND FOR SLIPS.]
Each A city of the first class may acquire by eminent
domain any land within covered with water or an easement in the
land in the city covered with water, or an easement therein,
connecting. The water-covered land must connect with or
adjacent to be near public navigable waters water other than
adjacent nearby rivers within in or adjacent to such near
the city, which shall be declared by. The city council must
first declare by resolution necessary to that the land must be
taken, damaged, injured, or destroyed for the purpose of laying
out, opening, making, deepening, widening, or otherwise
improving to open, to lay out, or to improve a slip or other
waterway. The taking may include damage, injury, or destruction
to the water-covered land. The slip or waterway must lead into
or connecting connect with such the public navigable waters
water.
458.21 [TO CONDEMNED LAND MUST BE HELD FOR PUBLIC WATER
HIGHWAY.]
When any land covered with water or an easement therein
shall be acquired by any city pursuant to the provisions of
sections 458.20 to 458.23 such Land shall thereafter acquired
under section 458.20 must be held for use as and for a public
water highway for the travel by, and the
accommodations accommodation and passage of boats, steamships,
vessels, and water craft of all kinds.
458.22 [PROCEEDINGS CITY TO ACT AS CITY GETTING BUILDING
LINE EASEMENT.]
The land covered with water or an easement therein
specified in When a city council acts to acquire land or an
easement in land under section 458.20 may be acquired by
proceedings to be conducted by the council in the manner
provided by sections 463.01 to 463.07 enabling municipalities to
establish and acquire a building line easement along streets,
highways, parks, and parkways, and the council in any such city
shall, under sections 458.20 to 458.23, exercise all the powers
and perform all the duties imposed in, it must act the way a
city council does under sections 463.01 to 463.07 on the
governing body mentioned therein.
458.23 [LAND OR EASEMENT TO VEST IN CITY.]
Upon the conclusion of the proceedings and the payment of
the awards the several tracts of land shall be deemed to be
taken and appropriated for the purposes of sections 458.20 to
458.23 and such. The city's taking and appropriation of the
land for the purposes of sections 458.20 to 458.23 occurs when
the proceedings are over and the awards are paid. At that time
the land or the easement therein in the land for these those
purposes shall vest vests absolutely in the condemning city in
which the land is situate.
HARBORS, AND WHARVES IN CITIES OF THE FIRST CLASS
458.24 [LAND MAY BE CONDEMNED FOR HARBORS AND WHARVES
CONDEMNED.]
Subdivision 1. [POWER.] Any A city of the first class in
this state shall have the right, power, and authority to may
condemn lands under the right of eminent domain for harbors,
wharves, boat-landings, and such for the required canals and
approaches thereto as may be required to them and the right,
power, and authority to may levy taxes for the purpose of
raising moneys required for the payment of to pay damages and
other expenses arising in or out of such of the condemnation
proceedings; such power and authority to condemn land shall be
exercised. The condemnation must be done under and pursuant to
the terms and provisions of chapter 117.
Subd. 2. [ENTRY.] Any such The city shall have the right,
upon the after filing of and giving notice of the filing of the
award of the commissioners provided for in chapter 117 and upon
giving the notice therein required of the filing of such award
to under chapter 117, may enter upon on and appropriate
the condemned land so condemned without the giving of any a
bond, but in case of such. If the entry and appropriation are
made, such the city shall be bound is absolutely bound to
pay all damages awarded either by the commissioners or by the
court upon on appeal therefrom, together with all and the costs
and expenses adjudged assessed against it therein, within the
time specified in chapter 117. The payment must be made within
the time limit in chapter 117.
Subd. 3. [NO APPEAL BOND.] In case any such If the city
shall appeal appeals from the commissioner's award of the
commissioners appointed pursuant to such condemnation
proceedings such, the city shall not be required to need not
give or file any an appeal bond therein.
458.25 [PUBLIC LANDINGS, BUILDING AND OPERATING WHARVES
, AND DOCKS; CONSTRUCTION, MAINTENANCE; RATES; CHARGES USER
FEES.]
Subdivision 1. [POWERS.] Any home rule charter A city of
the first class may:
(1) establish, construct, maintain, and operate public
landings, public wharves and docks, and transfer railroad
tracks, and loading, unloading, transfer and storage facilities,
either within or without such in or out of the city;
(2) acquire by condemnation or otherwise, all riparian or
other lands, riparian or otherwise and other rights and
easements necessary needed for such purposes a purpose in clause
(1) and construct, maintain, and operate all necessary the
buildings and warehouses needed for that purpose;
(3) lay and collect reasonable duties or wharfage fees on
vessels coming to or using the landings, wharves or docks;
(4) regulate the manner use of using other wharves and
docks within in the city and the rates of wharfage to be paid by
vessels using the same them;
(5) dredge or deepen the harbor or river or any a branch or
portion thereof of it;
(6) prescribe make and enforce reasonable rules and
regulations for the protection and use of its properties whether
within or without in or out of the city and impose and enforce
adequate penalties for the violation of such the rules and
regulations.
Subd. 2. [CHAPTER 117 APPLIES.] Proceedings in eminent
domain for the purposes of Condemnation under this section shall
must be conducted done under and pursuant to the provisions of
chapter 117. The powers granted in this section are in addition
to all existing powers of such cities.
LEVEES IN CITIES OF FIRST CLASS
458.32 [CITY MAY GET LEVEES ON NAVIGABLE STREAM WHEN IF
CHANNEL CHANGED MOVED.]
Subdivision 1. [POWER.] Any A city of the first class in
this state shall have the power to may acquire and hold in fee
simple, levees by purchase or condemnation, and may hold them.
The levees must not exceeding be more than 200 feet in width
wide and may be on either side or both sides of any a navigable
stream within the limits of such in the city. The levees may be
acquired when the stream's channel thereof is altered or changed
by or under the authority of the United States federal
government and.
Subd. 2. [USE.] The city may set aside such portions part
of these the levees when acquired as the public needs may
require for use for public travel and. The city may devote
the remainder thereof to such rest of the levees to uses as the
city council of the city shall deem considers for the best
interests of the city, or as allowing for any required use by
the United States federal government.
458.33 [ISSUANCE OF BONDS TO GET AND IMPROVE LEVEES.]
Any such A city of the first class may by ordinance adopted
by a two-thirds vote of all members elect of its entire council
issue and sell the bonds of such the city of the par value of
not exceeding more than $500,000 to aid in defraying help pay
the expense of acquiring and improving to acquire and improve
the levees mentioned described in section 458.32.
458.34 [LIMIT OF LEVY FOR BONDS; DEBT LIMIT WAIVED; TAX
LEVY.]
Subdivision 1. [BEYOND DEBT LIMIT.] The bonds authorized
by sections 458.32 to 458.35, or any portion thereof, may be
issued and sold by any such the city notwithstanding any
limitation contained in even if the sale results in the bonded
debt of the city exceeding a limit in its charter of such city
or in any in state law of this state prescribing or fixing any
limit upon the bonded indebtedness of such city, and.
Subd. 2. [PLEDGE, LEVY.] The full faith and credit of any
such the city shall must at all times be pledged for the
payment of any to pay the bonds issued under sections 458.32 to
458.35, and for the payment of to pay the current interest
thereon, and on the bonds. The city council of such city shall
each year include in the its tax levy a sufficient amount
to provide for the payment of such pay the interest as it
accrues and for the accumulation of to accumulate a sinking fund
for the redemption of such to redeem the bonds at their maturity.
458.35 [TERM OF BONDS; SALE.]
No such Bonds shall be issued by any such city for the
purposes mentioned in sections 458.32 to 458.34, to must not run
for a longer term than 30 years or bearing bear a higher rate of
interest than four percent per annum year, payable semiannually,
but. The city council shall decide the place of payment of the
principal and interest thereof on the bonds and the
denominations in which the same are issued shall be such as may
be determined by the council and of the bonds. The bonds may be
in the form of coupon bonds or registered certificates,
so-called. All of these The bonds shall must be signed by the
mayor, be attested by the city clerk and, be countersigned by
the city comptroller of the city issuing the same, and shall be
sealed with the city seal of such city; but. The signatures to
on the coupons, if any, attached to such the bonds, if any,
may be lithographed thereon. None of The bonds shall must not
be sold at less than their par value and plus accrued interest,
and then only. The bonds must be sold to the highest
responsible bidder therefor.
STONE ROCK QUARRIES, AND DOCKS IN CITIES
OF THE FIRST CLASS
458.36 [BONDS, ISSUANCE FOR QUARRIES AND DOCKS.]
Subdivision 1. [POWER; DETAILS.] The governing body of any
council of a city of the first class in this state, is hereby
authorized and empowered, for the purposes herein designated, to
a purpose in sections 458.36 to 458.40, may issue from time to
time as needed the negotiable bonds of the city to an a total
amount in the aggregate of not exceeding more than $500,000,
the bonds to be made in such denominations and payable at such
places and at such times, not exceeding ten years from the date
thereof, as may be deemed. The council shall decide what
denominations, place, and time of payment are best for the
bonds. The bonds must be paid within ten years of their issue
date. These The bonds to must be serial in form,.
One-tenth to must be retired each year after issue and to. They
must bear interest at a rate of not to exceed more than six
percent per annum year payable semiannually, with interest
coupons attached, payable at such the place or places as shall
be designated therein, and such governing body is further
authorized to named on them. The city council may also
negotiate and sell such the bonds from time to time to the
highest bidder or bidders therefor and upon on the best terms
that can be obtained for said the bonds.
Subd. 2. [PAR.] No such The bonds shall must not be sold
for a less amount than the their par value thereof and plus
accrued interest thereon on them.
Subd. 3. [CHARTER PREVAILS.] Sections 458.36 to 458.41
shall 458.40 do not supersede the provisions of the charter of
any city providing for the a city charter provision for a
voter's referendum of on ordinances passed by the governing body
to a vote of the electors of the city, nor with the provisions
of the council. The sections also do not supersede a city
charter of any city provision making the action of the council
subject to approval of a board of estimate and taxation, nor
with the provisions of any such charter prescribing or fixing a
particular method of authorization of such to authorize bonds.
458.37 [TAX LEVY FOR PAYMENT OF TO PAY BONDS.]
The full faith and credit of any such the issuing city
shall must at all times be pledged for the payment of any to pay
bonds issued under sections 458.36 to 458.41 458.40, and for the
payment of to pay the current interest thereon, and the
governing body of such city on them. The city's council shall
each year include in the its tax levy a sufficient amount for
the payment of such to pay the interest as it accrues.
No A tax levy shall need not be made if sufficient funds
exist in the special fund, called "the quarry and dock fund,"
herein created and described in section 458.39 contains enough
money to make the payment.
458.38 [ISSUE AND SALE OF BONDS.]
All Bonds issued under authority of sections 458.36 to
458.41 shall 458.40 must be sealed with the city seal of the
city issuing the same, signed by the mayor, attested by the city
clerk, and countersigned by the city comptroller or city auditor
of such city, except that. The signatures to on the coupons,
if any, attached to such the bonds, if any, may be
lithographed thereon. The sale of such bonds shall be made in
such manner and in such proportions of the whole amount
authorized by sections 458.36 to 458.41 and at such times as may
be determined by the governing body of such city council shall
decide the manner of the sale and how much to sell of the amount
authorized in sections 458.36 to 458.40.
458.39 [USE OF BOND PROCEEDS OF SALE OF BONDS; QUARRY AND
DOCK FUND.]
Subdivision 1. [PROCEEDS.] The proceeds of any and all
bonds issued and sold under authority of sections 458.36 to
458.41 shall 458.40 must be used for the following purposes, and
none other only: For acquiring to acquire by gift, purchase, or
condemnation, a site or sites containing rock and; to remove and
use the same rock for any a municipal purpose; and especially
for the construction of, especially to construct public grounds,
public docks, harbor terminals, and a breakwater for their
protection of the grounds, docks, and terminals; and to procure
get and pay for the necessary equipment of or machinery, tracks
, and labor required in the making of such to make the public
improvements; and to clear rock obstructions from public
highways adjacent to such near the public improvement sites from
rock obstruction.
Subd. 2. [QUANTITY OF ROCK.] Accurate account shall be
kept by The city department of such city having in charge the
operation of the removal and disposal removing and disposing
of the rock, of shall record the exact quantity amount of
such the rock or crushed rock manufactured therefrom, made from
it that is removed and used either by the city upon on its
highways, or sold to contractors for such the same use, or used
for use in making any other improvements, under city authority
or franchise.
Subd. 3. [QUARRY AND DOCK FUND.] If on its highways the
city uses this the rock, or crushed rock manufactured therefrom,
upon its highways made from it, then that the city department
of the city charged with maintenance of that maintains the
streets shall pay into a special fund of such city to be known
as the city's quarry and dock fund, an amount of money
equivalent equal to what it would fairly expend spend for such
the material if obtained elsewhere obtained in the city.
If such the rock is sold to contractors engaged in
construction of making public improvements in the city, or under
franchise from it the city, then the moneys so derived shall
likewise money must also go into the quarry and dock fund.
The moneys money in the fund shall must be used for payment of
only to pay interest on the bonds and for the retirement and
payment of to retire and pay the principal thereof and for no
other purpose of the bonds. Recourse to a A tax levy shall in
no case be had must not be levied unless there is a deficiency
in the special quarry and dock fund to pay such the interest or
principal.
If any a tax levy shall be necessary is needed to provide
for any make up for a deficit in this the quarry and dock fund,
the amount so levied shall must be restored paid to the
city's general fund of the city out of proceeds of such the
quarry and dock fund as soon as it is sufficient for such
purpose there is enough money in the quarry and dock fund to
make the payment.
458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER PROVISIONS NOT
AFFECTED SAYS SO.]
Nothing contained in sections 458.36 to 458.41 shall be
construed to repeal or modify the provisions of any If a charter
adopted pursuant to under the Minnesota constitution of the
State of Minnesota, article 4 IV, section 36, requiring has a
provision that requires the question of the issuance of bonds to
be submitted to a vote of the electors, the provision prevails
over sections 458.36 to 458.40.
CITIES' PUBLIC DOCKS
458.46 [CITIES MAY ACQUIRE GET AND FIX LAND FOR DOCKS; SET
FEES; REGULATE.]
The A city council of any city in this state may by a
two-thirds vote of all its members acquire by purchase or by
condemnation under chapter 117 lands, or lands covered with
water or buildings, for sites for public passenger docks for
passenger purposes. No The lands must be acquired by purchase
or by condemnation under chapter 117. A site for a public dock
shall must not be acquired unless a necessity therefor exists
and the council so determines decides by two-thirds vote of all
its members that the dock site is needed. The council may
improve sites acquired for public docks by the erection and
maintenance thereon of building and maintaining suitable
buildings and by the construction and maintenance thereon of
suitable piers, and it on the land. The city may by ordinance
provide for the regulation, control, and operation of such the
docks, buildings and piers, and fix charges fees for their use.
458.59 [SUBMERGED AND TAX FORFEITED LAND RECLAIMING WASTED
HARBOR LAND; SALE AND USE.]
Subdivision 1. [POLICY.] It is hereby determined and
declared that The use of any submerged, eroded, or depleted
tracts of land in harbors upon on navigable waters by any a
political subdivision of this state or by any a port authority
for the purpose of conserving, developing, reclaiming or
protecting such lands to conserve, develop, reclaim, or protect
the land so as to restore them to economic usefulness is a
public use conferring a public benefit.
Subd. 1a. [IF TAX-FORFEIT LAND.] The commissioner of
revenue is authorized to may transfer any of such tracts such a
tract forfeited to the state for taxes to any a political
subdivision of this state or port authority for such use a
purpose in subdivision 1 in accordance with the provisions of
Minnesota Statutes, section 282.01. Any A political subdivision
of this state or any a port authority acquiring such the lands
may conserve, develop, reclaim or protect them in any
manner deemed considered suitable by the its governing body.
Upon their being restored After restoring the lands to a state
of economic usefulness, any such the political subdivision or
port authority may put them to their own use use the lands
itself, or lease them upon such on any terms and conditions as
the governing body may see sees fit.
No such A lease shall of the lands must not be made and
entered into without the approval of the governor and the state
executive council.
Subd. 2. [SEAWAY HARBOR LAND.] State-owned tax-forfeited
riparian or submerged lands located in harbors upon on the Great
Lakes-St. Lawrence Seaway and lying within 1500 feet of the duly
established harbor line may be offered for sale or sold as
tax-forfeited land as allowed by under law; provided however,.
If such the lands lie within a port district which is subject to
the jurisdiction of a seaway port authority existing by virtue
of Minnesota Statutes, Sections 458.09 to 458.19, such the offer
for sale or sale shall must not be made without the approval by
resolution of such the seaway port authority and of the state
executive council of the state. The provisions of This
subdivision shall not amend, repeal or otherwise does not affect
Laws 1963, Chapter 827.
Provided further that If such the lands have been
developed, improved or used for business or development purposes
by persons, firms, or corporations who are using and occupying,
and who have used and occupied, said the property for business
or development purposes for at least two years prior to sale,
pursuant to under a lease with the state or a governmental
subdivision, then such the person, firm, or corporation shall
have has the right, on the first day set for sale by the county
auditor, to purchase said the property at 125 percent of the
appraised value.
In the event that any of the provisions of subdivision 2
render this section unconstitutional, that portion of
subdivision 2 shall be severable and of no effect.
PORT AUTHORITY OF THE CITY OF BLOOMINGTON
Sec. 2. Laws 1980, chapter 453, section 1, is amended to
read:
Section 1. [458.70] The city of Bloomington may establish
a port authority which shall have that has the same powers as a
port authority established pursuant to Minnesota Statutes, under
Section 458.09. If the city establishes a port authority, the
city shall exercise all the powers relating to the port
authority granted to a city by Minnesota Statutes, Section
458.09 or other law.
Sec. 3. Laws 1980, chapter 595, section 5, is amended to
read:
Sec. 5. [458.701] [CITY OF BLOOMINGTON HAS FULL PORT
AUTHORITY POWERS.]
The city of Bloomington is hereby granted may do all those
powers of that a port authority contained in Minnesota Statutes,
may do under chapter 458.
Sec. 4. Laws 1983, chapter 257, section 1, is amended to
read:
Section 1. [458.702] [BLOOMINGTON PORT AUTHORITY
ACQUISITION AUTHORITY REALTY FROM PUBLIC AGENCIES; PAY WITH
BONDS.]
Subdivision 1. [GET REALTY.] The port authority of the
city of Bloomington may lease or purchase and accept conveyances
a conveyance of real property from all other another public
agencies agency, commissions commission, or other units unit
of government, including the metropolitan sports facilities
commission, if the real property can be properly utilized by. To
get the property, the port authority to carry out must be able
to properly use it for the purposes of Laws 1957, chapter 812
sections 458.09 to 458.1991.
Subd. 2. [ISSUE BONDS.] The port authority may, with the
approval of the its city council, issue bonds as provided in
under section 458.193 for the purpose of paying the cost of
purchasing to pay for the real property.
Sec. 5. Laws 1984, chapter 548, section 9, is amended to
read:
Sec. 9. [458.703] [EXEMPTION TAX EXEMPT.]
Notwithstanding the provisions of Minnesota Statutes,
section 473.556, subdivision 6, or any other law, real property
conveyed to the port authority of the city of Bloomington by the
metropolitan sports facilities commission shall be is exempt
from taxation as provided in Minnesota Statutes, under sections
473.556, subdivision 4; and 459.192, subdivision 2.
SEAWAY PORT AUTHORITY OF DULUTH
Sec. 6. Laws 1975, chapter 326, section 1, is amended to
read:
Section 1. [458.711] [SEAWAY PORT AUTHORITY OF DULUTH; MAY
OWN, OPERATE, OR CONTRACT FOR VESSELS.] The Seaway Port
Authority of Duluth, in its own name, has authority to may
acquire, purchase, charter, lease, mortgage or otherwise own and
operate vessels as may be necessary or convenient, including.
The authority to may enter into joint vessel ownership contracts
or joint ventures with others, to contract with vessel owners
and operators, and to enter into such contractual relationships
as are necessary or convenient to the acquisition acquire,
purchase, charter, lease or operation of operate vessels. The
power granted by this section is supplementary to those granted
by Minnesota Statutes, Sections 458.09 to 458.19 and other laws
and shall be exercised coordinately with them.
Sec. 7. Laws 1963, chapter 827, section 1, is amended to
read:
Section 1. [458.712] [DULUTH; TAX FORFEITED LAND OLD LAW
DOES NOT APPLY TO MINNESOTA POINT.]
The provisions of the last paragraph of The following
quoted sentence from Minnesota Statutes 1961, section 458.59,
shall:
"No state owned tax forfeited land comprising riparian
lands or submerged lands within the harbor line as duly
established, and all such tax forfeited lands lying within
a distance of 1500 feet thereof, located in harbors upon
the Great Lakes-St. Lawrence Seaway shall be offered for
sale or sold to any private person, firm or corporation and
all such tax forfeited lands are hereby withdrawn from sale
to such private persons, firms or corporations."
does not apply to any such land located on Minnesota Point in
the city of Duluth which that is zoned residential under the
zoning ordinance of said the city, provided that approval shall
first be obtained from the Duluth city council, the St. Louis
county board, and the commissioners of the port authority of
Duluth. Before any such the land shall be is offered for
sale the city council, the county board, and the port authority
must approve the offering. No A sale or conveyance of such
the land shall must not include any riparian rights, and
such. The riparian rights shall be retained are kept by the
state.
Sec. 8. Laws 1959, chapter 699, section 4, is amended to
read:
Sec. 4. [458.713]
The amendments herein contained relating to the affairs of
seaway port authorities authority provisions of sections 458.16,
458.17, and 458.19 apply to the seaway port authority of
Duluth. As to said seaway port authority this law shall become
effective upon approval by resolution duly adopted by the
favorable vote of a majority of the commissioners of the
authority. As to any other seaway port authorities to which
this law may apply in the future, it shall become effective upon
like approval by resolution of the commissioners of that port
authority.
CITY OF GRANITE FALLS
Sec. 9. [458.72] [CITY HAS MOST CHAPTER 458 POWERS.]
The Granite Falls city council may use the powers of a
governmental agency or subdivision under chapter 458 except that
the council may not use the powers in section 458.193. The
powers must be used according to and for the purposes of Laws
1981, chapter 225.
CITY OF LAKE CITY HARBOR AND MARINA
Sec. 10. Laws 1965, chapter 344, as amended by Laws 1967,
chapter 10, section 1, is amended to read:
Section 1. [458.73] [LAKE CITY, CITY OF; MUNICIPAL HARBOR
POWER; FUND BY 40 YEAR CHAPTER 475 OBLIGATIONS.]
Subdivision 1. [FACILITIES.] The city of Lake City, by its
common council acting at the request of its waterfront board, is
authorized to may establish, acquire, construct, equip, lease,
operate, maintain, extend, and improve a municipal harbor and
marina at lake Pepin and on land adjacent thereto, and devote to
this purpose near the lake. Property now owned by the city;
including without limitation on October 21, 1965, may be used
for this purpose. The harbor and marina facilities may include
a harbor, docks and slips for watercraft, automobile parking
areas, bathing beaches, bath houses, trailer parks, picnic and
recreation areas, a harbor and marina office building,
concession facilities, other facilities, and all necessary
needed appurtenances for any of the facilities.
Sec. Subd. 2. [OBLIGATIONS.] To provide funds for capital
expenditures contemplated in section 1, including all incidental
expenses determined by the common council to be necessary or
proper in connection therewith and interest accruing on money
borrowed for this purpose during construction and for a
reasonable time thereafter, The city of Lake City, by its common
council acting at the request of its waterfront board, may sell
and issue special obligations of the city in an amount not to
exceed $600,000,. The obligations are to get money for capital
spending under subdivision 1, and for needed or proper expenses
incidental to the capital projects as determined by the council,
and for interest on money borrowed for the capital spending
during and for a reasonable time after construction. The
obligations are payable solely from the revenues to be derived
come from operation of its operating the municipal harbor and
marina. Such The obligations may mature at any time or times
within 40 years of their date of issue. Prior to the delivery
of Before the obligations are delivered the common council may
make such the pledges and covenants with respect thereto about
them as it may deem considers necessary or desirable, and. The
council may pledge to the payment thereof any part or all of the
revenues to be derived from ownership, lease, and operation of
any or all owning, leasing, and operating the facilities of the
municipal harbor and marina to pay the obligations.
Sec. Subd. 3. [CHAPTER 475 APPLIES.] Except as otherwise
provided herein, The obligations herein authorized in this
section shall be sold and issued in the manner prescribed by
Minnesota Statutes, under chapter 475.
Sec. 4. This act shall become effective upon its approval
by a majority of the members of the common council and by a
majority of the members of the waterfront board of Lake City,
and upon compliance with the provisions of Minnesota Statutes,
section 645.021.
CITY OF MINNEAPOLIS
Sec. 11. [458.74] [MAY USE CHAPTER 458 POWERS GRANTED BY
1980 LAW.]
The city of Minneapolis may exercise those powers of a
governmental agency or subdivision in chapter 458 granted to it
by Laws 1980, chapter 595.
Sec. 12. Laws 1979, chapter 303, article 10, section 16,
is amended to read:
Sec. 16. [458.741] [MINNEAPOLIS; CONTRACTS PORT OPERATOR
EXEMPT FROM BID LAW.]
Subdivision 1. If the city of Minneapolis contracts with a
corporation to operate a port facility, the corporation may
sell, purchase, or rent supplies, materials, or equipment, or
construct, alter, expand, repair, or maintain real or personal
property at such the facility without regard to the provisions
of Minnesota Statutes, section 471.345. This subdivision shall
apply section applies regardless of the source of funds
dispersed by the corporation.
CITY OF PLYMOUTH AS PORT AUTHORITY
Sec. 13. Laws 1984, chapter 397, section 1, is amended to
read:
Section 1. [458.75] [PLYMOUTH, FULL PORT AUTHORITY
POWERS.]
The governing body of the city of Plymouth city council may
exercise do all the powers of that a port authority provided
by Minnesota Statutes, may do under chapter 458 or other law.
CITY OF SAINT CLOUD AS PORT AUTHORITY
Sec. 14. Laws 1984, chapter 498, section 1, is amended to
read:
Section 1. [458.76] [ST. CLOUD; CITY HAS ALL POWERS OF
PORT AUTHORITY.]
The governing body of the city of St. Cloud city council
may exercise all the powers of do what a port authority provided
by Minnesota Statutes, may do under chapter 458.
PORT AUTHORITY OF THE CITY OF SAINT PAUL
Sec. 15. Laws 1971, Extra Session, chapter 35, section 7,
is amended to read:
Sec. 7. [458.77] [ST. PAUL PORT AUTHORITY MAY RUN; BOND
FOR RECREATION FACILITIES; APPROVAL.]
Subdivision 1. [GET, RUN, AND CONTROL.] Notwithstanding
any provision of law to the contrary, the port authority of the
city of St. Paul may plan for, acquire by condemnation,
purchase, or otherwise, construct, improve, operate, directly,
by lease or otherwise, and maintain parks and other recreation
facilities along navigable rivers and lakes within its port
district, and on lands abutting thereon, the rivers and lakes
and shall establish regulations controlling rules on the use
of such the rivers, lakes, parks and recreation facilities
either alone as such port authority or in cooperation with
the United States federal government or its agencies, the city
of St. Paul, the state of Minnesota and any, or an agency or
political subdivision thereof of the state.
Subd. 2. [NO POLICE POWER.] Such The port authority shall
does not have police power except as provided by sections 7
458.77 to 9 of this act, nor shall it 458.772.
Subd. 3. [CONSENT FOR CITY LAND.] The port authority must
not take lands owned, controlled, or used by the city of St.
Paul without consent of the governing body thereof; but city
council.
Subd. 4. [PORT JURISDICTION.] For all other recreation
purposes the port authority shall have has jurisdiction over the
use of all such the navigable rivers or lakes and all such the
parks and recreation facilities.
Subd. 5. [SPEND FOR; BONDS.] Said The port authority is
hereby authorized to expend may spend port authority moneys in
order money to carry out the powers and purposes set forth in
sections 7 458.77 to 9 of this act 458.772 and to issue bonds
therefor in accordance with the provisions of Minnesota
Statutes, for the purposes in sections 458.77 to 458.772
according to either section 458.193 or 458.194, as the case may
be.
Subd. 6. [CITY, COUNTY PLAN APPROVAL.] Said The port
authority shall, prior to taking action under sections 7 458.77
to 9 of this act 458.772, shall submit for approval plans for
the acquisition, improvement and operation of to acquire,
improve, and operate parks and recreation facilities along
navigable rivers and lakes within its port district to the city
of St. Paul and, further, shall submit such the plans for all
areas located within the county of Ramsey, whether located
within or without the port district, to said the county for
approval.
Sec. 16. Laws 1971, Extra Session, chapter 35, section 8,
is amended to read:
Sec. 8. [458.771] [REVENUE BONDS; SALE; RATE OF INTEREST.]
Notwithstanding any provision of law to the contrary, the
sale of such revenue bonds issued by said the port authority
pursuant to Minnesota Statutes, under section 458.194, shall be
at public sale pursuant to under section 475.60, or in
accordance with the procedures set forth in sections 474.01 to
474.13. Such The bonds may be sold in the manner and for the
price that the port authority determines to be for the best
interest of the port authority, but no such. A sale shall must
not be made at a price so low as to cause the average annual
rate of interest on the money received therefor from the sale to
exceed eight percent per annum, year computed by adding the
amount of the discount to the total amount of interest payable
on all obligations of the series to their stated maturity
dates. Such The bonds may be made callable, and. If so
issued as callable, the bonds may be refunded.
Sec. 17. Laws 1971, Extra Session, chapter 35, section 9,
is amended to read:
Sec. 9. [458.772] [RELATION TO MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT.]
Subdivision 1. [RECIPROCAL POWERS.] Notwithstanding
any provision of law to the contrary, the port authority of the
city of St. Paul, under the provisions of Minnesota Statutes,
sections 458.09 to 458.1991 and sections 7 458.77 to 9 of this
act shall be empowered to exercise and apply any and all of the
powers and duties assigned to 458.772, may do what a
redevelopment agencies pursuant to Minnesota Statutes, agency
may do or must do under chapter 474, in order to further any of
the purposes and objects of sections 458.09 to 458.1991 and
sections 7 458.77 to 9 of this act 458.772. Said The port
authority shall also be empowered to exercise and apply any and
all of may use its powers and duties set forth in Minnesota
Statutes, under sections 458.09 to 458.1991 and sections 7
458.77 to 9 of this act in order 458.772 to further the purposes
and policies set forth in Minnesota Statutes, of chapter 474.
Subd. 2. [POWERS ARE ADDITIONAL.] The powers and duties
provided for in sections 7 458.77 to 9 of this act 458.772
shall be in addition and supplemental to all the powers and
duties provided said of the port authority under the provisions
of Minnesota Statutes, sections 458.09 to 458.1991, and under
chapter 474.
Subd. 3. [INCLUDES ECONOMIC DEVELOPMENT.] Wherever such
The port authority is authorized to may use its powers for
industrial development or the establishment of to establish
industrial development districts, and wherever. If the term "
industrial" is used with in relation to such industrial
development purposes pursuant to Minnesota Statutes, under
chapter 458, such the term or terms shall be understood to
include and encompass the term includes "economic" and "
economic development".
Sec. 18. Laws 1983, chapter 110, section 1, is amended to
read:
Section 1. [458.773] [PORT AUTHORITY; REVENUE BONDS; FOR
PARKING AND CIVIC CENTER.]
Notwithstanding any contrary provision of law or charter,
the port authority of the city of St. Paul, under Minnesota
Statutes, sections 458.09 to 458.1991 and Extra Session Laws
1971, chapter 35, sections 7 458.77 to 9 458.772, may issue
revenue bonds to finance parking facilities and facilities for
the civic center complex, or any part of it, to be operated by
or on behalf of for the city of St. Paul. For that purpose the
port authority of the city of St. Paul may enter into a lease or
other financing agreement with the city, including the civic
center authority, under Minnesota Statutes, sections 458.09 to
458.1991 and Extra Session Laws 1971, chapter 35 sections 458.77
to 458.772. The interest rate on the revenue bonds is not
subject to statutory limit. An economic development district
need not be created under Minnesota Statutes, section 458.191.
The lease or other financing agreement may, but is not required
to, need not meet the requirements of Minnesota Statutes,
section 474.03, clause (4). The city may, without an election
and without regard to Minnesota Statutes, chapter 475, acquire
and operate the facilities under the lease or other financing
arrangement with the port authority. The city may pledge
for the these purposes of this act all or part of the revenues
derived from the facilities and from proceeds of any special the
tax imposed under Laws 1982, chapter 523, article 25, section
1. This section supersedes any inconsistent provision
of Minnesota Statutes, chapters 458, 474, and 475.
Sec. 19. Laws 1983, chapter 110, section 2, is amended to
read:
Sec. 2. [458.774] [MAY JOIN IN SUPPLYING SMALL BUSINESS
FACILITIES CAPITAL.]
Notwithstanding any contrary provision of law, the port
authority of the city of St. Paul may participate with any
public or private corporations, profit or nonprofit, or other
entities, whose purpose is to provide venture capital to small
businesses with that have facilities located or to be located in
the port district. For that purpose the port authority may use
not more than ten percent of available annual net income or
$400,000 annually, whichever is less, to acquire or invest in
securities of, and enter into financing arrangements and related
agreements with the corporations or entities. The participation
by the port authority shall must not exceed in any year 25
percent of the total amount of funds provided for venture
capital purposes by all of the participants, and provided. The
corporation or entity shall report in writing each month to the
commissioners of the port authority all investment action and
other actions action taken by it since the last report. All
Funds contributed to the corporation or entity shall must be
invested pro-rata with each contributor of capital taking
proportional risks on each investment. As used in this section,
the term "small business" has the meaning given means what it
means in Minnesota Statutes, section 645.445, subdivision 2.
Sec. 20. Laws 1963, chapter 254, section 1, is amended to
read:
Section 1. [458.775] [ST. PAUL PORT AUTHORITY; MAY GET,
RUN, CONTROL RECREATION FACILITIES.]
The port authority of the city of Saint Paul shall have has
jurisdiction over the use of the Mississippi River for
recreation purposes within its port district and may acquire and
may expend spend port authority moneys money for lands
abutting upon said the river within said the port district for
the purpose of constructing, operating to construct, operate
directly, by lease or otherwise, and maintaining maintain
recreation facilities and. The authority shall establish
regulations controlling rules on the use of said the river and
abutting lands, either individually as such port authority, or
in cooperation with the United States federal government or its
agencies, the city of Saint Paul, the state of Minnesota and any
of said state's agencies, or a state agency, or political
subdivisions subdivision. The port authority shall does not
have any police power by virtue because of this act, nor shall
it section. The port authority must not take lands owned,
controlled, or used by the city of Saint Paul without consent of
the council of the city of Saint Paul the city council.
Sec. 21. Laws 1976, chapter 234, section 3, as amended by
Laws 1983, chapter 110, section 3, is amended to read:
Sec. 3. [458.776] [CITY BOND, FINANCING APPROVAL, WORKER
CONTROL MUST APPROVE BONDS; MAY CONTROL WORKERS.]
Subdivision 1. [CITY APPROVAL REVENUE BONDS.]
Notwithstanding any provision of law or the charter of the city
of St. Paul to the contrary, any an issue of revenue bonds
authorized by the port authority of the city of St. Paul shall
be issued only with the consent of the city council of the city
of St. Paul by city council in a resolution adopted in
accordance with law. Notwithstanding any provision of law or
the charter of the city of St. Paul to the contrary, any a
project to be financed by the port authority of the city of St.
Paul by proceeds of revenue bonds shall be financed only with
the consent of the city council of the city of St. Paul by city
council in a resolution adopted in accordance with law.
Subd. 2. [IMPAIRMENT OF EXISTING OBLIGATIONS.] No An
existing obligation, contract, agreement, collective bargaining
or other agreement, fringe benefit plan, or covenant made or
entered into by the St. Paul port authority shall be in any
manner is not impaired by the adoption of this act subdivision
1.
Subd. 3. [CITY SUPERVISION.] Notwithstanding any other law
or charter provision to the contrary the council may, by
resolution adopted by a majority of the council, place any
employees employee of the port authority under the direction,
supervision, or control of the mayor or another a department of
the city of St. Paul.
Sec. 22. Laws 1979, chapter 269, section 1, is amended to
read:
Section 1. [458.777] [MAY INVEST IN COMMERCIAL PAPER.]
Notwithstanding the provisions of Minnesota Statutes,
section 471.56, or other law and the statutes referred to
therein, or other law in section 471.56, the port authority of
the city of St. Paul may invest its funds in commercial paper of
prime quality in the same manner as the state board of
investment may invest money not currently needed, subject to the
conditions of Minnesota Statutes, Section 11.10, Subdivision 1,
Clause (c).
Sec. 23. Laws 1961, chapter 545, section 1, is amended to
read:
Section 1. [458.778] [ST. PAUL PORT AUTHORITY; BOND FOR
TREASURER AND ASSISTANT TREASURER; BOND.]
Notwithstanding inconsistent provisions of any other
statute, The treasurer and assistant treasurer of the port
authority of the city of Saint Paul shall give bond to the state
in sums not to exceed $25,000 and $10,000 respectively, such.
The bonds to must be conditioned for the faithful discharge of
their duties and to. The bonds must be approved as to both form
and surety by said the port authority and must be filed with its
secretary. The amount of such the bonds shall must be
determined set at least annually by the port authority.
CITY OF SOUTH SAINT PAUL AS PORT AUTHORITY
Sec. 24. Laws 1982, chapter 523, article 24, section 2, is
amended to read:
Sec. 2. [458.79] [SOUTH ST. PAUL; CITY MAY ACT LIKE HAS
SAME POWER AS SAINT PAUL PORT AUTHORITY.]
The governing body of the city of South Saint Paul city
council may exercise all the powers of do what a port authority
provided by Minnesota Statutes, including the port authority of
the city of Saint Paul may do under chapter 458, including the
powers given to the port authority of the city of St. Paul under
that chapter.
PORT AUTHORITY OF WINONA
Sec. 25. Laws 1967, chapter 541, section 1, as amended by
Laws 1969, chapter 98, section 1, and Laws 1973, chapter 114,
section 1, is amended to read:
[458.80] [CITY MAY CREATE; APPLICABLE LAW; EXCEPTIONS.]
Section 1. Subdivision 1. [WINONA, CITY OF; PORT AUTHORITY
BY RESOLUTION.] The Winona city council of the city of
Winona may by resolution may establish a port authority and a
commission thereof to be known as the "port authority of
Winona". The provisions of Minnesota Statutes,
Subd. 2. [PORT AUTHORITY LAW APPLIES.] Sections 458.09 to
458.1991, with all the powers and duties therein granted, shall
apply to such the Winona port authority and to the city of
Winona in the same manner and to the same extent that. The
sections apply just as they apply to any a port authority
established in by section 458.09, except a seaway port
authority, and to the city in which any such the port authority
is established; provided that: authority's city.
(1) Subd. 3. [THIS SECTION PREVAILS.] Between this section
and sections 458.09 to 458.1991, this section prevails.
Subd. 4. [NOT SEAWAY PORT.] The parts of sections 458.09
to 458.1991 that apply only to seaway port authorities do not
apply to the Winona port authority.
Subd. 5. [DO NOT APPLY.] Section 458.195, subdivisions 3
and 4, and sections 458.198 and 458.199 shall do not apply; to
the Winona Port Authority.
Subd. 6. [CITY APPROVAL.] (2) Any Action taken by the
Winona port authority under the provisions of section 458.191,
section 458.192, subdivision 3, or section 458.194, shall must
be approved by city council resolution of the city council
before it shall become effective; to take effect.
Subd. 7. [STAFF BUDGET.] (3) The city of Winona, by
resolution of the its city council, may provide the port
authority with such personnel and staff, either temporarily,
provisionally, or permanently assigned, on such terms and
conditions as it may deem considers appropriate, and. In the
same way, the city may appropriate and budget such the funds for
the administration of to administer the port authority as it
shall deem the city considers necessary and appropriate, which.
Budgeted money shall must be budgeted, used, and accounted for
in accordance with according to the charter and ordinances of
the city of Winona;.
(4) The determination that property sought by eminent
domain proceedings is marginal land shall be a judicial
question, provided that a duly adopted resolution of the port
authority, approved by resolution of the city council, that the
property sought is marginal land as defined in Minnesota
Statutes, Sections 458.09 to 458.1991, setting forth the
characteristics of the land sought to be acquired, shall be
prima facie evidence that such land is marginal as so defined;
Subd. 8. [MARGINAL PROPERTY.] A port authority's decision
that property it seeks is marginal under section 458.19 is prima
facie evidence in eminent domain proceedings that the property
is marginal. The decision must be made in a resolution. The
resolution must state the characteristics that the authority
thinks makes the property marginal. The port authority
resolution must then be approved by city council resolution.
Subd. 9. [CHAPTER 474 POWERS; APPROVAL.] (5) The port
authority shall have all of has the powers granted to port
authorities by Minnesota Statutes, chapter 474, to be. The
powers may be exercised within and outside its corporate
limits but only. The exercise of the powers is subject to
approval by resolution of the city council;.
Subd. 10. [BOND INTEREST.] (6) Notwithstanding any other
provision of law, Revenue bonds issued by the port authority may
be negotiated and sold at a price resulting in an average annual
net interest rate on the bonds exceeding six percent but not
exceeding of not more than seven percent per annum year computed
to the stated maturities;.
Subd. 11. [NO ASSESSMENTS; IMPROVEMENT DISTRICTS.] (7) The
port authority shall have no power to must not levy special
assessments or establish local improvement districts;.
(8) The city of Winona, or the its port authority with the
approval by resolution of the city council, may exercise any and
all of the powers referred to in Minnesota Statutes, section
471.191 for the acquisition and betterment of to acquire and to
better recreational land, buildings, and facilities within or
outside their corporate limits;.
Subd. 12. [ANNUAL REPORT.] (9) On or before October 15 in
each year the port authority shall report to the city council
the amount of earnings, income, or other surplus funds which
that are in its judgment available for transfer to the sinking
fund for any general obligation bonds of the authority, for the
reduction of to reduce tax levies for the payment of such to pay
the bonds, and. The council shall determine then decide by
resolution what amount shall be so transferred; and to transfer.
Subd. 13. [WISCONSIN REALTY.] (10) The port
authority shall have the power to may purchase or lease real
property in the state of Wisconsin for barge fleeting purposes
or for recreation activities or for both.
Sec. 26. Laws 1974, chapter 218, is amended to read:
Section 1. [458.801] [WINONA, CITY OF; TRANSFER OF
PROPERTY TRANSFER OF CITY PROPERTY TO PORT.]
Subdivision 1. [BY ORDINANCE.] Notwithstanding the
provisions of any other law or of the city charter, The city of
Winona may transfer, with or without consideration and upon such
on other terms as the city council deems considers desirable,
its interest in any real property, including fee title, to the
port authority of Winona. Such The transfer shall must be
authorized by ordinance, and.
Subd. 2. [ORDINANCE CONTENTS.] The ordinance shall must
contain among its provisions the following:
(1) a general description of the general location of the
property, together with and the specific legal description
thereof of the property;
(2) a finding by the city council that the real property
involved is "marginal land" as defined in Minnesota Statutes,
under section 458.191, subdivision 4, which finding shall be
supported by specific reference to one or more of the conditions
listed in said subdivision 4;
(3) a statement as to the consideration, or absence thereof
of it, to be received by the city at the time of transfer; and
(4) any other information deemed considered appropriate by
the city council.
Sec. 2 Subd. 3. [BY QUITCLAIM DEED.] Any A conveyance of
fee title pursuant to under this act shall section must be by
quitclaim deed.
Sec. 3. This act shall become effective upon approval of
the governing body of the city of Winona, and upon compliance
with Minnesota Statutes, Section 645.021.
OTHER SEAWAY PORT AUTHORITIES
Sec. 27. [458.81] [WHEN DULUTH SEAWAY PORT AUTHORITY LAW
APPLIES.]
The seaway port authority provisions of sections 458.16,
458.17, and 458.19 apply to a seaway port authority other than
Duluth when a majority of the other authority's commissioners
adopt a resolution that approves applying the provisions to
their authority.
Sec. 28. [REPEALER.]
Minnesota Statutes 1984, sections 458.13; 458.16,
subdivision 3; 458.192, subdivision 3a; 458.41; 458.50; 458.51;
458.52; 458.54; 458.55; 458.56; 458.57; 458.58; and 458.60 are
repealed.
ARTICLE 9
Section 1. Minnesota Statutes 1984, chapter 589, is
amended to read:
589.01 [WRIT OF HABEAS CORPUS; WHO MAY PROSECUTE APPLY.]
Every A person imprisoned or otherwise restrained of his
liberty, except persons committed or detained by virtue of the
final judgment of any a competent tribunal of civil or criminal
jurisdiction, or by virtue of an execution issued upon such the
judgment, may prosecute apply for a writ of habeas corpus to
obtain relief from such imprisonment or restraint, if it proves
to be unlawful; but no order of commitment for any alleged
contempt, or upon proceedings as for contempt to enforce the
rights or remedies of any party, shall be deemed a judgment, nor
shall any attachment or other process issued upon any such order
be deemed an execution, within the meaning of this section. For
purposes of this section, an order of commitment for an alleged
contempt or an order upon proceedings as for contempt to enforce
the rights or remedies of a party is not a judgment, nor does
attachment or other process issued upon these types of orders
constitute an execution.
[589.011] [DEFINITIONS.]
Subdivision 1. [IN THIS CHAPTER.] In this chapter, the
words listed in this section have the meanings or inclusions
given them here.
Subd. 2. [DETAINING AUTHORITY.] "Detaining authority"
includes a state or local correctional agency or officer or
employee of that agency or any other public or private agency or
person that is alleged in the writ of habeas corpus to have
restrained or imprisoned the petitioner.
Subd. 3. [PETITIONER.] "Petitioner" means a person who is
imprisoned or otherwise restrained of liberty and who applies
for a writ of habeas corpus to obtain release.
589.02 [PETITION; TO WHOM AND HOW MADE.]
Application for the writ shall be by petition, signed and
verified by the petitioner, or by some person in his behalf, to
the supreme court, court of appeals, or to the district court of
the county within which the petitioner is detained. Any A
person may apply for a writ of habeas corpus by petition
addressed to the supreme court, court of appeals, or to the
district court of the county where the petitioner is detained.
The petition must be signed and verified by the petitioner or
some person applying on the petitioner's behalf. If there is
within the county a judge of the court to which the petition is
addressed, being within the county, that judge may grant the
writ. If there is no judge within the county capable of acting
and willing to grant the writ, it may be granted by a judge
in any an adjoining county.
589.03 [APPLICATION FOR A WRIT IN ANOTHER COUNTY; PROOF IN
CERTAIN CASES REQUIRED.]
When application for such a writ of habeas corpus is made
to an officer a judge whose chambers are not located within the
county where the prisoner is detained, he that judge shall
require proof, by the oath of the applicant or other evidence,:
(1) that there is no officer judge in such the detaining
county authorized to grant the writ, or;
(2) that all so judges authorized to grant the writ are
absent, or from the detaining county;
(3) that judges in the detaining county for reasons
specified are incapable of acting,; or
(4) that judges in the detaining county have refused to
grant such the writ; and,.
If such the proof required by this section is not produced,
the application shall must be denied.
589.04 [STATEMENTS IN PETITION.]
The A petition shall state, in substance for a writ of
habeas corpus must contain information set forth in paragraphs
(a) to (e):
(1) (a) It must state that the person in on whose behalf
the writ is applied for is imprisoned or restrained of his
liberty, the name of the officer or person by whom he the person
is so imprisoned or restrained, and the place where that person
is imprisoned or restrained; naming both parties.
(b) It must name the restrained and the restraining person
if their names are known, or describing describe them if they
are not;.
(2) (c) It must state that such the restrained person is
not committed or detained by virtue of any under process,
judgment, decree, or execution, as hereinbefore specified; in
section 589.01.
(3) (d) It must state the cause or pretense basis of such
the confinement or restraint, according to the knowledge or
belief of the party verifying the petition;.
(4) (e) If the confinement or restraint be by virtue of any
is under warrant, order, or process, the petitioner shall attach
a copy thereof shall be annexed of the document authorizing the
confinement or restraint to such the petition and there. The
petitioner shall also be attached to such petition attach copies
of all papers which are attached to or accompany such the
warrant, order, or process, including in those cases where
such to the petition. If the confinement results from
conviction of a crime and sentence therefor, the petitioner
shall include a transcript of the proceedings taken and had at
the time of arraignment and sentence in the court which imposed
the sentence, or it shall be averred that, by reason of such
prisoner being removed or concealed before application, a demand
of such copy could not be made, or that such demand was made and
that such copy was refused;. If the petitioner is unable to
attach the documents required by this paragraph, the petitioner
shall state the reasons for not doing so. Documentation is not
required when:
(1) the petitioner is removed or concealed before
application for a writ was made; or
(2) a demand for documentation was made but the person to
whom the demand was made refused to supply the document
requested.
(5) (f) If the imprisonment is alleged to be illegal, the
petition shall state in what the illegality consists;.
(6) If the imprisonment which is claimed to be illegal is
pursuant to under a district court judgment or sentence, the
judge before whom such the petition is pending may in his
discretion examine the official files and records of the court
issuing the warrant of commitment, including any official
transcript of the proceedings taken and had at the time of the
arraignment and sentence, and any such. A judge before whom a
petition is pending may take judicial notice of official records
or transcript shall be deemed properly before the court when
determining transcripts to determine the sufficiency of the
petition or the propriety of issuing such the writ of habeas
corpus.
589.05 [FORM OF WRIT; SEAL ESSENTIAL REQUIREMENTS.]
Every A writ of habeas corpus shall must be under the seal
of the court, and substantially in the following form:
"The State of Minnesota, to the Sheriff of, etc. (or to
A.B.):
You are hereby commanded to have the body of bring C.D., by
you who is imprisoned and detained, as it is said, together with
the time and cause of such imprisonment and detention by you, by
whatsoever whatever name the said C.D. shall be is called or
charged, before E.F., judge of the ..................... court,
at ......................., on ........... (or immediately
after the receipt of this writ), to do and receive what shall
then and there be considered concerning the said C.D the court's
judgment on the legality of the detention. And have you then
and there Bring this writ to the hearing and be prepared to tell
the court the time and cause of imprisonment and detention.
Witness, etc."
589.06 [CONTENTS OF WRIT; WHEN SUFFICIENT.]
Such The writ shall may not be disobeyed for because of
any defect of form. It shall be A writ is sufficient if the
petitioner, and the person having him in custody, be to whom the
writ is directed are designated therein in it with reasonable
certainty, by name, description, or otherwise. Either the
petitioner or the person to whom the writ is directed may be
designated by an assumed name if his or her true name be is
unknown or uncertain, and any. The person served with the
writ shall be deemed is considered to be the person to whom it
is directed, although the name or description be is wrong, or be
is that of another person.
589.07 [REFUSAL TO GRANT; PENALTY.]
If any officer a judge authorized to grant writs of habeas
corpus wilfully willfully refuses to grant such the writ when
legally applied for, he the judge shall forfeit to the party
aggrieved $1,000 for every such each offense.
589.08 [RETURN TO WRIT; CONTENT REQUIREMENTS.]
The person detaining authority upon whom any such a writ
of habeas corpus is duly served shall state in his the return,
plainly and unequivocally, the information specified in
paragraphs (a) to (c):
(1) Whether he has or has not the party in his custody or
under his control or restraint and, if he has not, whether he
has had him in his custody or under his control or restraint at
any and what time prior or subsequent to the date of the writ;
(2) If he has the party in his custody or under his control
or restraint, the authority and true cause of such imprisonment
or restraint, setting forth the same at large;
(3) If the party is detained by virtue of any writ,
warrant, or other written authority, a copy thereof shall be
annexed to the return, and the original shall be produced and
exhibited, on the return of the writ, to the officer before whom
the same is returnable;
(4) (a) The return shall state whether the detaining
authority is detaining or has at any time in the past detained
the petitioner. If the petitioner was detained before or after
the writ was issued, the detaining authority shall indicate the
date and time of detention.
(b) If the petitioner is being detained, the detaining
authority shall state the reason for detention and authority
under which the person is being detained.
(c) If the person upon whom such writ is served detaining
authority has had the party in his custody or under his control
or restraint detained the petitioner at any time prior or
subsequent to before or after the date of the writ, but has
transferred such custody or restraint to another, the return
shall must state particularly to whom, at what time, for what
cause, and by what authority, such the transfer took place.
If the petitioner is detained under writ, warrant, or other
written authority, a copy of the document authorizing detention
must be attached to the return. On the return of the writ to
the judge before whom the writ is returnable, a copy of the
original document authorizing detention must be produced and
exhibited.
The return shall be signed by The person making the
same return must sign it and, except where such the person is
a sworn public officer, and makes his or her return in his an
official capacity, it shall be verified verify it by oath.
589.09 [BODY PRODUCED; EXCEPTION PRODUCING PERSON REQUIRED
EXCEPT WHEN SICK.]
The person or officer on whom the writ is served shall
bring the body of the person in his custody being detained,
according to the command of such the writ, to the judge named on
the writ except in the case of the sickness of such when the
detained person is sick, as hereinafter provided in section
589.20.
589.10 [COMPELLING OBEDIENCE ENFORCING THE WRIT.]
If the person upon whom such the writ is served refuses or
neglects to produce the person named therein in it and make a
full return thereto of the writ at the time and place required,
and no does not give sufficient excuse is shown, the officer
judge before whom such the writ is returnable, upon proof of
service thereof of it, shall forthwith immediately issue an
attachment against such the person, directed to the sheriff or
coroner of any county, and commanding him forthwith. The
attachment must direct the sheriff or coroner to apprehend such
the person upon whom the writ is served as soon as possible and
bring him that person before such officer; and, on such person
being so brought, he shall be committed to the county jail until
he shall make return to such writ and comply with all orders
made by such officer in the premises the judge before whom the
writ is returnable. The judge before whom the writ is
returnable shall commit the person apprehended under the
attachment to the county jail until that person makes the return
and complies with all other orders made by the judge.
589.11 [PRISONER PETITIONER HELD IN CUSTODY BY SHERIFF.]
The officer by whom any such judge who issues an attachment
is issued under section 589.10 may also, at the same time or
afterward, issue a precept an order to the sheriff or other
person to whom the attachment was directed, commanding him or
her to bring forthwith the petitioner before such officer the
party for whose benefit such writ was allowed, who shall
thereafter that judge immediately. After that, the petitioner
must remain in the custody of such the sheriff or other person
until he is discharged, bailed, or remanded, as such officer
shall the judge may direct.
589.12 [PROCEEDINGS ON RETURN OF WRIT.]
Immediately after the return of the writ, the officer judge
before whom the person petitioner is brought on such writ,
immediately after the return thereof, shall examine into the
facts set forth in such the return, and into the cause of the
imprisonment or restraint, and whether the same cause was upon
commitment for a criminal charge or not.
589.13 [PRISONER DISCHARGED, WHEN DISCHARGING PETITIONER.]
If the judge, under section 589.12, finds no legal cause is
shown for such to support imprisonment or restraint of the
petitioner, or for the continuation thereof, such officer the
judge shall discharge the petitioner therefrom.
589.14 [PRISONER REMANDED, WHEN SENDING PETITIONER BACK TO
CUSTODY.]
The officer judge shall forthwith remand such person,
immediately send the petitioner back to the detaining authority
if it appears that he the petitioner is detained in custody:
(1) By virtue of under process issued by any a court or
judge of the United States, in a case where such the court or
judge has exclusive jurisdiction;
(2) By virtue of the under final judgment of a competent
court of civil or criminal jurisdiction, or of under an
execution issued upon such a judgment of either of those courts;
or
(3) for any contempt of court, specially and plainly
charged in the commitment, by some a court, officer, or body
having authority to commit for the contempt so charged; or.
(4) The judge shall also immediately send the petitioner
back to the detaining authority if it appears that the time
during which such the person may be legally detained has not
expired.
589.15 [DISCHARGING PETITIONER HELD UNDER CIVIL PROCESS,
WHEN DISCHARGED.]
If it appears on the return that the prisoner petitioner is
in custody by virtue of under a valid civil process of any a
court legally constituted, or issued by an officer in the course
of judicial proceedings before him, authorized by law, such
prisoner, the petitioner can be discharged only in the following
cases:
(1) when if the jurisdiction of such the court or officer
has been exceeded, either as to matter, place, sum, or person;
(2) Where if, though the original imprisonment was lawful,
yet, by some act, omission, or event which has taken place
afterward, the person is entitled to be discharged;
(3) Where if the process is defective in some matter of
substance required by law, rendering it void;
(4) Where if the process, though in proper form, has been
issued in a case not allowed by law;
(5) Where if the person having the custody of the
prisoner petitioner under such the process is not the person
empowered by law to detain him the petitioner; or
(6) Where if the process is not authorized by any a
judgment or order of any a court, or by any a provision of law.
589.16 [WHEN BAIL OR REMAND OR DISCHARGE ALLOWED.]
If it appear that the petitioner has been legally committed
for a criminal offense, or if upon hearing it appears by the
testimony offered with the return that he the petitioner is
guilty of such the offense, although the commitment is
irregular, the officer judge before whom he the petitioner is
brought shall admit him to bail allow release on bail, if the
case is bailable and good bail be is offered, or, if not, he
the judge shall forthwith remand him immediately send that
petitioner back to the detaining authority. In other cases he
shall the petitioner must be placed in the custody of the person
legally entitled thereto to custody, or, if no one is so
entitled, he shall the petitioner must be discharged.
589.17 [REQUIRING PETITIONER TO BE HELD IN CUSTODY UNTIL
JUDGMENT.]
Until judgment is given upon the return, the officer judge
before whom such person the petitioner is brought may either
commit him the petitioner to the custody of the sheriff of the
county, or place him the petitioner in such other custody as his
or her age and other circumstances require.
589.18 [NOTICE MUST BE GIVEN TO COUNTY ATTORNEY OR ATTORNEY
GENERAL.]
In criminal cases, if the prisoner petitioner is confined
in a town, city, or county jail or other local correctional
facility, notice of the time and place at which the writ is
returnable shall must be given to the county attorney of the
county from which the prisoner petitioner was committed, if such
the county attorney is within his the petitioner's county;.
If the prisoner petitioner is confined in a state correctional
facility, the notice shall of the time and place at which the
writ is returnable must be given to the attorney general, whose
duty it shall be to and the attorney general shall appear for
the person named as respondent in the writ;. In other cases,
like notice shall of the time and place at which the writ is
returnable must be given to any person interested in continuing
the custody or restraint of the party seeking the aid of such
writ petitioner.
589.19 [TRAVERSE DENIAL OF RETURN; NEW MATTER.]
At the hearing on the return of the writ, the petitioner,
on the return of any writ, may, on oath, deny any of the
material facts set forth alleged in the return, or allege any
fact to show either that his or her imprisonment or detention is
unlawful, or that he or she is entitled to his discharge; and
thereupon such officer. The judge shall proceed, in a summary
way, to hear such allegations and proofs as are legally produced
admit relevant evidence in support of such or against
imprisonment or detention, or against the same, and so, at the
conclusion of the hearing, dispose of such person as justice
requires the petitioner in accordance with law.
589.20 [PROCEEDINGS IN CASE OF SICKNESS OF PRISONER
PETITIONER.]
When, by reason of sickness or infirmity, the petitioner
cannot, without danger, be is so sick or infirm that he or she
would be endangered if brought before the officer judge before
whom the writ is returnable, the person in whose custody he is
having the petitioner in custody may state that fact in his the
return; and,. If the officer is satisfied of the truth of such
statement judge finds that the statement is true, and the return
is otherwise sufficient, he the judge shall decide upon such the
return and dispose of the matter in accordance with law. The
petitioner in such case under this section may appear by
attorney and plead to the return as if he were present and,. If
it appear that the petitioner is illegally imprisoned or
restrained of his liberty, the officer judge shall order those
having him the petitioner in custody to immediately discharge
him forthwith; but or her. If it appear that he the petitioner
is legally imprisoned or restrained, and is not entitled to
be admitted to released on bail, the officer judge shall dismiss
the proceedings.
589.21 [ENFORCING ORDER OF DISCHARGE, HOW ENFORCED.]
Obedience to any order for the discharge of a prisoner may
be enforced by the officer issuing the writ or granting the
order, by attachment, in the same manner as provided for neglect
to make return to a writ of habeas corpus; and the person guilty
of such disobedience shall forfeit to the person aggrieved
$1,000 in addition to any special damages sustained by him The
judge may enforce obedience to an order for the discharge of the
petitioner by attachment, as provided in section 589.10,
directed to the person disobeying the order. If a person
disobeys an order, that person shall forfeit to the petitioner
$1,000 in addition to any special damages sustained by the
petitioner.
589.22 [RE-ARREST OF PERSON CONDITIONS UNDER WHICH
DISCHARGED PETITIONER MAY BE INCARCERATED.]
No person A petitioner who has been discharged upon a writ
of habeas corpus shall be may again imprisoned or restrained for
the same cause, unless indicted therefor, convicted thereof, or
committed, for want of bail, by some court of record having
jurisdiction of the cause, or unless, after a discharge for
defect of proof, or for some material defect in the commitment
in a criminal case, he shall be again arrested on sufficient
proof, and committed by legal process be incarcerated again for
the same conduct only under the following circumstances:
(1) if, after discharge for defect of proof or for a
material defect in the commitment in a criminal case, the
petitioner is arrested again on probable cause and detained in
accordance with law;
(2) if the petitioner fails to post bond;
(3) if the petitioner is indicted for the conduct and
detained pending criminal proceedings; or
(4) if the petitioner is convicted and sentenced for the
conduct.
589.23 [TRANSFER OR CONCEALMENT OF TRANSFERRING OR
CONCEALING PERSON; FORFEITURE.]
If any one who has in his A person who has custody or under
his control of a person petitioner entitled to a writ of habeas
corpus, whether a writ has been issued or not, and who, with
intent to elude the service of the writ or to avoid its effect,
(1) transfers such prisoner the petitioner to the custody, or
places him or her under the power or control of another person,
(2) conceals him the petitioner, or (3) changes his the
place of confinement, with intent to elude the service of such
writ or to avoid the effect thereof, he shall forfeit $400 to
the party aggrieved thereby petitioner, to be recovered
recoverable in a civil action.
589.24 [REFUSAL REFUSING TO FURNISH COPY OF DOCUMENT
AUTHORIZING DETENTION.]
Any An officer or other person refusing who refuses to
deliver a copy of any an order, warrant, process, or other
authority by which he or she detains any a person, to any one
who shall demand the same requests the copy and tender the fees
therefor who offers to pay the reproduction costs, shall forfeit
$200 to the person so detained.
589.25 [SERVICE OF PERSON SERVING WRIT; BOND.]
The writ can be served only by a legal voter of the state.
The officer judge granting it may require a bond to the state in
a sum not exceeding more than $1,000, conditioned for the
payment of all costs and expenses of the proceeding, and the
reasonable charges of restoring the prisoner petitioner to the
person from whose custody he or she was taken, if he shall be
remanded or she is sent back to custody. The bond shall must be
approved by the officer judge issuing the writ, and be filed
with the clerk.
589.26 [MANNER OF SERVICE OF WRIT.]
The writ of habeas corpus may be served by delivering the
same it to the person to whom it is directed, or, if he that
person cannot be found, by leaving it at the jail or other place
in which the prisoner petitioner is confined, with any
underofficer correctional officer or other person of proper age
having charge for the time of such prisoner of the petitioner.
If the person upon whom the writ ought to should be served
conceals himself or herself, or refuses admittance to the party
attempting to serve the writ, it may be served by affixing
the same writ in some conspicuous place on the outside either of
his or her dwelling house, or of the place where the party is
confined.
589.27 [WHEN RETURN TO WRIT MUST BE MADE, WHEN.]
If the writ is returnable on a certain day, return the
person to whom the writ is directed shall be made and the
prisoner produced make the return and produce the petitioner at
the time and place specified therein in the writ. If it the
writ is returnable forthwith immediately, and the place of
return is within 20 miles of the place of service, the
return shall must be made and the prisoner petitioner produced
within 24 hours, and the like time shall be. Twenty-four
additional hours are allowed for return for every each
additional 20 miles of distance between the place of return and
the place of service.
589.28 [POWER OF COURT NOT RESTRAINED.]
Nothing herein shall prevent any in sections 589.01 to
589.30 is to be construed to prevent a court from issuing a writ
of habeas corpus necessary or proper to bring an inmate before
it or any an inferior court any prisoner for trial, preliminary
an omnibus hearing, arraignment, appearance, or to be examined
as a witness in any a civil or criminal action or proceeding,
civil or criminal.
589.29 [APPEALS.]
Any A party aggrieved by the final order in proceedings
upon a writ of habeas corpus may appeal to the court of appeals
as in other civil cases, except that no bond shall be is
required of the appellant. Upon filing notice of appeal with
the clerk of the district court, and payment or tender of his
filing fees, the clerk shall make, certify, and return to the
clerk of the appellate courts copies of the petition, writ,
return of respondent, answer, if any, of the relator, and the
order appealed from.
589.30 [HEARING ON APPEAL; COSTS; PAPERS.]
The appeal may be heard before the court of appeals upon
application of either party to the court or a judge of it Either
party in a proceeding upon a writ of habeas corpus may appeal a
final order by applying to the court of appeals. The clerk of
appellate courts shall serve the order fixing the time of
hearing, which shall not be less than six nor more than 15 days
from the date of application, shall be served on the adverse
party at least five days before the date fixed for the hearing.
The hearing must be held not less than six nor more than 15 days
from the date of application. No costs or disbursements shall
may be allowed any party to the appeal, nor shall may any of the
papers used on the hearing be required to be printed.
589.35 [RELEASE OF INSTITUTIONALIZED PERSONS FOR JUDICIAL
PURPOSES.]
Subdivision 1. [ORDER.] Except as provided in chapters 589
and 590, any a court requiring the appearance of a person
confined in a state correctional facility, mental hospital, or
other institution after criminal conviction, civil commitment,
or pursuant to under court order, may order the confining
institution to release the person into the temporary custody of
the court. The order shall must specify:
(a) (1) the reason for the person's appearance;
(b) (2) to whom the confined person may be released; and
(c) (3) the date and time of the release.
Subd. 2. [COSTS.] The court shall, without any cost to the
releasing institution, determine and implement a cost effective
and convenient method for obtaining the person's appearance,
including requiring the parties to the proceedings to pay all or
a part of the costs as otherwise provided by law.
Subd. 3. [COMPLIANCE.] Upon receipt of a court order for
release under this section, the chief executive officer of the
confining institution shall take appropriate steps to comply
with the order in a manner which is consistent with public
safety.
ARTICLE 10
Section 1. Minnesota Statutes 1984, chapter 629, is
amended to read:
629.01 [DEFINITIONS.]
Where appearing in sections 629.01 to 629.29, the term
"governor" includes any person performing the functions of
governor by authority of the law of this state. The term
"executive authority" includes the governor, and any person
performing the functions of governor in a state other than this
state. The term "state," referring to a state other than this
state, includes any other state or territory, organized or
unorganized, of the United States.
629.02 [DUTIES OF GOVERNOR IN EXTRADITION MATTERS.]
Subject to the provisions of sections 629.01 to 629.29, the
provisions of the Constitution of the United States controlling,
and any and all acts of congress enacted in pursuance thereof,
it is the duty of the governor of this state to have arrested
and delivered up to the executive authority of any other state
of the United States any person charged in that state with
treason, felony, or other crime, who has fled from justice and
if found in this state.
629.03 [DEMAND IN WRITING.]
No demand for the extradition of a person charged with
crime in another state shall be recognized by the governor
unless it alleges in writing, except in cases arising under
section 629.06, that the accused was present in the demanding
state at the time of the commission of the alleged crime, and
that he subsequently fled from the state. The demand shall be
accompanied by a copy of an indictment found or by information
supported by affidavit in the state having jurisdiction of the
crime, or by a copy of an affidavit made before a court there,
together with a copy of any warrant which was issued on it; or
by a copy of a judgment of conviction or of a sentence imposed
in execution of it, together with a statement by the executive
authority of the demanding state that the person claimed has
escaped from confinement or has broken the terms of his bail,
probation, or parole. The indictment, information, or affidavit
made before the court must substantially charge the person
demanded with having committed a crime under the law of that
state. The copy of the indictment, information, affidavit,
judgment of conviction or sentence must be authenticated by the
executive authority making the demand.
629.04 [ATTORNEY GENERAL TO INVESTIGATE.]
When a demand shall be made upon the governor of this state
by the executive authority of another state for the surrender of
a person so charged with crime, the governor may call upon the
attorney general or any prosecuting officer in this state to
investigate or assist in investigating the demand, and to report
to him the situation and circumstances of the person so
demanded, and whether he ought to be surrendered.
629.05 [EXTRADITION BY AGREEMENT.]
When it is desired to have returned to this state a person
charged in this state with a crime, and such person is
imprisoned or is held under criminal proceedings then pending
against him in another state, the governor of this state may
agree with the executive authority of such other state for the
extradition of such person before the conclusion of such
proceedings or his term of sentence in such other state, upon
condition that such person be returned to such other state at
the expense of this state as soon as the prosecution in this
state is terminated.
The governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this
state who is charged in the manner provided in section 629.23
with having violated the laws of the state whose executive
authority is making the demand, even though such person left the
demanding state involuntarily.
629.06 [EXTRADITION OF PERSONS COMMITTING CRIME.]
The governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this
state charged in such other state in the manner provided in
section 629.03 with committing an act in this state, or in a
third state, intentionally resulting in a crime in the state,
whose executive authority is making the demand, and the
provisions of sections 629.01 to 629.29 not otherwise
inconsistent, shall apply to such cases, even though the accused
was not in that state at the time of the commission of the
crime, and has not fled therefrom.
629.07 [WARRANT OF ARREST.]
If the governor decides that the demand should be complied
with, he shall sign a warrant of arrest, which shall be sealed
with the state seal, and be directed to any peace officer or
other person whom he may think fit to entrust with the execution
thereof. The warrant must substantially recite the facts
necessary to the validity of its issuance.
629.08 [ACCUSED TURNED OVER TO DEMANDING STATE.]
Such warrant shall authorize the peace officer or other
person to whom directed to arrest the accused at any time and
any place where he may be found within the state and to command
the aid of all peace officers or other persons in the execution
of the warrant, and to deliver the accused, subject to the
provisions of sections 629.01 to 629.29, to the duly authorized
agent of the demanding state.
629.09 [POWERS OF OFFICER.]
Every such peace officer or other person empowered to make
the arrest shall have the same authority, in arresting the
accused, to command assistance therein, as peace officers have
by law in the execution of any criminal process directed to
them, with like penalties against those who refuse their
assistance.
629.10 [ACCUSED TAKEN BEFORE COURT.]
No person arrested upon such warrant shall be delivered
over to the agent whom the executive authority demanding him
shall have appointed to receive him unless he shall first be
taken forthwith before a judge of a court of record in this
state, who shall inform him of the demand made for his surrender
and of the crime with which he is charged, and that he has the
right to demand and procure legal counsel; and, if the prisoner
or his counsel shall state that he or they desire to test the
legality of his arrest, the judge of such court of record shall
fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for,
notice thereof, and of the time and place of hearing thereon,
shall be given to the prosecuting officer of the county in which
the arrest is made and in which the accused is in custody, and
to the agent of the demanding state.
629.11 [VIOLATION A GROSS MISDEMEANOR.]
Any officer who shall deliver to the agent for extradition
of the demanding state a person in his custody under the
governor's warrant in wilful disobedience to section 629.10
shall be guilty of a gross misdemeanor; and upon conviction
shall be fined not more than $3,000 or be imprisoned for not
more than six months.
629.12 [ACCUSED MAY BE CONFINED IN JAIL.]
The officer or persons executing the governor's warrant of
arrest, or the agent of the demanding state to whom the prisoner
may have been delivered, may, when necessary, confine the
prisoner in the jail of any county or city through which he may
pass; and the keeper of such jail must receive and safely keep
the prisoner until the officer or person having charge of him is
ready to proceed on his route, such officer or person being
chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a
prisoner may have been delivered following extradition
proceedings in another state, or to whom a prisoner may have
been delivered after waiving extradition in such other state,
and who is passing through this state with such a prisoner for
the purpose of immediately returning such prisoner to the
demanding state, may, when necessary, confine the prisoner in
the jail of any county or city through which he may pass; and
the keeper of such jail must receive and safely keep the
prisoner until the officer or agent having charge of him is
ready to proceed on his route, such officer or agent being
chargeable with the expense of keeping; provided, that such
officer or agent shall produce and show to the keeper of such
jail satisfactory written evidence of the fact that he is
actually transporting such prisoner to the demanding state after
a requisition by the executive authority of such demanding
state. Such prisoner shall not be entitled to demand a new
requisition while in this state.
629.13 [WHO MAY BE APPREHENDED.]
When any person within this state is charged on the oath of
any credible person before any judge of this state with the
commission of any crime in any other state and, except in cases
arising under section 629.06, with having fled from justice,
with having been convicted of a crime in that state and having
escaped from confinement, or having broken the terms of his
bail, probation, or parole, or when complaint has been made
before any judge in this state setting forth on the affidavit of
any credible person in another state that a crime has been
committed in the other state and that the accused has been
charged in that state with the commission of the crime and,
except in cases arising under section 629.06, has fled from
justice, or with having been convicted of a crime in that state
and having escaped from confinement, or having broken the terms
of his bail, probation, or parole, and is believed to be in this
state, the judge shall issue a warrant directed to any peace
officer commanding him to apprehend the person named in it,
wherever he may be found in this state, and to bring him before
the same or any other judge or court who or which may be
available in or convenient of access to the place where the
arrest may be made, to answer the charge or complaint and
affidavit. A certified copy of the sworn charge or complaint
and affidavit upon which the warrant is issued shall be attached
to the warrant.
629.14 [ARREST WITHOUT WARRANT.]
The arrest of a person may be lawfully made also by any
peace officer or a private person, without a warrant upon
reasonable information that the accused stands charged in the
courts of a state with a crime punishable by death or
imprisonment for a term exceeding one year. When arrested the
accused must be taken before a judge with all practicable speed
and complaint must be made against him under oath setting forth
the ground for the arrest as in section 629.13. Thereafter his
answer shall be heard as if he had been arrested on a warrant.
629.15 [COURT MAY COMMIT TO JAIL.]
If from the examination before the judge it appears that
the person held is the person charged with having committed the
crime alleged and, except in cases arising under section 629.06,
that he has fled from justice, the judge must, by a warrant
reciting the accusation, commit him to the county jail for a
time, not exceeding 30 days and specified in the warrant, as
will enable the arrest of the accused to be made under a warrant
of the governor on a requisition of the executive authority of
the state having jurisdiction of the offense, unless the accused
gives bail as provided in section 629.16, or until he is legally
discharged.
629.16 [ADMIT TO BAIL.]
Unless the offense with which the prisoner is charged is
shown to be an offense punishable by death or life imprisonment
under the laws of the state in which it was committed, a judge
in this state may admit the person arrested to bail by bond,
with sufficient sureties, and in such sum as he deems proper,
conditioned for his appearance before him at a time specified in
the bond, and for his surrender, to be arrested upon the warrant
of the governor of this state.
629.17 [DISCHARGE.]
If the accused is not arrested under warrant of the
governor by the expiration of the time specified in the warrant
or bond, a judge may discharge him or may recommit him for a
further period not to exceed 60 days. A judge may again take
bail for his appearance and surrender, as provided in section
629.16, but within a period not to exceed 60 days after the date
of the new bond.
629.18 [BOND FORFEITED.]
If the prisoner is admitted to bail, and fails to appear
and surrender himself according to the conditions of his bond,
the judge by proper order shall declare the bond forfeited and
order his immediate arrest without warrant if he is within this
state. Recovery may be had on the bond in the name of the state
as in the case of other bonds given by the accused in criminal
proceedings within this state.
629.19 [PRISONER HELD OR SURRENDERED.]
If a criminal prosecution has been instituted against such
person under the laws of this state and is still pending, the
governor, in his discretion, either may surrender him on demand
of the executive authority of another state or hold him until he
has been tried and discharged or convicted and punished in this
state.
629.20 [GUILT OR INNOCENCE NOT INQUIRED INTO.]
The guilt or innocence of the accused as to the crime of
which he is charged may not be inquired into by the governor or
in any proceeding after the demand for extradition accompanied
by a charge of crime in legal form, as provided, shall have been
presented to the governor, except as it may be involved in
identifying the person held as the person charged with the crime.
629.21 [RECALL OF WARRANT.]
The governor may recall his warrant of arrest or may issue
another warrant when he deems proper.
629.22 [WARRANT FOR PAROLEES OR PROBATIONERS.]
When the governor of this state shall demand a person
charged with crime or with escaping from confinement or breaking
the terms of his bail, probation, or parole in this state, from
the executive authority of any other state, or from the chief
justice or an associate justice of the supreme court of the
District of Columbia authorized to receive such demand under the
laws of the United States, he shall issue a warrant under the
seal of this state, to some agent, commanding him to receive the
person so charged if delivered to him and convey him to the
proper officer of the county in this state in which the offense
was committed.
629.23 [PROSECUTING ATTORNEY, WRITTEN APPLICATION.]
Subdivision 1. [CONTENTS.] When the return to this state
of a person charged with crime in this state is required, the
prosecuting attorney shall present to the governor his written
application for a requisition for the return of the person
charged, in which application shall be stated the name of the
person so charged, the crime charged against him, the
approximate time, place, and circumstances of its commission,
the state in which he is believed to be, including the location
of the accused therein at the time the application is made, and
certifying that, in the opinion of the prosecuting attorney, the
ends of justice require the arrest and return of the accused to
this state for trial and that the proceeding is not instituted
to enforce a private claim.
Subd. 2. [RETURN OF FUGITIVE.] When the return to this
state is required of a person who has been convicted of a crime
in this state and has escaped from confinement or broken the
terms of his bail, probation, or parole, the prosecuting
attorney of the county in which the offense was committed, the
parole board, or the chief executive officer of the facility or
sheriff of the county, from which the escape was made, shall
present to the governor a written application for a requisition
for the return of such person, in which application shall be
stated the name of the person, the crime of which he was
convicted, the circumstances of his escape from confinement or
of the breach of the terms of his bail, probation, or parole,
the state in which he is believed to be, including the location
of the person therein at the time application is made.
Subd. 3. [PROCEDURAL REQUIREMENTS.] The application shall
be verified by affidavit, shall be executed in duplicate, and
shall be accompanied by two certified copies of the indictment
returned, or information and affidavit filed, or of the
complaint made to the judge, stating the offense with which the
accused is charged, or of the judgment of conviction or of the
sentence. The prosecuting officer, parole board, chief
executive officer, or sheriff may also attach any further
affidavits and other documents in duplicate as deemed proper to
be submitted with the application. One copy of the application,
with the action of the governor indicated by endorsement on it,
and one of the certified copies of the indictment, complaint,
information, and affidavits, or of the judgment of conviction or
of the sentence shall be filed in the office of the secretary of
state to remain of record in that office. The other copies of
all papers shall be forwarded with the governor's requisition.
629.24 [CIVIL PROCESS NOT TO BE SERVED.]
A person brought into this state by, or after waiver of,
extradition based on a criminal charge, shall not be subject to
service of personal process in civil actions arising out of the
same facts as the criminal proceedings to answer which he is
being or has been returned, until he has been convicted in the
criminal proceeding, or, if acquitted, until he has had
reasonable opportunity to return to the state from which he was
extradited.
Any person arrested in this state charged with having
committed any crime in another state or alleged to have escaped
from confinement, or broken the terms of his bail, probation, or
parole, may waive the issuance and service of the warrant
provided for in sections 629.07 and 629.08 and all other
procedure incidental to extradition proceedings, by executing or
subscribing, in the presence of a judge of any court of record
within this state, a writing which states that he consents to
return to the demanding state; provided, that before such waiver
shall be executed or subscribed by such person it shall be the
duty of such judge to inform such person of his rights to the
issuance and service of a warrant of extradition and to obtain a
writ of habeas corpus, as provided for in section 629.10.
If and when such consent has been duly executed, it shall
forthwith be forwarded to the office of the governor of this
state and filed therein. The judge shall direct the officer
having such person in custody to deliver forthwith such person
to the duly accredited agent or agents of the demanding state,
and shall deliver or cause to be delivered to such agent or
agents a copy of such consent; provided, that nothing in this
section shall be deemed to limit the rights of the accused
person to return voluntarily and without formality to the
demanding state, nor shall this waiver procedure be deemed to be
an exclusive procedure or to limit the powers, rights, or duties
of the officers of the demanding state or of this state.
Nothing in sections 629.01 to 629.29 shall be deemed to
constitute a waiver by this state of its right, power, or
privilege to try such demanded person for crime committed within
this state, or of its right, power, or privilege to regain
custody of such person by extradition proceedings or otherwise
for the purpose of trial, sentence, or punishment for any crime
committed within this state, nor shall any proceedings had under
sections 629.01 to 629.29 which result in, or fail to result in,
extradition be deemed a waiver by this state of any of its
rights, privileges, or jurisdiction in any way.
629.25 [TRIAL FOR OTHER CRIMES.]
After a person has been brought back to this state by or
after waiver of extradition proceedings, he may be tried in this
state for other crimes which he may be charged with having
committed here, as well as that specified in the requisition for
his extradition.
629.26 [UNIFORMITY.]
The provisions of sections 629.01 to 629.29 shall be so
interpreted and construed as to effectuate their general
purposes to make uniform the laws of those states which enact
them.
629.27 [GOVERNOR MAY APPOINT AGENT.]
In every case authorized by the constitution and laws of
the United States, the governor may appoint an agent, who shall
be the sheriff of the county from which the application for
extradition shall come, when he can act, to demand of the
executive authority of any state or territory any fugitive from
justice or any person charged with a felony or other crime in
this state; and when an application shall be made to the
governor for that purpose, the attorney general, when so
required by him, shall forthwith investigate or cause to be
investigated by any county attorney the grounds of such
application, and report to the governor all material
circumstances which shall come to his knowledge, with an
abstract of the evidence, and his opinion as to the expediency
of the demand. The accounts of agents so appointed shall in
each case be audited by the county board of the county wherein
the crime upon which extradition proceedings are based shall be
alleged to have been committed, and every such agent shall
receive from the treasury of such county $4 for each calendar
day, and the necessary expenses incurred by him in the
performance of such duties.
629.28 [POWERS OF OFFICERS.]
Any person who has been or shall be convicted of or charged
with a crime in any other state, and who shall be lawfully in
the custody of any officer of the state where such offense is
claimed to have been committed, may be by such officer conveyed
through or from this state, for which purpose such officer shall
have all the powers in regard to his control or custody that an
officer of this state has over a prisoner in his charge.
629.29 [CITATION, UNIFORM CRIMINAL EXTRADITION ACT.]
Sections 629.01 to 629.29 may be cited as the uniform
criminal extradition act.
629.291 [TRANSFER OF INMATES OF CORRECTIONAL FACILITIES TO
FEDERAL DISTRICT COURT FOR TRIAL FOR VIOLATIONS OF FEDERAL
CRIMINAL LAWS.]
When the attorney general of the United States, or any of
his assistants, or the United States attorney for the district
of Minnesota, or any of his assistants, shall present and file
with the governor of Minnesota a written verified petition
stating that at the date of the petition there was imprisoned in
one of the Minnesota correctional facilities, naming the
facility, a certain person, naming the person, then serving a
sentence of imprisonment imposed by one of the courts of record
of Minnesota, which person was at the time of the petition under
indictment in the United States district court for the district
of Minnesota for a violation of a federal criminal law, which
petition shall have attached to it a certified copy of the
indictment, and petitioning the state of Minnesota to consent to
the transfer of such person from such Minnesota correctional
facility to the United States district court for the district of
Minnesota having jurisdiction thereof, for trial under such
indictment, and agreeing to pay all expenses incurred by the
state by reason thereof, the governor shall forthwith hear and
consider the petition and, when satisfied as to the identity of
the person sought to be transferred, the governor may consent to
the transfer of the prisoner by and on behalf of the state of
Minnesota, and may issue his order directing the chief executive
officer of the facility in which the person shall be imprisoned
to transfer the person from the facility to the United States
district court for the district of Minnesota, upon receipt and
service of a proper process issued out of the United States
district court naming the time and place where the prisoner
shall be wanted for trial, and directing the chief executive
officer of the facility to retain custody of the prisoner during
the trial and, at the conclusion of the trial after judgment
shall have been pronounced by the United States district court,
to return the prisoner to the facility from which he was taken,
to be there kept until released pursuant to the laws of the
state of Minnesota and, prior to the time for the release of any
such prisoner who shall be under sentence in the United States
district court, the chief executive officer of the facility in
which the prisoner is in custody shall notify the United States
marshal in and for the district of Minnesota and shall at the
time of such release surrender such prisoner to him to be dealt
with in accordance with the laws of the United States.
Subdivision 1. [PETITION FOR TRANSFER.] The attorney general of
the United States, or any of his or her assistants, or the
United States attorney for the district of Minnesota, or any of
his or her assistants, may file a petition with the governor
requesting the state of Minnesota to consent to transfer an
inmate, serving a term of imprisonment in a Minnesota
correctional facility for violation of a Minnesota criminal law,
to the United States district court for the purpose of being
tried for violation of a federal criminal law. In order for a
petition to be filed under this section, the inmate must at the
time of the filing of the petition be under indictment in the
United States district court for Minnesota for violation of a
federal criminal law. The petition must name the inmate for
whom transfer is requested and the Minnesota correctional
facility in which the inmate is imprisoned. The petition must
be verified and have a certified copy of the federal indictment
attached to it. The petitioner must agree in the petition to
pay all expenses incurred by the state in transferring the
inmate to the United States court for trial.
Subd. 2. [GOVERNOR'S CONSENT AND ORDER.] Upon hearing a
petition, the governor may consent to transfer of the inmate on
behalf of the state of Minnesota if satisfied as to the identity
of the inmate sought to be transferred. Upon receiving proper
process issued by the United States district court stating the
time and place where the inmate will be tried, the governor may
issue an order directing the chief executive officer of the
correctional facility in which the inmate is imprisoned to
transfer the inmate to the United States district court for the
district of Minnesota. The order must direct the chief
executive officer of the facility to retain custody of the
inmate during the trial in federal court and, at conclusion of
the trial after judgment is pronounced by the United States
district court, direct the federal court to return the inmate to
the correctional facility from which the inmate was taken. The
order must require that an inmate sentenced for a violation of a
federal criminal law after transfer under this section and trial
serve the remainder of the sentence imposed for violation of a
Minnesota criminal law before being released to the federal
authorities.
Subd. 3. [NOTIFYING UNITED STATES MARSHAL.] Before release
of an inmate who has been sentenced for a violation of a federal
criminal law in United States district court, the chief
executive officer of the correctional facility in which the
inmate is serving a sentence for violation of a Minnesota
criminal law shall notify the United States marshal for the
district of Minnesota. Upon release of the inmate, the chief
executive officer shall surrender the inmate to the federal
authorities to be dealt with in accordance with the laws of the
United States.
629.292 [UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT.]
Subdivision 1. [REQUEST FOR DISPOSITION; NOTIFICATION OF
PRISONER.] (a) Any person who is imprisoned in a penal or
correctional institution or other facility in the department of
corrections of this state may request final disposition of any
untried indictment or information pending against him in this
state. The request shall be in writing addressed to the court
in which the indictment or information is pending and to the
prosecuting attorney charged with the duty of prosecuting it,
and shall set forth the place of imprisonment.
(b) The commissioner of corrections or other official
designated by him having custody of prisoners shall promptly
inform each prisoner in writing of the source and nature of any
untried indictment or information against him of which the
commissioner of corrections or such official had knowledge or
notice and of his right to make a request for final disposition
thereof.
(c) Failure of the commissioner of corrections or other
such official to inform a prisoner, as required by this section,
within one year after a detainer has been filed at the
institution shall entitle him to a final dismissal of the
indictment or information with prejudice.
Subd. 2. [PROCEDURE ON RECEIPT OF REQUEST.] The request
shall be delivered to the commissioner of corrections or other
official designated by him having custody of the prisoner, who
shall forthwith
(a) certify the term of commitment under which the prisoner
is being held, the time already served on the sentence, the time
remaining to be served, the good time earned, the time of parole
eligibility of the prisoner, and any decisions of the
commissioner of corrections relating to the prisoner; and
(b) send by registered or certified mail, return receipt
requested, one copy of the request and certificate to the court
and one copy to the prosecuting attorney to whom it is addressed.
Subd. 3. [TIME OF TRIAL.] Within six months after the
receipt of the request and certificate by the court and
prosecuting attorney, or within such additional time as the
court for good cause shown in open court may grant, the prisoner
or his counsel being present, the indictment or information
shall be brought to trial; but the parties may stipulate for a
continuance or a continuance may be granted on notice to the
attorney of record and opportunity for him to be heard. If,
after such a request, the indictment or information is not
brought to trial within that period, no court of this state
shall any longer have jurisdiction thereof, nor shall the
untried indictment or information be of any further force or
effect, and the court shall dismiss it with prejudice.
Subd. 4. [EFFECT OF ESCAPE.] Escape from custody by any
prisoner subsequent to his execution of a request for final
disposition of an untried indictment or information voids the
request.
Subd. 5. [NOTIFICATION OF EXISTENCE OF PROCEDURE.] The
commissioner of corrections or other official designated by him
having custody of prisoners shall arrange for all prisoners to
be informed in writing of the provisions of this section, and
for a record thereof to be placed in the prisoner's file.
Subd. 6. [UNIFORMITY.] This section shall be so construed
as to effectuate its general purpose to make uniform the law of
those states which enact it.
Subd. 7. [CITATION.] This section may be cited as the
uniform mandatory disposition of detainers act.
629.294 [INTERSTATE AGREEMENT ON DETAINERS.]
Subdivision 1. [AGREEMENT.] The agreement on detainers is
hereby enacted into law and entered into by this state with all
other jurisdictions legally joining therein in it in the form
substantially as follows:
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding against a
prisoner, detainers based on untried indictments, informations
or complaints, and difficulties in securing speedy trial of
persons already incarcerated in other jurisdictions, produce
uncertainties which obstruct programs of prisoner treatment and
rehabilitation. Accordingly, it is the policy of the party
states and the purpose of this agreement to encourage the
expeditious and orderly disposition of such charges and
determination of the proper status of any and all detainers
based on untried indictments, informations, or complaints. The
party states also find that proceedings with reference to such
charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative
procedures. It is the further purpose of this agreement to
provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the
United States of America; a territory or possession of the
United States; the District of Columbia; the Commonwealth of
Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner
is incarcerated at the time that he initiates a request for
final disposition pursuant to Article III hereof or at the time
that a request for custody or availability is initiated pursuant
to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial
is to be had on an indictment, information, or complaint
pursuant to Article III or Article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of
imprisonment in a penal or correctional institution of a party
state, and whenever during the continuance of the term of
imprisonment there is pending in any other party state any
untried indictment, information, or complaint on the basis of
which a detainer has been lodged against the prisoner, he shall
be brought to trial within 180 days after he shall have caused
to be delivered to the prosecuting officer and the appropriate
court of the prosecuting officer's jurisdiction written notice
of the place of his imprisonment and his request for a final
disposition to be made of the indictment, information, or
complaint; provided that for good cause shown in open court, the
prisoner or his counsel being present, the court having
jurisdiction of the matter may grant any necessary or reasonable
continuance. The request of the prisoner shall be accompanied
by a certificate of the appropriate official having custody of
the prisoner, stating the term of commitment under which the
prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any
decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition
referred to in paragraph (a) hereof shall be given or sent by
the prisoner to the warden, commissioner of corrections, or
other official having custody of him, who shall promptly forward
it together with the certificate to the appropriate prosecuting
official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of corrections, or other
official having custody of the prisoner shall promptly inform
him of the source and contents of any detainer lodged against
him and shall also inform him of his right to make a request for
final disposition of the indictment, information, or complaint
on which the detainer is based.
(d) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall operate as a request for
final disposition of all untried indictments, informations, or
complaints on the basis of which detainers have been lodged
against the prisoner from the state to whose prosecuting
official the request for final disposition is specifically
directed. The warden, commissioner of corrections, or other
official having custody of the prisoner shall forthwith notify
all appropriate prosecuting officers and courts in the several
jurisdictions within the state to which the prisoner's request
for final disposition is being sent of the proceeding being
initiated by the prisoner. Any notification sent pursuant to
this paragraph shall be accompanied by copies of the prisoner's
written notice, request, and the certificate. If trial is not
had on any indictment, information, or complaint contemplated
hereby prior to the return of the prisoner to the original place
of imprisonment, such indictment, information, or complaint
shall not be of any further force or effect, and the court shall
enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall also be deemed to be a
waiver of extradition with respect to any charge or proceeding
contemplated thereby or included therein by reason of paragraph
(d) hereof, and a waiver of extradition to the receiving state
to serve any sentence there imposed upon him, after completion
of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the
prisoner to the production of his body in any court where his
presence may be required in order to effectuate the purposes of
this agreement and a further consent voluntarily to be returned
to the original place of imprisonment in accordance with the
provisions of this agreement. Nothing in this paragraph shall
prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his
execution of the request for final disposition referred to in
paragraph (a) hereof shall void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an
untried indictment, information, or complaint is pending shall
be entitled to have a prisoner against whom he has lodged a
detainer and who is serving a term of imprisonment in any party
state made available in accordance with Article V(a) hereof upon
presentation of a written request for temporary custody or
availability to the appropriate authorities of the state in
which the prisoner is incarcerated; provided that the court
having jurisdiction of such indictment, information, or
complaint shall have duly approved, recorded, and transmitted
the request; and provided further that there shall be a period
of 30 days after receipt by the appropriate authorities before
the request be honored, within which period the governor of the
sending state may disapprove the request for temporary custody
or availability, either upon his own motion or upon motion of
the prisoner.
(b) Upon receipt of the officer's written request as
provided in paragraph (a) hereof, the appropriate authorities
having the prisoner in custody shall furnish the officer with a
certificate stating the term of commitment under which the
prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any
decisions of the state parole agency relating to the prisoner.
Said authorities simultaneously shall furnish all other officers
and appropriate courts in the receiving state who have lodged
detainers against the prisoner with similar certificates and
with notices informing them of the request for custody or
availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this
article, trial shall be commenced within 120 days of the arrival
of the prisoner in the receiving state, but for good cause shown
in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary
or reasonable continuance.
(d) Nothing contained in this article shall be construed to
deprive any prisoner of any right which he may have to contest
the legality of his delivery as provided in paragraph (a)
hereof, but such delivery may not be opposed or denied on the
grounds that the executive authority of the sending state has
not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information, or
complaint contemplated hereby prior to the prisoner's being
returned to the original place of imprisonment pursuant to
Article V(e) hereof, such indictment, information, or complaint
shall not be of any further force or effect, and the court shall
enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or
Article IV hereof, the appropriate authority in a sending state
shall offer to deliver temporary custody of such prisoner to the
appropriate authority in the state where such indictment,
information, or complaint is pending against such person in
order that speedy and efficient prosecution may be had. If the
request for final disposition is made by the prisoner, the offer
of temporary custody shall accompany the written notice provided
for in Article III of this agreement. In the case of a federal
prisoner, the appropriate authority in the receiving state shall
be entitled to temporary custody as provided by this agreement
or to the prisoner's presence in federal custody at the place
for trial, whichever custodial arrangement may be approved by
the custodian.
(b) The officer or other representative of a state
accepting an offer of temporary custody shall present the
following upon demand:
(1) Proper identification and evidence of his authority to
act for the state into whose temporary custody the prisoner is
to be given.
(2) A duly certified copy of the indictment, information,
or complaint on the basis of which the detainer has been lodged
and on the basis of which the request for temporary custody of
the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to
accept temporary custody of said person, or in the event that an
action on the indictment, information, or complaint on the basis
of which the detainer has been lodged is not brought to trial
within the period provided in Article III or Article IV hereof,
the appropriate court of the jurisdiction where the indictment,
information, or complaint has been pending shall enter an order
dismissing the same with prejudice, and any detainer based
thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement
shall be only for the purpose of permitting prosecution on the
charge or charges contained in one or more untried indictments,
informations, or complaints which form the basis of the detainer
or detainers or for prosecution on any other charge or charges
arising out of the same transaction. Except for his attendance
at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held
in a suitable jail or other facility regularly used for persons
awaiting prosecution.
(e) At the earliest practicable time consonant with the
purposes of this agreement, the prisoner shall be returned to
the sending state.
(f) During the continuance of temporary custody or while
the prisoner is otherwise being made available for trial as
required by this agreement, time being served on the sentence
shall continue to run but good time shall be earned by the
prisoner only if, and to the extent that, the law and practice
of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary
custody as provided in this agreement is exercised, the prisoner
shall be deemed to remain in the custody of and subject to the
jurisdiction of the sending state and any escape from temporary
custody may be dealt with in the same manner as an escape from
the original place of imprisonment or in any other manner
permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is
returned to the territory and custody of the sending state, the
state in which the one or more untried indictments,
informations, or complaints are pending, or in which trial is
being had, shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping, and
returning the prisoner. The provisions of this paragraph shall
govern unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of
costs and responsibilities as between or among themselves.
Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies, and
officers of and in the government of a party state, or between a
party state and its subdivisions, as to the payment of costs, or
responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the
time periods provided in Articles III and IV of this agreement,
the running of said time periods shall be tolled whenever and
for as long as the prisoner is unable to stand trial, as
determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made
available by this agreement, shall apply to any person who is
adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an
officer who, acting jointly with like officers of other party
states, shall promulgate rules and regulations to carry out more
effectively the terms and provisions of this agreement, and who
shall provide, within and without the state, information
necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to
a party state when such state has enacted the same into law. A
state party to this agreement may withdraw herefrom by enacting
a statute repealing the same. However, the withdrawal of any
state shall not affect the status of any proceedings already
initiated by inmates or by state officers at the time such
withdrawal takes effect, nor shall it affect their rights in
respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as to
effectuate its purposes. The provisions of this agreement shall
be severable and if any phrase, clause, sentence, or provision
of this agreement is declared to be contrary to the constitution
of any party state or of the United States or the applicability
thereof to any government, agency, person, or circumstance is
held invalid, the validity of the remainder of this agreement
and the applicability thereof to any government, agency, person,
or circumstance shall not be affected thereby. If this
agreement shall be held contrary to the constitution of any
state party hereto, the agreement shall remain in full force and
effect as to the remaining states and in full force and effect
as to the state affected as to all severable matters.
Subd. 2. [APPROPRIATE COURT.] The phrase "Appropriate
court" as used in the agreement on detainers shall, with
reference to the courts of this state, mean means the district
court.
Subd. 3. [ENFORCEMENT.] All Courts, departments, agencies,
officers, and employees of this state and its political
subdivisions are hereby directed to shall enforce the agreement
on detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating
carrying out its purpose.
Subd. 4. [HABITUAL OFFENDERS.] Nothing in Neither this
section or in nor the agreement on detainers shall be construed
to require requires the application of the a habitual offenders
law to any a person on account of any a conviction had in a
proceeding brought to final disposition by reason of the use of
said agreement.
Subd. 5. [ESCAPES.] Whoever departs without lawful
authority from custody while in another state pursuant to under
the agreement on detainers shall be deemed is considered to have
escaped and may be punished as provided in section 609.485,
subdivision 4.
Subd. 6. [DELIVERY OF INMATE.] It shall be lawful and
mandatory upon The warden or other official in charge of a penal
or chief executive officer of a correctional institution in this
state to shall give over the person of any an inmate thereof
whenever so required to do so by the operation of the agreement
on detainers.
Subd. 7. [ADMINISTRATION.] The commissioner of corrections
or his designee shall be is the central administrator and
information agent for the agreement on detainers.
Subd. 8. [DISTRIBUTION OF COPIES OF ACT.] Copies of this
act shall must, upon its approval, be transmitted to the
governor of each state, the attorney general and the
administrator of general services of the United States, and the
council of state governments.
629.30 [ARRESTS; BY WHOM MADE; AIDING OFFICER.]
Subdivision 1. [DEFINITION.] Arrest is the means taking of
a person into custody that he the person may be held to answer
for a public offense, and. "Arrest" includes actually
restraining a person or taking into custody a person who submits.
Subd. 2. [WHO MAY ARREST.] An arrest may be made:
(1) By a peace officer under a warrant;
(2) By a peace officer without a warrant;
(3) By an officer in the United States customs service or
the immigration and naturalization service without a warrant;
(4) By a private person.
Every A private person shall aid an a peace officer in
the execution of executing a warrant when requested so to do so
by such the officer, who is himself present and acting in its
execution.
629.31 [TIME OF WHEN ARREST MAY BE MADE.]
If the offense charged is An arrest for a felony or gross
misdemeanor, arrest may be made on any day and at any time of
the day or night; if it is. An arrest for a misdemeanor, arrest
shall may not be made on Sunday or between the hours of 10:00
p.m. and 8:00 a.m. on any other day unless upon the direction of
except:
(1) when the judge endorsed upon orders in the
warrant, that the arrest may be made between those hours; or
unless
(2) when the person named in the warrant is found on a
public highway or street.
629.32 [MINIMUM RESTRAINT, ALLOWED FOR ARREST; WARRANT TO
MUST BE SHOWN UPON REQUEST.]
An arrest is made by the actual restraint of the person of
the defendant or by his submission to the custody of the
officer; but he shall not be subjected A peace officer making an
arrest may not subject the person arrested to any more restraint
than shall be is necessary for his the arrest and detention,
and. The peace officer shall inform the defendant that he the
officer is acting under the authority of a warrant, and shall
show him the defendant the warrant if requested to do so
required. An arrest by a peace officer acting under a warrant
is lawful even though the officer does not have the warrant
in his possession hand at the time of the arrest, but if the
arrested person so requests the warrant shall must be shown to
him that person as soon as possible and practicable. An arrest
A peace officer may lawfully be made by a peace officer arrest a
person when advised by any other peace officer in the state that
a warrant has been issued for that person.
629.33 [MEANS WHEN FORCE MAY BE USED TO MAKE ARREST.]
If, after notice of intention to arrest defendant, he shall
flee or forcibly resist If a peace officer has informed a
defendant that the officer intends to arrest the defendant, and
if the defendant then flees or forcibly resists arrest, the
officer may use all necessary and lawful means to effect his
make the arrest, provided the officer but may not use deadly
force unless authorized to do so under section 609.066. He
After giving notice of the authority and purpose of entry, a
peace officer may break open an inner or outer door or window of
a dwelling house to execute a warrant if, after notice of his
authority and purpose, he is refused admittance, or when
necessary for his own liberation, or for the purpose of
liberating another person who, having entered to make an arrest,
is detained therein:
(1) the officer is refused admittance;
(2) entry is neccessary for the officer's own liberation;
or
(3) entry is necessary for liberating another person who is
being detained in the dwelling house after entering to make an
arrest.
629.34 [WHEN ARREST MAY BE MADE WITHOUT A WARRANT.]
Subdivision 1. [PEACE OFFICER.] A peace officer may,
without warrant, arrest a person:
(1) For a public offense committed or attempted in his the
officer's presence;
(2) When the person arrested has committed a felony,
although not in his presence;
(3) When a felony has in fact been committed, and he the
officer has reasonable cause for believing the person arrested
to have committed it; or
(4) Upon a charge made based upon reasonable cause of the
commission of a felony by the person arrested.
To make such arrest After a peace officer has told the
person to be arrested that he or she is a peace officer and
intends to arrest that person, the officer may break open an
outer or inner door or window of a dwelling house if, after
notice of his office and purpose, he shall be the officer is
refused admittance.
Subd. 2. [CUSTOMS SERVICE, IMMIGRATION AND NATURALIZATION
SERVICE OFFICER.] An officer in the United States customs
service or the immigration and naturalization service, without a
warrant, may arrest a person if the following without a warrant
under the circumstances exist specified in clauses (a) and (b):
(a) when the officer is on duty within the scope of
assignment and one or more of the following situations exist:
(i) (1) the person commits an assault in the fifth degree,
as defined in section 609.224, against the officer.;
(ii) (2) the person commits an assault in the fifth degree,
as defined in section 609.224, on any other person in the
presence of the officer, or commits any felony.;
(iii) (3) the officer has reasonable cause to believe that
a felony has been committed and reasonable cause to believe that
the person committed it.; or
(iv) (4) the officer has received positive information by
written, teletypic, telephonic, radio, or other authoritative
source that a peace officer holds a warrant for the person's
arrest; or
(b) when the assistance of the officer has been requested
by another Minnesota law enforcement agency.
629.341 [ALLOWING PROBABLE CAUSE ARRESTS; FOR DOMESTIC
VIOLENCE; IMMUNITY FROM LIABILITY.]
Subdivision 1. [ARREST.] Notwithstanding the provisions of
section 629.34 or any other law or rule to the contrary, a peace
officer may arrest without a warrant a person anywhere without a
warrant, including at his place of the person's residence if the
peace officer has probable cause to believe that the person
within the preceding four hours has assaulted, threatened with a
dangerous weapon, or placed in fear of immediate bodily harm his
or her spouse, former spouse, or other person with whom he or
she resides or has formerly resided, although. The arrest may
be made even though the assault did not take place in the
presence of the peace officer.
Subd. 2. [IMMUNITY.] Any A peace officer acting in good
faith and exercising due care in the making of an arrest
pursuant to subdivision 1 shall have immunity is immune from
civil liability that otherwise might result by reason of his
from the officer's action.
Subd. 3. [NOTICE OF RIGHTS.] The peace officer shall
advise tell the victim of the availability of whether a shelter
or other services are available in the community and give the
victim immediate notice of the legal rights and remedies
available. The notice shall must include furnishing the victim
a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask
the city or county attorney to file a criminal complaint. You
also have the right to go to court and file a petition
requesting an order for protection from domestic abuse which.
The order could include the following:
(a) (1) an order restraining the abuser from further acts
of abuse;
(b) (2) an order directing the abuser to leave your
household;
(c) (3) an order preventing the abuser from entering your
residence, school, business, or place of employment;
(d) (4) an order awarding you or the other parent custody
of or visitation with your minor child or children; or
(e) (5) an order directing the abuser to pay support to you
and the minor children if the abuser has a legal obligation to
do so."
The notice shall must include the resource listing,
including telephone number, for the area battered women's
shelter, to be designated by the department of corrections.
Subd. 4. [REPORT REQUIRED.] Whenever a peace officer
investigates an allegation that an incident described in
subdivision 1 has occurred, whether or not an arrest is made,
the officer shall make a written police report of the alleged
incident. The officer must shall submit the report to his or
her supervisor or other person to whom the employer's rules or
policies require reports of similar allegations of criminal
activity to be made.
Subd. 5. [TRAINING.] The board of peace officer standards
and training shall provide a copy of this section to every law
enforcement agency in this state on or before June 30, 1983.
Upon request of the board of peace officer standards and
training to the bureau of criminal apprehension, the subject
matter of at least one training course must include instruction
in the subject matter of about domestic abuse. Every A basic
skills course required in order to obtain for initial licensure
as a peace officer must, after January 1, 1985, include at least
three hours of training in handling domestic violence cases.
629.35 [WHEN ARREST AT NIGHT IS PERMISSIBLE.]
Such A peace officer may at night, without a warrant,
arrest any a person whom he at night without a warrant if the
officer has reasonable cause for believing to have believe that
person has committed a felony, and shall be justified in making
such arrest, though it shall afterwards appear that no felony
has been committed; but when so arresting a person without a
warrant, the officer shall inform him of his authority and the
cause of the arrest, except when he shall be in the actual
commission of a public offense, or shall be pursued immediately
after an escape. An arrest under this section is lawful even if
it appears after the arrest that no felony has been committed.
When arresting a person at night without a warrant, a peace
officer shall inform that person of the officer's authority and
the cause of the arrest. This warning need not be given if the
person is apprehended while committing a public offense or is
pursued immediately after escape.
629.36 [ARREST BY PERMITTING BYSTANDER TO DELIVER ARRESTED
PERSON TO PEACE OFFICER.]
A peace officer may take before a judge a person who, being
engaged in a breach of the peace, is arrested by a bystander and
delivered to him When a bystander arrests a person for breach of
the peace, the bystander may deliver that person to a peace
officer. The peace officer shall take the arrested person to a
judge for criminal processing. When a public offense is
committed in the presence of a judge, he the judge may, by
written or verbal order, command any person to arrest the
offender, and then proceed as if the offender had been brought
before him the court on a warrant of arrest.
629.361 [RESTORATION OF STOLEN PROPERTY; DUTY OF MAKING
PEACE OFFICERS RESPONSIBLE FOR CUSTODY OF STOLEN PROPERTY.]
The A peace officer arresting any a person charged as
principal or accessory in any with committing or aiding in the
committing of a robbery, aggravated robbery, or theft shall use
reasonable diligence to secure the property alleged to have been
stolen, and. After seizure of the property, the officer shall
be answerable therefor for it while it remains in his hands, and
the officer's custody. The officer shall annex a
schedule thereof of the property to his the return of the
warrant. When the county attorney shall require such property
for use as evidence upon the examination or trial, such officer,
upon his demand, shall deliver it to him and take his receipt
therefor, after which such county attorney shall be responsible
for the same Upon request of the county attorney, the law
enforcement agency that has custody of the property alleged to
have been stolen shall deliver the property to the custody of
the county attorney for use as evidence at an omnibus hearing or
at trial. The county attorney shall make a receipt for the
property and be responsible for the property while it is in her
or his custody. Upon conviction of When the offender is
convicted, whoever shall hold such has custody of the property
shall turn it over to the owner.
629.362 [ESCAPED PRISONER RECAPTURED RECAPTURING AN ESCAPED
INMATE; TERM OF IMPRISONMENT.]
Every A prisoner in custody under sentence of imprisonment
for any crime who shall escape escapes from custody may be
recaptured and imprisoned for a term equal to the unexpired
portion of the original term.
629.363 [RAILWAY CONDUCTOR; AUTHORITY TO ARREST.]
Every A conductor of a railway train, with or without
warrant, may arrest any a person committing any an act upon
the train specified in prohibited by sections 609.605 and 609.72
with or without a warrant, and take him before a judge or to the
next railway station, and deliver him take that person to the
proper officer law enforcement authorities, or to the station
agent, who shall take the person before the proper judge or
deliver him to the officer at the next railway station. The
station agent shall take the arrested person to the law
enforcement authorities. Every A conductor and or station
agent shall in such case possess all possesses the powers of a
sheriff with a warrant in making arrests under this chapter.
629.364 [AUTHORIZING ARRESTS FOR SWINDLING.]
Every person may, and every conductor or other employee on
any railway car or train, captain, clerk, or other employee on
any boat, station agent at any depot, officer of any fair or
fairground, proprietor or employee of any place of public
resort, with or without warrant, shall, arrest any person found
in the act of committing any of the offenses described in
section 609.52, subdivision 2, clause (4), or any person who, he
has good reason to believe, has been guilty of the offense, and
take him before a court having jurisdiction, and make written
complaint under oath against him. Every (a) The following
persons shall arrest, with or without a warrant, a person found
committing an offense described in section 609.52, subdivision
2, clause (4):
(1) a conductor or other employee on a railway car or train;
(2) a captain, clerk, or other employee on a boat;
(3) a station agent at a depot;
(4) an officer of a fair or fairground; or
(5) a proprietor or employee of a public resort.
(b) A person not required to make an arrest under clause
(a) may arrest, with or without a warrant, a person found
committing an offense described in section 609.52, subdivision
2, clause (4).
(c) A person making an arrest under clause (a) or (b) shall
take the arrested person to the proper law enforcement
authorities and have a written complaint issued against that
person. A person making an arrest shall have the same power and
under clause (a) or (b) has the same authority in all respects
as an a peace officer with a warrant, including the power to
summon assistance. The person shall also arrest the person
injured by reason of the offense, and take him that person
before a court, which shall require him that person to give
security for his or her appearance as a witness on trial of the
case. The person shall receive for his services the same
compensation as is provided for sheriffs
(d) A victim of an offense described in section 609.52 who
testifies at trial against the person arrested for the offense
shall receive the fee for travel and attendance provided in
section 357.24.
629.365 [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of In
sections 629.365 and 629.366 the terms defined in this section
have the meanings ascribed to given them.
Subd. 2. [MERCHANT.] "Merchant" means any a person who
owns or has in his possession or subject to his control,
possesses, or controls personal property with authority to
sell the same it in the regular course of business at retail or
wholesale.
Subd. 3. [PERSON.] "Person" includes an individual, a
partnership, corporation, or association.
629.366 [THEFT IN BUSINESS ESTABLISHMENTS; DETENTION OF
DETAINING SUSPECTS.]
Subdivision 1. [CIRCUMSTANCES JUSTIFYING DETENTION.] A
merchant or merchant's employee who has reasonable cause for
believing that may detain a person for the sole purpose of
delivering him or her to a peace officer if the merchant or
employee has reasonable cause to believe:
(1) that the person has taken, or is in the act of
taking, any an article of value without paying therefor for it,
from the possession of the merchant in his or her place of
business or from any a vehicle or premises under his the
merchant's control, with the intent wrongfully to deprive the
merchant of his property or the use and benefit thereof or to
appropriate the same to the use of the taker or any other
person, may detain such person for the sole purpose of
delivering him to a peace officer without unnecessary delay and
then and there making a charge against such person to the peace
officer;
(2) that the taking is done with the intent to wrongfully
deprive the merchant of the property or the use or benefit of
it; or
(3) that the taking is done with the intent to appropriate
the use of the property to the taker or any other person.
The merchant or employee shall deliver the detained person
to a peace officer without unnecessary delay. The person
detained shall be informed promptly of the purpose of the
detention and shall may not be subjected to unnecessary or
unreasonable force, nor to interrogation against his or her will.
Subd. 2. [ARREST.] Upon a charge being made by a merchant
or merchant's employee, a peace officer may, without a warrant,
arrest any a person without a warrant, whom he if the officer
has reasonable cause for believing that the person has committed
or attempted to commit the offense described in subdivision 1.
Subd. 3. [IMMUNITY.] No merchant, merchant's employee, or
peace officer shall be is criminally or civilly liable for false
arrest or false imprisonment or wrongful detention
under subdivisions subdivision 1 or 2 if his the arresting
person's action was is based upon reasonable cause.
629.37 [ARREST BY WHEN A PRIVATE PERSON MAY MAKE AN
ARREST.]
A private person may arrest another:
(1) for a public offense committed or attempted in his the
arresting person's presence;
(2) when such the person arrested has committed a felony,
although not in his the arresting person's presence; or
(3) when a felony has in fact been committed, and he the
arresting person has reasonable cause for believing the person
arrested to have committed it.
629.38 [DISCLOSURE OF CAUSE; MEANS USED REQUIRING A PRIVATE
PERSON TO DISCLOSE CAUSE OF ARREST.]
Before making an arrest such a private person shall inform
the person to be arrested of the cause thereof of the arrest and
require him or her to submit, except when he is in the actual
commission of. The warning required by this section need not be
given if the person is arrested while committing the offense or
when he shall be the person is arrested on pursuit immediately
after its commission committing the offense. If such a person
has committed a felony, such a private person , after notice of
his intention to make the arrest, if he shall be refused
admittance, may break open an outer or inner door or window of a
dwelling house for the purpose of making to make the same arrest
if, before entering, the private person informs the person to be
arrested of his or her intent to make the arrest and the private
person is then refused admittance.
629.39 [REQUIRING PRIVATE PERSON MAKING ARREST, PROCEEDINGS
TO DELIVER ARRESTEE TO JUDGE OR PEACE OFFICER.]
Every A private person who arrests another for the
commission of a public offense shall, without unnecessary delay,
take him the arrested person before a judge or deliver him to a
peace officer without unnecessary delay. If a person arrested
escapes, the person from whose custody he or she has escaped may
immediately pursue and retake him the escapee, at any time and
in any place in the state. For that purpose, after notice of
his intention and refusal of admittance, he the pursuer may
break open any door or window of a dwelling house if the pursuer
informs the escapee of his or her intent to arrest the escapee
and the pursuer is refused admittance.
629.40 [ALLOWING ARRESTS, ANYWHERE IN STATE.]
Subdivision 1. [DEFINITION.] In this section "peace
officer" has the meaning given it in section 626.84, subdivision
1, paragraph (c).
Subd. 2. [OUT OF JURISDICTION ARRESTS.] In any
case wherein any sheriff, deputy sheriff, police officer,
marshal, constable, or in which a peace officer may by law,
either with or without a warrant, arrest any a person for or
upon a charge of any criminal offense committed within his the
jurisdiction of the officer, and the person to be arrested
escapes from or is out of the county, statutory or home rule
charter city, or town, the officer may pursue and apprehend the
person to be arrested anywhere in this state.
Subd. 2 3. [AUTHORITY FOR OUT OF JURISDICTION ARRESTS.]
When any sheriff, deputy sheriff, police officer, marshal,
constable, or a peace officer shall, in obedience to the order
of a court, or proper police authority, or in fresh pursuit as
provided in subdivision 1, be is outside of his the jurisdiction
he of the officer, that officer is serving in his or her regular
line of duty as fully as though he was within his or her
jurisdiction.
629.401 [DELAYING TO TAKE PRISONER BEFORE JUDGE.]
Every public officer or other person having arrested any
person upon a criminal charge, who shall willfully and
wrongfully delay to take him before a judge having jurisdiction
to take his examination, is guilty of a gross misdemeanor A
peace officer or other person who willfully and wrongfully
delays taking an arrested person before a judge having
appropriate criminal jurisdiction is guilty of a gross
misdemeanor.
629.402 [ARREST WITHOUT AUTHORITY.]
Every It is a gross misdemeanor for a public officer, or
person pretending to be a public officer, who shall knowingly
, and under the pretense or color of any process, (1) to arrest
any a person or detain him a person against his or her will,
or shall (2) to seize or levy upon any property, or (3) to
dispossess any one of any lands or tenements, without a regular
process therefor, shall be guilty of a gross misdemeanor for
those actions.
629.403 [REFUSING PROHIBITING REFUSAL TO MAKE ARREST OR TO
AID OFFICER MAKE ARREST.]
Every person who, after having been lawfully commanded by
any judge to arrest another person, willfully neglects or
refuses to do so, and every person who, after having been
lawfully commanded to aid an officer in arresting any person, or
in retaking any person who has escaped from lawful custody, or
in executing any legal process, willfully neglects or refuses to
aid the officer, is guilty of a misdemeanor A person who
willfully neglects or refuses to arrest another person after
having been lawfully directed to do so by a judge is guilty of a
misdemeanor.
A person who willfully neglects or refuses to aid a peace
officer after being lawfully directed to aid the officer (1) in
making an arrest, or (2) in retaking a person who has escaped
from custody, or (3) in executing a legal process, is guilty of
a misdemeanor.
629.404 [COUNTIES OR MUNICIPALITIES CAUSING ARREST;
REQUIRING RETURN TRANSPORTATION.]
Subdivision 1. [RETURN TRANSPORTATION.] Every A county or
municipality which causes to be issued a warrant for arrest for
a person pursuant to under section 629.41 and Rules 3.01 and
19.01 of the rules of criminal procedure, shall furnish return
transportation, upon request to the person so arrested. Such
transportation shall be furnished The person must be transported
to the municipality or township of his or her residence in
Minnesota after a trial or final hearing on the matter.
Subd. 2. [EXCEPTIONS.] This section shall does not apply:
(1) to arrests made outside the state pursuant to sections
629.01 to 629.291;
(2) where if the person is convicted or pleads guilty to
any offense; or
(3) where if the arrest is made pursuant to under section
629.61.
629.41 [AUTHORIZING JUDGES TO ISSUE PROCESS, ISSUANCE FOR
ARREST.]
Judges, in vacation as well as in term time, are authorized
to may issue process to carry into effect the provisions of out
law for the apprehension of persons charged with offenses.
629.44 [ALLOWING RECOGNIZANCE BY OFFENDER, DUTY OF JUDGE IN
CASES NOT PUNISHABLE BY IMPRISONMENT IN MINNESOTA CORRECTIONAL
FACILITY-STILLWATER.]
In every case where the A person arrested with a warrant
for an offense charged in the warrant is not punishable by
imprisonment in the Minnesota Correctional
Facility-Stillwater, upon request of the person arrested, may
ask to enter into a recognizance. If the person asks, the peace
officer making the arrest shall take him the arrested person
before a judge of the county in which the arrest is made,
for the purpose of entering into a recognizance without trial or
examination hearing. The judge may take from him the arrested
person a recognizance with sufficient sureties for his that
person's appearance before the court having jurisdiction of the
offense in the county, and he shall then be liberated. After
the recognizance is taken, the judge shall release the arrested
person. The judge taking bail shall certify that fact the
release of the arrested person on bail upon the warrant, and
deliver it, with the recognizance, to the person making the
arrest, who. The person making the arrest shall deliver it,
without unnecessary delay, to the clerk of the court before
which the accused was recognized to appear. On application of
the complainant, the judge who issued the warrant, or the county
attorney, shall summon any witnesses as he deems the judge or
county attorney considers necessary.
629.45 [PROCEEDINGS IN THE CASE OF BAIL REFUSED;
PROCEEDINGS REFUSAL.]
If the a judge in the county where the an arrest was is
made refuses to bail release the person arrested and brought
before him on bail, or if no sufficient bail is not offered, the
person having him officer in charge of that person shall take
him or her before the judge who issued the warrant, or, in his
absence,. If the judge who issued the warrant is absent, the
officer in charge of the arrested person shall take him or her
before some other judge of the county in which the warrant was
issued, to be proceeded with as directed.
629.47 [HEARING OR TRIAL ADJOURNED; RECOGNIZANCE ALLOWED.]
Subject to the right of the accused to a speedy trial as
prescribed by the rules of criminal procedure, every a court may
adjourn a hearing or trial from time to time, as occasion shall
require the need arises and reconvene the hearing or trial it at
the same or a different place in the county. If the person is
charged with an offense not bailable, he shall be committed in
the meantime; otherwise the conditions for his release shall be
those specified by During the adjournment, the person being
tried may be released in accordance with Rule 6.02 of the rules
of criminal procedure. The maximum cash bail that may be
required for a person charged with a misdemeanor shall be is
double the highest cash fine which may be imposed for the
offense.
629.48 [PROCEEDINGS ON FAILURE TO APPEAR ACCORDING TO
BOND.]
If a person released under appearance bond as provided by
Rule 6.02 of the rules of criminal procedure does not appear
according to the conditions of the bond, the court shall record
the default and certify the bond, with the record of the
default, to the district court, and like proceedings. The
district court shall be had thereon as upon violation of a
condition of a release as hear the default in accordance with
the procedures provided in Rule 6.03 of the rules of criminal
procedure for hearing a violation of a condition of release.
629.49 [FAILURE WHEN A PERSON FAILS TO RECOGNIZE
APPREHENSION REQUIRED.]
When a person fails to recognize, he shall that person must
be apprehended and. The court shall order further disposition
of him shall be ordered the apprehended person consistent with
the provisions of Rule 6 of the rules of criminal procedure.
629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.]
When at the close of an examination it appears that an
offense has been committed, and that there is probable cause to
believe the prisoner to be guilty, if the offense be bailable by
the judge, and the prisoner offers sufficient bail or money in
lieu thereof, it shall be taken, and he shall be discharged. If
no sufficient bail is offered, or the offense is not bailable by
the judge, he shall be committed for trial. When cash A person
charged with a criminal offense may be released with or without
bail in accordance with Rule 6.02 of the rules of criminal
procedure. Money bail is deposited in lieu of other bail, the
cash shall be the property of the accused, whether deposited by
him personally that person or by any a third person in on
his or her behalf. When cash money bail is accepted by a judge,
he that judge shall order it to be deposited with the clerk who
of court. The clerk shall retain it until the final disposition
of the case and the further final order of the court relative to
it disposing of the case. Upon release, in whole or in part,
the amount released shall must be paid to the accused personally
or upon his that person's written order. In case of
conviction of the accused, the judge may order the money bail
deposit to be applied upon to any fine imposed and, if the fine
is less than the deposit, order the balance shall to be paid to
the defendant. If the fine exceeds the money bail deposit, the
deposit shall must be applied to it the fine and the defendant
committed until the balance is paid. The commitment shall may
not exceed one day's time for each dollar of the unpaid
balance of the fine. Cash Money bail in the hands of the court
or any officer of it shall be is exempt from garnishment or levy
under attachment or execution.
629.54 [WITNESSES REQUIRING A WITNESS TO RECOGNIZE;
COMMITMENT.]
When a prisoner person charged with a criminal offense is
admitted to bail, or committed by the judge, he the judge shall
also bind by recognizance any witnesses against the prisoner as
he deems accused whom the judge considers material, to appear
and testify at the court to which the prisoner is held to answer
any trial or hearing in which the accused is scheduled to
appear. If the judge is satisfied that there is good reason to
believe that any a witness will not perform the conditions
of his the witness' recognizance unless other security shall be
is given, he the judge may order him the witness to enter into
a recognizance for his or her appearance, with sureties as he
deems the judge considers necessary. Except in case of murder
in the first degree, arson where human life is destroyed, and
cruel abuse of children, he shall the judge may not commit any
witness who offers to recognize, without sureties, for his or
her appearance.
629.55 [REFUSAL REQUIRING COMMITTAL OF WITNESSES WHO REFUSE
TO RECOGNIZE.]
If a witness is required to recognize, with or without
sureties, who and refuses so to do so, shall be committed by
the judge shall commit that witness until the witness complies
with the order, or is otherwise discharged according to
law. Every person held as a witness During confinement shall a
person held as a witness must receive the compensation the court
before whom the case is pending directs, not exceeding regular
witness fees in criminal cases as provided in section 357.24.
When a minor is a material witness, any other person may
recognize for the appearance of the minor as a witness, or the
judge may take recognizance of the minor as a witness in a sum
of not more than $50, which shall be. The recognizance is valid
and binding in law notwithstanding the disability of the minor.
629.58 [PROCEEDINGS ON DEFAULT REQUIRED WHEN A PERSON UNDER
BOND DEFAULTS; PAYING BOND TO COURT.]
When any a person, in any a criminal prosecution, is
under bond either (1) to appear and answer, (2) to prosecute an
appeal, or (3) to testify in any court, and fails to perform the
conditions of the bond, his the default shall must be recorded
, and. The court shall issue process issued against some or all
of the persons bound thereby, or such of them by the bond as the
prosecuting officer directs. If a person so failing to appear
and answer shall be apprehended under bond fails to perform the
conditions of the bond, the law enforcement authorities shall
apprehend that person in the manner provided in Rule 6.03 of the
rules of criminal procedure. Any After default on a bond, a
surety may, by leave with permission of the court, after
default, and either before or after process is issued against
him, pay to the county treasurer or clerk of court the amount
for which he or she was bound as surety, with such costs as the
court shall may direct, and be thereupon forever discharged.
Payment may be made either before or after process is issued.
When it is made, the surety is fully discharged of his or her
obligation under the bond.
629.59 [RECOGNIZANCE; WHEN PENALTY REMITTED ALLOWING COURT
TO FORGIVE BOND FORFEITURE PENALTY.]
When any an action shall be is brought in the name of the
state against a principal or surety in any a recognizance
entered into by a party or witness in any a criminal
prosecution, and the penalty thereof shall be adjudged is judged
forfeited, the court may, upon application of any party
defendant, remit the whole or any part of such forgive or reduce
the penalty, and may render judgment thereon for the state,
according to the circumstances of the case and the situation of
the party, and upon such on any terms and conditions as it may
deem considers just and reasonable.
629.60 [PERMITTING ACTIONS TO RECOVER UNDER RECOGNIZANCE;
WHEN ACTION NOT BARRED EVEN IF TECHNICAL NONCOMPLIANCE.]
No action brought on any recognizance shall be barred or
defeated, nor judgment on it arrested, by reason of any neglect
or omission to note or record the default of any principal or
surety at the term when it occurs, or by reason of any defect in
the form of the recognizance, if it shall sufficiently appear
from the tenor thereof at what court the party or witness was
bound to appear, and that the court before whom it was taken was
authorized by law to require and take it. When upon action
brought upon any recognizance to prosecute an appeal the penalty
thereof is adjudged to be forfeited, or when by leave of court
the penalty has been paid to the county treasurer or clerk of
court without suit or before judgment in a manner provided by
law, if by law any forfeiture accrues to any person by reason of
the offense of which appellant was convicted, the court may
award him the sum he is entitled to out of the forfeiture If a
recognizance shows that the court before whom it was entered
into had authority to take it, and at what court the party or
witness was bound to appear, an action brought to recover a
penalty under the recognizance may not be barred, nor may
judgment on it be stopped because either:
(1) the court failed to record the default of the principal
or surety at the term of court when the default occurred; or
(2) the recognizance is defective in form.
In an action to recover a penalty under a recognizance
entered into pending an appeal, the court may award part or all
of the penalty amount to the person entitled to it under the
recognizance if the court determines the amount is forfeited, or
when by permission of the court the penalty has been paid to the
county treasurer or clerk of court without suit or before
judgment in a manner provided by law.
629.61 [ALLOWING ARREST OF DEFAULTER.]
When a defendant in any indictment has been admitted to
bail after verdict or trial, and neglects to appear at any the
time or place at which he is bound to appear and submit to the
jurisdiction of the proper court or officer, the court or
officer may cause him to be have that defendant arrested in the
manner as provided in Rule 6.03, Subdivision 1, of the rules of
criminal procedure. In accordance with Rules 6.02 and 6.03 of
the rules of criminal procedure, the court or officer may
continue the release upon the same conditions or impose
different or additional conditions for the principal's
defendant's possible release.
629.62 [APPLICATION FOR BAIL, JUSTIFICATION.]
When a party in custody desires to give bail, the offense
being bailable, and If a person charged with a criminal offense
and in custody desires release on bail and if the district court
is not in session in the county, he the person may apply to a
judge of district court, or a judge of the court of appeals,
upon his. The person shall apply by affidavit showing the
nature of the application and, the names of the persons to be
offered as bail, with and a copy of the mittimus or papers upon
which he is held in custody. The judge may then, by order,
direct the sheriff to bring up the party, at a time and place
named, for the purpose of giving person charged to appear at a
hearing to determine bail. The court shall give notice of the
application shall be given to the county attorney, if within the
county, and. No matters shall may be inquired into except those
matters which relate to the amount of bail and the sufficiency
of the sureties. Sureties shall in all cases justify by
affidavit, or upon oral examination before the court A surety
shall prove either by affidavit or upon oral examination by the
court that his or her assets are sufficient to pay the bond
penalty amount to the court if the person bound under the bond
fails a condition of the bond.
629.63 [SURRENDER OF PRINCIPAL; NOTICE TO SHERIFF
CONDITIONS UNDER WHICH SURETY MAY ARREST DEFENDANT.]
When a surety for any person held to answer, upon any
charge or otherwise, shall believe that his principal is about
to abscond, or that he will not appear as required by his
recognizance, or not otherwise perform the conditions thereof,
he may arrest and take such principal, or cause him to be
arrested and taken, before the officer who admitted him to bail,
or the judge of the court before which such principal was by his
recognizance required to appear, and surrender him up to such
officer or judge; or any such surety may have such person
arrested by the sheriff of the county by delivering to him a
certified copy of the recognizance or instrument of bail under
which he is held as surety, with a direction to such sheriff,
endorsed thereon, requiring him to arrest such principal and
bring him before such officer or judge to be so surrendered, and
on the receipt thereof, and a tender or payment to him of his
fees therefor, such sheriff shall arrest such principal and
bring him before such officer or judge, to be so surrendered.
Before any surety shall personally surrender such person, the
sheriff shall be notified, and he or one of his deputies be
present to take him into custody if he shall fail to give new
bail as herein provided If a surety believes that a defendant
for whom he or she is acting as bondsperson is (1) about to
flee, (2) will not appear as required by the defendant's
recognizance, or (3) will otherwise not perform the conditions
of the recognizance, the surety may arrest or have another
person or the sheriff arrest the defendant.
If the surety or another person at the surety's direction
arrests the defendant, the surety or the other person shall take
the defendant before the judge before whom the defendant was
required to appear and surrender the defendant to that judge.
If the surety wants the sheriff to arrest the defendant,
the surety shall deliver a certified copy of the recognizance
under which the defendant is held to the sheriff, with a
direction endorsed on the recognizance requiring the sheriff to
arrest the defendant and bring him or her before the appropriate
judge.
Upon receiving a certified copy of the recognizance and
payment of the sheriff's fees, the sheriff shall arrest the
defendant and bring him or her before the judge.
Before a surety who has arrested a defendant who has
violated the conditions of his or her release may personally
surrender the defendant to the appropriate judge, the surety
shall notify the sheriff. If the defendant at the hearing
before the judge is unable to post increased bail or meet
alternative conditions of release in accordance with Rule 6.03
of the rules of criminal procedure, the sheriff or a deputy
shall take the defendant into custody.
629.64 [SURRENDER OF PRINCIPAL; CONDITIONS OF RELEASE
ALLOWING JUDGE TO IMPOSE NEW CONDITIONS OF RELEASE ON DEFENDANT
WHO VIOLATED RELEASE.]
When any principal a defendant who has violated conditions
imposed on his or her release is so surrendered, the officer
or to a judge to whom he is surrendered under section 629.63,
the judge shall, in accordance with Rules 6.02 and 6.03 of the
rules of criminal procedure, continue the release upon the same
conditions or impose different or additional conditions for
the principal's defendant's possible release.
629.65 [FEES OF SHERIFF.]
In a case involving a defendant who violated the conditions
of his or her release, the sheriff shall must be allowed the
same fees and mileage for making an arrest or attending
before such officer or a judge as for arresting a person under a
bench warrant, and. In all cases his the sheriff's fees shall
be paid by the surety or sureties surrendering any principal, as
provided a defendant who has violated conditions imposed on his
or her release under section 629.63.
629.67 [SURETIES ON BOND, RECOGNIZANCE, OR UNDERTAKING;
AFFIDAVITS REQUIRED.]
Every A personal surety upon any bond, recognizance, or
undertaking given to secure the appearance of a defendant in any
a criminal case in any court of record shall make an affidavit,
to be attached to such the bond, recognizance, or undertaking,
stating his:
(1) the surety's full name,;
(2) the surety's residence and post office address,;
(3) whether or not he the affiant is surety upon any other
bond, recognizance, or undertaking in any criminal case, and, if
so, stating, the name of the principal, the amount of each
obligation, and the court in which the same obligation was
given; also setting forth and
(4) the legal description of all real property owned
by such the surety and specifying as to each parcel thereof of
property its fair market value, what liens or encumbrances, if
any, exist thereon on it, and whether or not the same property
is his the surety's homestead or is otherwise exempt from
execution. He may also be required by The court may require the
surety to make a like statement of his personal property, or so
much thereof as the court shall deem necessary disclose all or
some of the surety's personal property by affidavit as required
for real property.
The court may, in its discretion, by written order endorsed
on the bond, recognizance, or undertaking, dispense with such
the affidavit disclosing the surety's real or personal property,
or any part thereof of it, as to any surety if the court is
satisfied that the surety is worth the amount in which he
justifies necessary to act as surety on the bond, recognizance
or undertaking to secure the defendant in a criminal case and is
not a professional or habitual bondsman in criminal cases.
629.68 [PROHIBITING SURETIES; TO MAKE FALSE STATEMENTS IN
AFFIDAVITS; PUNISHMENT PENALTY.]
Every A person who shall wilfully willfully and knowingly
make any makes a false statement in any an affidavit made by
him, as provided in under sections 629.67 to 629.69, shall be is
guilty of perjury, and shall be punished therefor as provided by
law under section 609.48.
629.69 [SURETIES; REQUIRING RECORD TO BE KEPT.]
The clerk of every court of record shall keep a permanent
book of record, in which he shall record the names, indexed or
arranged alphabetically, of names of all the sureties, whether
personal or corporate, upon bonds, recognizances, or
undertakings, filed in such the court, stating as to each surety
his or its. The record must state the surety's name and post
office address, the name of the principal, and the amount of the
obligation, and where the original obligation is filed.
629.70 [AUTHORIZING CORPORATE BONDS AUTHORIZED IN CRIMINAL
CASES.]
Any A defendant required to give a bond, recognizance, or
undertaking to secure his or her appearance in any a criminal
case in any court of record, may, if he so elects, choose to
give a surety bond, recognizance, or undertaking executed by a
corporation authorized by law to execute such bonds,
recognizances, or undertakings; provided, that. However, the
amount of the bond, recognizance, or undertaking as fixed by the
court must be the same regardless of the kind of bond,
recognizance, or undertaking given.
629.72 [BAIL IN CASES OF DOMESTIC ASSAULT.]
Subdivision 1. [ALLOWING DETENTION IN LIEU OF CITATION;
RELEASE.] Notwithstanding any other law or rule to the contrary,
an arresting officer may not issue a citation in lieu of arrest
and detention to an individual charged with assaulting his or
her spouse or other individual with whom he the charged person
resides.
Notwithstanding any other law or rule to the contrary, an
individual who is arrested on a charge of assaulting his or her
spouse or other person with whom he or she resides shall must be
brought to the police station or county jail. The officer in
charge of the police station or the county sheriff in charge of
the jail shall issue a citation in lieu of continued detention
unless it reasonably appears to the officer or sheriff that
detention is necessary to prevent bodily harm to the arrested
person or another, or there is a substantial likelihood the
arrested person will fail to respond to a citation.
If the arrested person is not issued a citation by the
officer in charge of the police station or the county sheriff,
he shall the arrested person must be brought before the nearest
available judge of the county court or county municipal court in
the county in which the alleged assault took place without
unnecessary delay as provided in by court rule.
Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] The judge
before whom the arrested person is brought shall review the
facts surrounding the arrest and detention. The arrested person
shall must be ordered released pending trial or hearing on his
or her personal recognizance or on an order to appear or upon
the execution of an unsecured bond in a specified amount unless
the judge determines that release (1) will be inimical to public
safety, (2) will create a threat of bodily harm to the arrested
person or another, or (3) will not reasonably assure the
appearance of the arrested person at subsequent proceedings. If
the judge so determines release is not advisable, he the judge
may impose any conditions of release which that will reasonably
assure the appearance of the person for subsequent proceedings,
or may fix the amount of money bail without other conditions
upon which the arrested person may obtain his release.
Subd. 3. [RELEASE.] If the arrested person is not issued a
citation by the officer in charge of the police station or the
county sheriff pursuant to subdivision 1, and is not brought
before a judge within the time limits prescribed in by court
rule, he shall the arrested person must be released by the
arresting authorities, and a citation shall must be issued in
lieu of continued detention.
Subd. 4. [SERVICE OF ORDER FOR PROTECTION.] If an order
for protection is issued pursuant to under section 518B.01 while
the arrested person is still in detention, the order shall must
be served upon the arrested person during detention if possible.
ARTICLE 11
Section 1. Minnesota Statutes 1984, chapter 631, is
amended to read:
631.02 [CONTINUANCE; DEFENDANT COMMITTED, WHEN ALLOWING
CONTINUANCES FOR SUFFICIENT CAUSE.]
When an indictment shall be called for trial, or at any
time previous thereto, upon sufficient cause shown by either
party, the court may direct the trial to be postponed to another
day in the same term, or to another term, and all affidavits
read upon the application shall be filed with the clerk at the
same time A continuance may be granted by the court when a case
is called for trial, or at any time during pretrial proceedings,
upon motion of either the prosecution or defense. The moving
party must show sufficient cause for the continuance. Affidavits
in support of the motion for continuance must be filed with the
clerk of court. When a defendant who has given bail shall
appear appears for trial, the court may, in its discretion, at
any time after such the appearance, order him the defendant
committed to the custody of the proper officer of the county, to
abide the pending judgment or further order of the court.
631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL
TRIALS; DUTY OF OFFICER; PENALTY.]
No person A minor under the age of 17 years, who is not a
party to, witness in, or directly interested in a criminal
prosecution or trial being heard before any a district, county,
or municipal court, shall attend or may not be present at the
trial. Every A police officer, constable, sheriff, or other
officer in charge of a court and attending upon the trial of any
a criminal case in the court, shall exclude every a minor under
age of 17 from the room in which the trial is being held,
except. This section does not apply when the minor is permitted
to attend by order of the court before which the trial is being
held. Any A police officer, constable, sheriff, or deputy
sheriff who knowingly neglects or refuses to carry out the
provisions of this section shall be is guilty of a misdemeanor
and shall be punished by a fine of not less than $10 nor more
than $25.
631.045 [EXCLUSION OF EXCLUDING SPECTATORS FROM THE
COURTROOM.]
At the trial of a complaint or indictment for a violation
of sections 609.341 to 609.3644, or 617.246, subdivision 2,
where when a minor under 18 years of age is the person upon,
with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony of the victim or during all or
part of the remainder of the trial upon a showing that closure
is necessary to protect a witness or ensure fairness in the
trial. Opportunity shall be provided for The judge shall give
the prosecutor, defendant and members of the public the
opportunity to object to the closure prior to any before a
closure order. The judge shall specify the reasons for closure
in any an order closing all or part of the trial. Upon closure
the judge shall only admit persons who have a direct interest in
the case.
631.05 [REQUIRING A JUROR MAY TO TESTIFY, WHEN; VIEW HE
OR SHE HAS PERSONAL KNOWLEDGE RESPECTING FACT IN CONTROVERSY;
VIEW.]
If a juror has any personal knowledge respecting a fact in
controversy in a cause, he the juror shall declare it in open
court during the trial;. If, during the retirement of a jury, a
juror shall declare declares a fact, which could be evidence in
the cause, as of his own knowledge, the jury shall return into
court; and. In either of these cases, the juror making the
statement shall be sworn as a witness and examined in the
presence of the parties. The court may order a view by any a
jury impaneled to try a criminal case in accordance with Rule
26.03, Subdivision 10, of the rules of criminal procedure.
631.06 [QUESTIONS OF LAW AND FACT, HOW DECIDED; ALLOCATION
OF DECISION MAKING TO COURT AND JURY.]
On the trial of an indictment for any offense, questions of
law shall be decided by the court, except in cases of criminal
defamation, saving the right of the defendant to except, and
questions of fact by the jury; and, although the jury may find a
general verdict which shall include questions of law as well as
of fact, it shall receive as law what shall be laid down by the
court as such In criminal trials, the court shall decide
questions of law, except in cases of criminal defamation, and
the jury shall decide questions of fact. The defendant may
object to a decision of the court on a matter of law. Although
the jury may return a general verdict including questions of law
as well as fact, it shall receive as law the court's
instructions.
631.07 [ORDER OF FINAL ARGUMENT.]
When the giving of evidence shall be is concluded upon the
trial of any indictment, in a criminal trial unless the cause
shall be case is submitted on either or both sides without
argument, the plaintiff shall commence begin and the defendant
conclude the argument to the jury.
631.09 [JURY; HOW AND WHERE THE JURY MUST BE KEPT WHILE
DELIBERATING; REQUIRING SEPARATE ACCOMMODATIONS FOR JURORS.]
After hearing the charge the jury may either decide in
court, or retire for deliberation, if it shall not agree without
retiring, one or more officers shall be sworn to take charge of
it, and it shall be kept together in some private and convenient
place, without food or drink except water, unless otherwise
ordered by the court, and no person shall be permitted to speak
to or communicate with it or any one of its number unless by
order of court, nor listen to the deliberations; and it shall be
returned into court when agreed, or when so ordered by the court
At the close of the evidence and after the court has charged the
jury, the jury may decide the case in court or retire for
deliberation. If the jury cannot agree on a verdict without
retiring, the court shall swear one or more officers to take
charge of the jury. The jury must be kept together in some
private and convenient place without food or drink except water
unless ordered by the court. No person may be permitted to
speak or communicate with any juror, unless by order of court,
nor may a person listen to its deliberations. The jury must be
returned to court upon agreeing on a verdict or when so ordered
by the court. In case of mixed juries counties shall provide
adequate, separate quarters for male and female jurors with
proper accommodations and, in the event. If the county fails to
provide proper accommodations, the court shall order the
jurors kept to be housed in a suitable hotel for the night.
This section applies only in cases where if the jury has
failed to agree.
631.12 [DISCHARGE OF CONDITIONS UNDER WHICH A JURY MAY BE
DISCHARGED WITHOUT VERDICT.]
If, After the retirement of the jury, the court may
discharge it if:
(1) one of the jurors shall become becomes so sick as to
prevent the continuance of his duty or if that he or she cannot
continue to serve on the jury;
(2) the jury shall be is unable to agree upon a verdict
,; or
(3) any other accident or cause shall occur occurs to
prevent the jury from being kept together for deliberation, it
may be discharged by the court.
631.13 [CONDITIONS UNDER WHICH A SECOND TRIAL IS
PERMITTED.]
In all cases where If a jury shall be is discharged or
prevented from giving a verdict by reason because of accident,
disagreement, or other cause, except when the defendant shall be
discharged from the indictment during the progress of the trial,
or after the cause shall be submitted to it, the cause case may
be again tried at the same or another term, unless the defendant
is discharged during the trial or after the case has been
submitted to the jury.
631.14 [ALLOWING VERDICT FOR LESSER INCLUDED OFFENSE.]
Upon an indictment or complaint for an offense consisting
of different degrees, the jury may find the defendant not guilty
of the degree charged in the indictment or complaint, and guilty
of any degree inferior thereto; to that. Upon an indictment or
complaint for any an offense, the jury may find the defendant
not guilty of the commission thereof committing it, and guilty
of an attempt to commit the same; it. Upon an indictment or
complaint for murder, if the jury shall find finds the defendant
not guilty thereof, it may, upon the same indictment or
complaint, find the defendant guilty of manslaughter in any
degree. In all other cases, the defendant may be found guilty
of any offense, the commission of which is necessarily included
in that offense with which he the defendant is charged in the
indictment or complaint.
631.15 [ALLOWING VERDICT AS TO SOME DEFENDANTS, AND
DISAGREEMENT AS TO OTHERS.]
On an indictment against several, If the jury cannot agree
upon a verdict as with respect to all defendants in a trial
involving multiple defendants, it may render a verdict as to
those defendants in regard to whom it does agree, on which a
judgment shall be entered accordingly; and. The case as to the
rest defendants not receiving a verdict may be tried by another
jury.
631.17 [REQUIRING CLERK OF COURT TO READ VERDICT, RECEPTION
OF TO JURY.]
When a verdict such as the court may receive is returned,
the clerk shall immediately file it in open court and read it to
the jury, and inquire of ask the jurors if it is their verdict.
If any a juror shall disagree disagrees, that fact shall be
entered upon the minutes, and the court shall send the jury
again sent out; but, to deliberate further. If no disagreement
is expressed by the jury, the verdict is complete, and the court
shall discharge the jury shall be discharged from the case. The
clerk shall forthwith immediately record such the verdict in
full in the court minutes.
631.20 [HEARING ON PUNISHMENT.]
After a plea or verdict of guilty, in a case where a if the
court has discretion is conferred upon the court as to the
extent of the punishment, the court, upon the suggestion of and
if either party suggests that there are aggravating or
mitigating circumstances which may be properly taken into view,
either in aggravation or mitigation of the punishment, may, in
its discretion, considered in imposing sentence, the court may
hear the same issue summarily, at a specified time, and
upon such notice to the adverse party as it may direct. Such The
aggravating or mitigating circumstances shall must be presented
by the testimony of witnesses examined in open court.
631.21 [ALLOWING DISMISSAL OF CAUSE; RECORD OF REASONS
FOR UPON COURT'S OR PROSECUTOR'S MOTION.]
The court may, either of its own motion or upon the
application of the prosecuting officer, and in furtherance of
justice, order any a criminal action, whether prosecuted upon
indictment, information, or complaint, to be dismissed; but in
that case. The court may order dismissal of an action either on
its own motion or upon motion of the prosecuting attorney and in
furtherance of justice. If the court dismisses an action, the
reasons for the dismissal shall must be set forth in the order,
and entered upon the minutes, and. The recommendations of the
prosecuting officer in reference thereto to dismissal, with
his or her reasons therefor for dismissal, shall must be
stated in writing and filed as a public record with the official
files of the case.
631.22 [CHALLENGES CLASSIFIED; REQUIRING SEVERAL DEFENDANTS
MUST TO JOIN IN CHALLENGE.]
A challenge is an objection made to a trial jury, and is of
two kinds:
(1) to the panel; and
(2) to an individual juror.
When several defendants are tried together, they cannot
sever the challenge, but shall join therein in making the
challenge.
631.36 [EXAMINATION OF CHALLENGED JUROR EXAMINED; EVIDENCE
AT VOIR DIRE.]
Upon the trial of a challenge to an individual juror, he At
a voir dire examination, a challenged juror may be examined as a
witness to prove or disprove the challenge, and is bound to. The
juror shall answer every question pertinent to the inquiry
and,. When challenged on the ground that he or she is not a
citizen of the United States, his the juror's own testimony
shall be is competent evidence of the fact of naturalization,
without other evidence; but his. The juror's testimony on the
issue of citizenship may be disputed by the challenger. At a
voir dire examination either party may examine other witnesses
may also be examined on either side, and. The rules of evidence
applicable to the trial of other issues shall govern the
admission or exclusion of testimony on the trial of the
challenge at a voir dire examination.
631.40 [JUDGMENT ON CONVICTION; JUDGMENT ROLL DEFINED.]
When judgment upon a conviction shall be is rendered, the
clerk of court shall enter the same judgment upon the minutes,
stating briefly the offense for which the conviction was had,
and. The clerk shall then immediately annex attach together and
file the following papers, which constitute specified in clauses
(1) to (5). The judgment roll consists of the papers specified
in clauses (1) to (5):
(1) a copy of the minutes of challenge interposed made by
the defendant to the panel of the grand jury, or to an
individual grand juror, and the proceedings and
decisions thereon on the challenges;
(2) the indictment or complaint and a copy of the minutes
of the plea or demurrer motion to dismiss or to grant
appropriate relief;
(3) a copy of the minutes of any a challenge interposed
made to the panel of the trial jury or to an individual juror,
and the proceedings and decision thereon on the challenge;
(4) a copy of the minutes of the trial; and
(5) a copy of the minutes of the judgment;
(6) the bill of exceptions, if there be one.
631.41 [REQUIRING THE CLERK OF COURT TO DELIVER TRANSCRIPT
OF MINUTES OF SENTENCE TO SHERIFF.]
When any a person convicted of an offense shall be is
sentenced to pay a fine or costs, or to be imprisoned in the
county jail or the Minnesota correctional facility-Stillwater,
the clerk of the court shall, as soon as may be possible, make
out and deliver to the sheriff or his a deputy a transcript from
the minutes of the court of such the conviction and sentence,.
A duly certified by such clerk, which shall be a transcript is
sufficient authority for the sheriff to execute such the
sentence; and he. Upon receiving the transcript, the sheriff
shall execute the same accordingly sentence.
631.412 [TRANSFER OF FEMALE PRISONERS; FEMALE TO
ACCOMPANY REQUIRING A WOMAN CUSTODIAL ESCORT FOR WOMEN INMATES
WHO ARE BEING TRANSFERRED.]
Every sheriff and every other person having the legal
custody of any female person charged with crime or the detention
of any female person are hereby required, when such female
person is being conducted to or from one place to another over
25 miles apart, to have a suitable female person accompany such
female person, and every When a sheriff or other correctional
officer has custody of a woman charged with or convicted of a
crime and transfers that woman more than 25 miles, that sheriff
or other correctional officer shall provide the transferee with
a woman custodial escort. A sheriff in every county of this
state is hereby authorized to may employ, when the occasion
exists, a suitable female person woman to carry out the
provisions of this section. The expenses of such the woman's
employment shall must be paid out of any county funds not
otherwise appropriated.
631.425 [RELEASING OFFENDERS FOR EMPLOYMENT OF OFFENDERS AT
THEIR CUSTOMARY WORK.]
Subdivision 1. [DEFINITIONS.] For the purposes of (a) The
definitions in this subdivision apply to this section.
(b) "Court" means any a court having criminal
jurisdiction;.
(c) "Sheriff" includes a chief of police and workhouse
superintendent; and.
(d) "Jail" includes a county jail, workhouse, and lockup.
Subd. 2. [DISCRETION OF COURT.] Any A convicted
prisoner person at the time he is sentenced of sentencing to
jail, or at any time prior to before commitment, may in the
discretion of the sentencing court be committed under this
section. If so committed, the sentence shall so provide The
court shall cite this section in the sentence if a person is
committed under this section.
Subd. 3. [CONTINUATION OF EMPLOYMENT.] If the person so
committed under this section has been regularly employed, the
sheriff shall arrange for a continuation of the employment
insofar as possible without interruption. If the person is not
employed on any job, the sheriff or any suitable person or
agency designated by the court shall make every effort to secure
some suitable employment for him that person. Any prisoner so
An inmate employed shall under this section must be paid a fair
and reasonable wage for such work performed and shall must work
at fair and reasonable hours per day and per week.
Subd. 4. [CONFINEMENT WHEN NOT EMPLOYED.] Unless the court
otherwise directs, each prisoner shall inmate must be confined
in jail during such the time as he the inmate is not employed,
or, if the inmate is employed, between the times of employment.
Subd. 5. [EARNINGS.] The earnings of the prisoner an
inmate may be collected by the sheriff, probation department,
welfare board or suitable person or agency designated by the
court. From the earnings, the person or agency designated to
collect them may pay:
(1) the cost of the prisoner's inmate's maintenance, both
inside and outside the jail, but the charge for maintenance
inside the jail shall may not exceed the legal daily allowance
for board allowed the sheriff for ordinary prisoners, and,
inmates;
(2) to the extent directed by the court, pay the support of
his dependents, if any,;
(3) court costs and fines,; and
(4) court-ordered restitution, if any. Any balance shall
must be retained until his the inmate's discharge when it shall
be and then paid to him the inmate.
Subd. 6. [REDUCTION OF SENTENCE.] The term of the
prisoner's inmate's sentence may be reduced by one-fourth, if in
the opinion of the court his the inmate's conduct, diligence,
and general attitude merit such reduction.
Subd. 7. [VIOLATION OF SENTENCE,; PROCEDURE.] In case of
the violation of the conditions laid down for his If the inmate
violates a condition of work release relating to conduct,
custody and or employment, the prisoner shall inmate must be
returned to the court; and it may. The court then (1) may
require that the balance of his the inmate's sentence be spent
in actual confinement and, (2) may cancel any earned reduction
of his the inmate's term, and he may be found (3) may find the
inmate in contempt of court.
Subd. 8. [SHERIFF,; EXTRA COMPENSATION.] The sheriff shall
receive such extra compensation and mileage as the county board
or local governing board determines shall determine how much
extra compensation and mileage the sheriff is entitled to under
this section.
Subd. 9. [EMPLOYMENT IN ANOTHER COUNTY.] The court may by
order authorize the sheriff to whom the prisoner inmate is
committed to arrange with another sheriff for the employment of
the prisoner inmate in the other's other sheriff's jurisdiction
, and while so. When the inmate is employed to be in the
other's in the other jurisdiction, the inmate is in the custody
of that jurisdiction's sheriff, but in other respects to be and
continue is subject to the commitment.
Subd. 10. [COUNTY WELFARE BOARD,; DUTIES.] Any A
committing court or sheriff may request the county welfare board
or any other welfare agency, public or private, to provide
appropriate services to a prisoner an inmate or his the inmate's
family.
Subd. 11. [APPLICABLE IN CONTEMPT CASES.] The provisions
of this section shall extend apply to a person committed to the
county jail by a court of record upon an adjudication of
contempt of court.
Subd. 12. [REPORT BY COURT.] On December 31 of each year,
each court that has committed a prisoner in accordance with this
section shall file with the department of corrections, in such a
form as may be prescribed by the department, (1) the number of
persons committed, (2) the offenses for which they were
committed, (3) the number who had previously been sentenced
under this section, and such (4) other statistical information
as shall be prescribed by the department.
631.43 [SENTENCE WHEN PUNISHMENT NOT PRESCRIBED.]
When no punishment shall be is provided by statute, the
court shall award such sentence as the convicted person to a
term of imprisonment that, in view of the degree and aggravation
of the offense, shall is not be cruel, unusual, or repugnant to
the person's constitutional rights of the party.
631.44 [RECOGNIZANCE TO KEEP PEACE.]
Every court before whom any When a person shall be is
convicted upon an indictment for any of an offense not
punishable by death or imprisonment in the Minnesota
correctional facility-Stillwater or county jail, in addition to
the punishment prescribed by law, the sentencing court may
require such the person to recognize, with sufficient sureties,
in a reasonable sum, to keep the peace and be of good behavior
for any a term of not more than two years, and to stand
committed. The court may require the person to be detained in
custody until he shall so that person agrees to recognize. The
recognizance is in addition to the punishment prescribed by
law. It must be with sufficient sureties and in a reasonable
sum.
631.45 [PROCEEDINGS REQUIRED IF BREACH OF RECOGNIZANCE TO
KEEP PEACE; BREACH.]
In case of the breach of the conditions of any such a
recognizance entered into under section 631.44, the same
proceedings shall must be had that are by law prescribed in
relation to for recognizances to keep the peace.
631.46 [REQUIRING AN OFFENDER TO SERVE JAIL SENTENCE; IN
ANOTHER COUNTY WHEN NO JAIL IS AVAILABLE IN COUNTY OF OFFENSE.]
When it shall appear to the court at the time of passing
sentence upon any convict to be punished by confinement in the
county jail that If a sentence requires imprisonment at a local
correctional facility and there is no suitable jail facility in
the county in which the offense was committed, it the court may
order the sentence to be executed in any other county where
there shall be is a suitable jail; and facility. The county
in which the offense was committed shall pay the expense of
supporting him shall be paid by the county in which the offense
was committed the inmate.
631.461 [SENTENCES ALLOWING SENTENCE OF CONVICTS OFFENDER
TO A WORKHOUSE OR CORRECTIONAL OR WORK FARM.]
When a sentence may be for an offense includes imprisonment
in a county jail, the court may sentence the offender may be
sentenced to and imprisoned imprisonment in a workhouse, or
workfarm correctional or work farm if there be is one in the
county where he the offender is tried or where the offense was
committed, and if there be no workhouse or workfarm in the
county where the offender is tried or where the offense was
committed, then. If not, the court may sentence the offender
may be sentenced to and imprisoned imprisonment in a workhouse
or workfarm correctional or work farm in any county in this
state; provided, that. However, the county board of the county
where the offender is tried shall have some agreement for the
receipt, maintenance, and confinement of the prisoners inmates
with the latter county where the offender has been sentenced to
imprisonment. The place of imprisonment shall must be specified
in the sentence. Convicts Inmates may be removed from one place
of confinement to another when so as provided by statute.
631.471 [CONVICTS PROTECTED PROTECTING INMATES; CERTAIN
FORFEITURES ABOLISHED.]
Every convict An inmate sentenced to imprisonment shall be
is under the protection of the law, and any an unauthorized
injury to his person is punishable in the same manner just as if
he the inmate were not convicted or sentenced. A conviction for
any a crime does not work a forfeiture of any real or personal
property, real or personal, or of any right or interest therein
in property. All Forfeitures in the nature of deodands, or in a
case of suicide, or where a person flees from justice, are
abolished.
631.48 [PENALTY MAY INCLUDE COSTS OF PROSECUTION.]
In all a criminal actions action, upon conviction of the
defendant, in addition to the punishment prescribed and as a
part of the sentence, the court may adjudge order as part of the
sentence that defendant shall pay the whole or any part of the
disbursements of the prosecution, and. The court may order this
payment in addition to any other penalty authorized by law which
it may impose. The payment thereof of the disbursements of
prosecution may be enforced in the same manner as the sentence,
or by execution against property. When collected, such the
disbursements shall must be paid into the treasury of the county
where of conviction was had, but this shall payment may not
interfere with the payment of officers', witnesses', or jurors'
fees.
631.50 [ALIEN CONVICTS INMATES OR MENTALLY ILL PERSONS;
REQUIRING NOTICE TO UNITED STATES IMMIGRATION OFFICERS.]
When any a person convicted of a felony, or found to be
mentally ill, shall be is committed to the Minnesota
correctional facility-Stillwater, the Minnesota correctional
facility-St. Cloud, the county jail, or any other state or
county institution which is supported, wholly or in part, by
public funds, it shall be the duty of the chief executive
officer, sheriff, or other officer in charge of such the state
or county institution to shall at once inquire into the
nationality of such the person, and,. If it shall
appear appears that such the person is an alien, to the
officer shall immediately notify the United States immigration
officer in charge of the district in which such the correctional
facility, jail, or other institution is located, of (1) the date
of and the reasons for such the alien commitment, (2) the length
of time for which committed, (3) the country of which he the
alien is a citizen, and (4) the date on which and the port at
which he the alien last entered the United States.
631.51 [CERTIFIED COPIES OF INDICTMENT OR COMPLAINT
FURNISHED TO IMMIGRATION OFFICERS.]
Upon the official request of the a United States
immigration officer in charge of the territory or district in
which is located any to a court committing an alien, for the
after conviction of a felony, to any state or county institution
which is supported, wholly or in part, by public funds, it shall
be the duty of the clerk of such the committing court to shall
furnish the officer without charge a certified copy of the
complaint, information, or indictment and, the judgment and,
sentence, and any other record pertaining to the case of the
convicted alien if:
(1) the immigration officer is in charge of the district or
territory in which the court is located; and
(2) the state or county institution is supported, in whole
or in part, by public funds.
ARTICLE 12
Section 1. [EFFECT OF CHANGES.]
The legislature intends the changes in the language of the
laws amended by articles 1 to 12 of this act to be exclusively
changes in style. No change is intended to alter or shall be
construed by a court or other authority to alter the meaning of
a law.
If a section is amended by articles 1 to 12 of this act and
also by another act adopted in 1985 and the amendments cannot be
edited together in the next publication of Minnesota Statutes,
the amendment by articles 1 to 12 of this act shall be without
effect.
ARTICLE 13
Section 1. Minnesota Statutes 1984, section 14.47,
subdivision 8, is amended to read:
Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
compilation, reissue, or supplement published by the revisor
shall be sold by the revisor for a reasonable fee and its
proceeds deposited in the general fund. An agency shall
purchase from the revisor the number of copies of the
compilation or supplement needed by the agency. The revisor
shall provide without charge copies of each edition of any
compilation, reissue, or supplement to the persons or bodies
listed in this subdivision. Those copies must be marked with
the words "State Copy" and kept for the use of the office. The
revisor shall distribute:
(a) 25 copies to the office of the attorney general;
(b) 12 copies for the legislative commission for review of
administrative rules;
(c) 3 copies to the revisor of statutes for transmission to
the Library of Congress for copyright and depository purposes;
(d) 150 copies to the state law library;
(e) 10 copies to the law school of the University of
Minnesota; and
(f) one copy of any compilation or supplement to each
county library maintained pursuant to section 134.12 or 375.33
upon its request, except in counties containing cities of the
first class. If a county has not established a county library
pursuant to section 134.12 or 375.33, the copy will be provided
to any public library in the county upon its request.
Approved May 30, 1985
Official Publication of the State of Minnesota
Revisor of Statutes