Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 176-H.F.No. 1207 
           An act relating to counties; allowing county boards to 
          set sheriff's fees; providing conditions for the 
          disposition of county property; amending Minnesota 
          Statutes 1988, sections 357.09; and 373.01, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 357.09, is 
amended to read: 
    357.09 [SHERIFFS.] 
    Subdivision 1.  The Fees to set under subdivision 8 shall 
be charged and collected by the sheriff shall be as follows, and 
no other or greater fees shall be charged for: 
    (1) Serving a summons, warrant, writ, subpoena, or any 
process issued by a court of record, $10 for each defendant 
served and mileage; 
    (2) Taking and approving a bond, $4, and for a certified 
copy thereof, $1 per folio; 
    (3) Collection on execution after levy, five percent on the 
first $250 and three percent on the remainder; 
    (4) Posting three notices of sale, $10; 
    (5) Certificate of sale of real estate, $10; a copy 
thereof, when requested, $6; 
    (6) Selling land on foreclosure of a mortgage, for all 
services required, including executing a certificate of sale, 
$15; postponing such a sale, $2; 
    (7) Making diligent search and inquiry and returning a 
summons when defendants cannot be found, $5; 
    (8) Returning an execution unsatisfied when no service is 
made, $10; 
    (9) Receiving and paying over money paid on redemption of 
property and executing a certificate, one percent on the amount 
so received, to be collected from the person redeeming, such fee 
not to exceed $20 in any case; 
    (10) Securing and safely keeping property in replevin or 
attachment or on execution, to be computed on the basis of the 
time spent and hourly rate of pay of the sheriff or deputy 
executing the process; 
    (11) For services not herein enumerated, the sheriff shall 
be entitled to the same fees as for similar duties if provided 
by the county board; 
    (12) For all process when no charge is made for service of 
a return of not found or unsatisfied, $5. 
    Subd. 2.  When mileage is allowed the sheriff it shall be 
computed from the place where the court is usually held and 
shall be at the rate provided to state employees pursuant to 
section 43A.18, plus eight cents per mile notwithstanding any 
other provisions of law to the contrary. 
    Subd. 3.  The sheriff shall be allowed reasonable and 
necessary expenses actually paid out for food furnished any 
prisoner while conducting the prisoner to jail and for the 
prisoner's transportation by a common carrier. 
    Subd. 4.  The fees allowed for the service of an execution, 
for advertising thereon, and for filing certificate with the 
county recorder shall be collected by virtue thereof and in the 
same manner as the sum therein directed to be levied. 
    Subd. 6.  This section shall not relate to or affect the 
fees of the sheriff of Ramsey county. 
    Subd. 7.  All special laws relating to sheriffs' fees and 
mileage allowance which are inconsistent with the provisions of 
Laws 1977, chapter 338 are superseded to the extent of the 
inconsistency. 
    Subd. 8.  Counties with a population in excess of 80,000 
according to the latest federal decennial census or the 
population estimates of the demographer pursuant to section 
116K.04 are not subject to the provisions of this section, but 
The county board in exempt counties shall set the sheriff's fees 
with the advice and consultation of the sheriff. 
     Sec. 2.  Minnesota Statutes 1988, section 373.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  Each county is a body politic and corporate 
and may: 
    (1) Sue and be sued. 
    (2) Acquire and hold real and personal property for the use 
of the county, and lands sold for taxes as provided by law. 
    (3) Purchase and hold for the benefit of the county real 
estate sold by virtue of judicial proceedings, to which the 
county is a party. 
    (4) Sell, lease, and convey real or personal estate owned 
by the county, and give contracts or options to sell, lease or 
convey it, and make orders respecting it as deemed conducive to 
the interests of the county's inhabitants.  
    No sale, lease or conveyance of real estate owned by the 
county, nor any contract or option for it, shall be valid, 
without first advertising for bids or proposals in the official 
newspaper of the county for three consecutive weeks and once in 
a newspaper of general circulation in the area where the 
property is located.  The notice shall state the time and place 
of considering the proposals, contain a legal description of any 
real estate, and a brief description of any personal 
property.  Leases that do not exceed $15,000 for any one year 
may be negotiated and are not subject to the competitive bid 
procedures of this section.  All proposals estimated to exceed 
$15,000 in any one year shall be considered at that the time set 
for the bid opening, and the one most favorable to the county 
accepted, but the county board may, in the interest of the 
county, reject any or all proposals.  Sales of personal property 
the value of which is estimated to be $15,000 or more shall be 
made only after advertising for bids or proposals as provided 
for real estate.  Sales of personal property the value of which 
is estimated to be less than $15,000 may be made either on 
competitive bids or in the open market, in the discretion of the 
county board.  Notwithstanding anything to the contrary herein, 
the county may, when acquiring real property for county highway 
right-of-way, exchange parcels of real property of substantially 
similar or equal value without advertising for bids.  The 
estimated values for these parcels shall be determined by the 
county assessor. 
    If real estate or personal property remains unsold after 
advertising for and consideration of bids or proposals the 
county may employ a broker to sell the property.  The broker may 
sell the property for not less than 90 percent of its appraised 
market value as determined by the county.  The broker's fee 
shall be set by agreement with the county but may not exceed ten 
percent of the sale price and must be paid from the proceeds of 
the sale. 
    In no case shall lands be disposed of without there being 
reserved to the county all iron ore and other valuable minerals 
in and upon the lands, with right to explore for, mine and 
remove the iron ore and other valuable minerals, nor shall the 
minerals and mineral rights be disposed of, either before or 
after disposition of the surface rights, otherwise than by 
mining lease, in similar general form to that provided by 
section 93.20 for mining leases affecting state lands.  The 
lease shall be for a term not exceeding 50 years, and be issued 
on a royalty basis, the royalty to be not less than 25 cents per 
ton of 2,240 pounds, and fix a minimum amount of royalty payable 
during each year, whether mineral is removed or not.  
Prospecting options for mining leases may be granted for periods 
not exceeding one year.  The options shall require, among other 
things, periodical showings to the county board of the results 
of exploration work done.  
     (5) Make all contracts and do all other acts in relation to 
the property and concerns of the county necessary to the 
exercise of its corporate powers. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 5:12 p.m.