Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 229-S.F.No. 535 
           An act relating to real property; abolishing certain 
          residual marital interests in real property; 
          clarifying that the 40-year limitation on actions 
          affecting title to real estate applies to an action 
          based on an option to repurchase or other restrictions 
          on a surface estate; providing for certain 
          certifications; changing effective dates for 
          provisions relating to validation of foreclosure 
          sales; amending Minnesota Statutes 1988, sections 
          484.74, subdivision 4, and by adding a subdivision; 
          541.023, subdivision 2; 548.181, subdivisions 1, 3, 
          and by adding a subdivision; and 582.27; proposing 
          coding for new law in Minnesota Statutes, chapter 519. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 484.74, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [CONSENSUAL SPECIAL MAGISTRATES.] In addition to 
the alternatives under subdivision 1, in cases where the amount 
in controversy exceeds $50,000, and with the consent of all of 
the parties, the presiding judge may submit to the parties a 
list of retired judges or qualified attorneys who are available 
to serve as special magistrates for binding proceedings under 
this subdivision.  If the parties agree on selection of a person 
from the list, the presiding judge may appoint, by order, the 
person as a special magistrate.  The special magistrate may 
preside over any pretrial and trial matters as determined by the 
presiding judge.  If there is a right to a jury trial, the 
special magistrate shall conduct the jury trial pursuant to the 
rules of court and shall use the jury pool of the county in 
which the action is venued.  The presiding judge may adopt the 
rulings and findings of the special magistrate and the results 
of any jury trial without modification.  The parties have a 
right to appeal from the presiding judge's rulings and findings 
and from the jury verdict as in other civil matters. 
     Subject to chapter 563, the special magistrate's fees and 
expenses must be borne by the parties on a basis determined to 
be fair and equitable by the presiding judge, upon 
recommendation by the special magistrate.  The special 
magistrate may assess costs against a party for failure to 
comply with rules or orders, or for litigation that is frivolous 
or brought in bad faith. 
    Sec. 2.  Minnesota Statutes 1988, section 484.74, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPLICATION.] This section applies only to the 
fourth judicial district, which will serve as a pilot project to 
evaluate the effectiveness of alternative forms of resolving 
commercial and personal injury disputes. The state court 
administrator shall evaluate the pilot project and report the 
findings to the chairs of the house and senate judiciary 
committees by January 15, 1989 1991. 
    Sec. 3.  [519.091] [RESIDUAL MARITAL PROPERTY RIGHTS 
ABOLISHED.] 
     Subdivision 1.  [INTEREST ABOLISHED.] The marital property 
interest in real property, as defined in section 518.54, 
subdivision 5, that was owned by a person's former spouse is 
abolished effective July 1, 1990, as against the interest of a 
third person that is of record before January 1, 1989. 
    Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply if: 
    (1) the marital property interest is determined under a 
decree of dissolution, legal separation, or annulment; or 
    (2) an action claiming the marital property interest is 
begun before July 1, 1990, and a notice is filed for record 
within that period in the office of the county recorder or 
registrar of titles in the county where the property is located. 
     Sec. 4.  Minnesota Statutes 1988, section 541.023, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPLICATION.] (a) This section shall apply to 
every right, claim, interest, incumbrance or lien founded by any 
instrument, event or transaction 40 years old at the date 
hereof, or which will be 40 years old prior to January 1, 1948, 
except those under which the claimant thereunder shall file a 
notice as herein provided prior to January 1, 1948. 
    (b) This section applies to repurchase options or other 
rights of repurchase that encumber an interest in land based 
upon an instrument other than a deed of conveyance granted by a 
governmental body, agency, or subdivision, unless within 40 
years of the recording or filing of the instrument a notice is 
recorded or filed under subdivision 1.  This paragraph does not 
revive repurchase options or rights of repurchase barred by 
subdivision 1. 
    Sec. 5.  Minnesota Statutes 1988, section 548.181, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION FOR DISCHARGE.] A judgment 
debtor who has received a discharge under United States Code, 
title 11, or an interested party, upon paying a filing fee of $5 
for each judgment, may apply to the court administrator of any 
court for the discharge of all judgments entered in that court 
against the judgment debtor that were ordered discharged by the 
bankruptcy discharge.  
     Sec. 6.  Minnesota Statutes 1988, section 548.181, 
subdivision 3, is amended to read: 
    Subd. 3.  [OBJECTION TO DISCHARGE.] The court 
administrator, without further notice or hearing, shall 
discharge each judgment except a judgment in favor of a judgment 
creditor who has filed an objection to discharge of the judgment 
within 20 days after service of the application on the judgment 
creditor.  An objection to discharge of a judgment must be 
served on the judgment debtor in the same manner as an answer in 
a civil action.  
     Sec. 7.  Minnesota Statutes 1988, section 548.181, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [CERTIFICATION OF DISCHARGE.] Upon receipt of a 
filing fee of $5, the court administrator shall certify to the 
judgment debtor or other interested party the judgments against 
a person that have been discharged by the administrator. 
    Sec. 8.  Minnesota Statutes 1988, section 582.27, is 
amended to read: 
    582.27 [EFFECTIVE DATES.] 
    Subdivision 1.  The following schedule specifies the dates 
to be applied to the provisions of section 582.25: 
    (A) As to the general provision of section 582.25, May 1, 
1984 1988; 
    (B) As to clause (1), May 10, 1985 the day following final 
enactment of this act; 
    (C) As to clause (2), January 1, 1974 1978; 
    (D) As to clause (5), May 10, 1985 the day following final 
enactment of this act; 
    (E) As to clause (8), May 10, 1985 the day following final 
enactment of this act; 
    (F) As to clause (10) (a), May 10, 1985 the day following 
final enactment of this act. 
    Subd. 2.  The date of the report of sale to which section 
582.26 applies is May 10, 1985 the day following final enactment 
of this act. 
    Subd. 3.  The provisions of sections 582.25 to 582.27 shall 
not affect any action or proceeding pending on August 1, 1985 
1989, or which shall be commenced before February 1, 1986 1990, 
in any of the courts of the state, involving the validity of 
such foreclosure. 
    Sec. 9.  [EFFECTIVE DATE; APPLICATION.] 
    Section 4 is effective January 1, 1990, and applies to 
actions commenced on or after that date. 
    Section 8 is effective the day following final enactment. 
    Presented to the governor May 22, 1989 
    Signed by the governor May 23, 1989, 7:00 a.m.