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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 223-S.F.No. 822 
           An act relating to the environment; clarifying that 
          certain persons who own or have the capacity to 
          influence operation of property are not responsible 
          persons under the environmental response and liability 
          act solely because of ownership or the capacity to 
          influence operation; amending Minnesota Statutes 1990, 
          section 115B.03, by adding subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 115B.03, is 
amended by adding a subdivision to read: 
    Subd. 5.  [EMINENT DOMAIN.] (a) The state, an agency of the 
state, or a political subdivision that acquires property through 
exercise of the power of eminent domain, or through negotiated 
purchase after filing a petition for the taking of the property 
through eminent domain, or adopting a redevelopment or 
development plan under sections 469.001 to 469.134 describing 
the property and stating its intended use and the necessity of 
its taking is not a responsible person under this section solely 
as a result of the acquisition of the property.  
    (b) A person who acquires property from the state, an 
agency of the state, or a political subdivision, is not a 
responsible person under this section solely as a result of the 
acquisition of property if the property was acquired by the 
state, agency, or political subdivision through exercise of the 
power of eminent domain or by negotiated purchase after filing a 
petition for the taking of the property through eminent domain 
or adopting a redevelopment or development plan under sections 
469.001 to 469.134 describing the property and stating its 
intended use and the necessity of its taking. 
    Sec. 2.  Minnesota Statutes 1990, section 115B.03, is 
amended by adding a subdivision to read: 
    Subd. 6.  [MORTGAGES.] (a) A mortgagee is not a responsible 
person under this section solely because the mortgagee becomes 
an owner of real property through foreclosure of the mortgage or 
by receipt of the deed to the mortgaged property in lieu of 
foreclosure. 
    (b) A mortgagee of real property where a facility is 
located or a holder of a security interest in facility assets or 
inventory is not an operator of the facility for the purpose of 
this section solely because the mortgagee or holder has a 
capacity to influence the operation of the facility to protect 
its security interest in the real property or assets. 
    Sec. 3.  Minnesota Statutes 1990, section 115B.03, is 
amended by adding a subdivision to read: 
    Subd. 7.  [CONTRACT FOR DEED VENDORS.] A contract for deed 
vendor who is otherwise not a responsible party for a release or 
a threatened release of a hazardous substance from a facility is 
not a responsible person under this section solely as a result 
of a termination of the contract for deed under section 559.21. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 10:25 a.m.