Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 158-H.F.No. 259
An act relating to local government; providing for the
publication of certain accounts and delinquent
property tax information; amending Minnesota Statutes
1992, sections 281.13; 281.23, subdivision 3; and
375.17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 281.13, is
amended to read:
281.13 [NOTICE OF EXPIRATION OF REDEMPTION.]
Every person holding a tax certificate after expiration of
three years after the date of the tax sale under which the same
was issued, may present such certificate to the county auditor;
and thereupon the auditor shall prepare, under the auditor's
hand and official seal, a notice, directed to the person or
persons in whose name such lands are assessed, specifying the
description thereof, the amount for which the same was sold, the
amount required to redeem the same, exclusive of the costs to
accrue upon such notice, and the time when the redemption period
will expire. If, at the time when any tax certificate is so
presented, such lands are assessed in the name of the holder of
the certificate, such notice shall be directed also to the
person or persons in whose name title in fee of such land
appears of record in the office of the county recorder. The
auditor shall deliver such notice to the party applying
therefor, who shall deliver it to the sheriff of the proper
county for service. Within 20 days after receiving it, the
sheriff shall serve such notice upon the persons to whom it is
directed, if to be found in the sheriff's county, in the manner
prescribed for serving a summons in a civil action; if not so
found, then upon the person in possession of the land, and make
return thereof to the auditor. In the case of land held in
joint tenancy the notice shall be served upon each joint
tenant. If one or more of the persons to whom the notice is
directed cannot be found in the county, and there is no one in
possession of the land, of each of which facts the return of the
sheriff so specifying shall be prima facie evidence, service
shall be made upon those persons that can be found and service
shall also be made by three two weeks' published notice, proof
of which publication shall be filed with the auditor.
When the records in the office of the county recorder show
that any lot or tract of land is encumbered by an unsatisfied
mortgage or other lien, and show the post office address of the
mortgagee or lienee, or if the same has been assigned, the post
office address of the assignee, the person holding such tax
certificate shall serve a copy of such notice upon such
mortgagee, lienee, or assignee by certified mail addressed to
such mortgagee, lienee, or assignee at the post office address
of the mortgagee, lienee, or assignee as disclosed by the
records in the office of the county recorder, at least 60 days
prior to the time when the redemption period will expire.
The notice herein provided for shall be sufficient if
substantially in the following form:
"NOTICE OF EXPIRATION OF REDEMPTION
Office of the County Auditor
County of ......................., State of Minnesota.
To ..............................
You are hereby notified that the following described piece
or parcel of land, situated in the county of
......................., and State of Minnesota, and known and
described as follows: .........
............................................................
.........., is now assessed in your name; that on the
........................ day of May, ....................., at
the sale of land pursuant to the real estate tax judgment, duly
given and made in and by the district court in and for said
county of ......................................, on the
................................. day of March, ..............,
in proceedings to enforce the payment of taxes delinquent upon
real estate for the year .............. for said county of
........... ......................., the above described piece
or parcel of land was sold for the sum of $............., and
the amount required to redeem such piece or parcel of land from
such sale, exclusive of the cost to accrue upon this notice, is
the sum of $............, and interest at the rate of
............... percent per annum from said
............................. day of ......................,
..................., to the day such redemption is made, and
that the tax certificate has been presented to me by the holder
thereof, and the time for redemption of such piece or parcel of
land from such sale will expire 60 days after the service of
this notice and proof thereof has been filed in my office.
Witness my hand and official seal this
............................ day of ................,
.................
.................
(OFFICIAL SEAL)
County Auditor of
...................... County, Minnesota."
Sec. 2. Minnesota Statutes 1992, section 281.23,
subdivision 3, is amended to read:
Subd. 3. [PUBLICATION.] As soon as practicable after the
posting of the notice prescribed in subdivision 2, the county
auditor shall cause to be published for three two successive
weeks in the official newspaper of the county, the notice
prescribed by subdivision 2.
Sec. 3. Minnesota Statutes 1992, section 375.17, is
amended to read:
375.17 [PUBLICATION OF FINANCIAL STATEMENTS.]
Subdivision 1. [STATEMENT CONTENTS; SUMMARIES.] Annually,
not later than the first Tuesday after the first Monday in
March, the county board shall make a full and accurate statement
of the receipts and expenditures of the preceding year, which
shall contain a statement of the assets and liabilities, a
summary of receipts, disbursements, and balances of all county
funds together with a detailed statement of each fund account,
under the form and style prescribed by and on file with the
state auditor. The prescribed form and any changes or
modifications of it shall so far as practical be uniform for all
counties and be approved by the attorney general and the state
printer. Before June 1 Annually the board shall publish the
statement or a summary of the statement in a form as prescribed
by the state auditor, for one issue in a duly qualified legal
newspaper in the county.
Subd. 2. [FULL STATEMENT; PUBLICATION CONDITIONS.] If the
board elects to publish the full statement, it may refrain from
publishing:
(1) an itemized account of amounts paid out, to whom and
for what purpose to the extent that the published proceedings of
the county board contain the information, if all disbursements
aggregating $5,000 or more to any person are set forth in a
schedule of major disbursements showing amounts paid out, to
whom and for what purpose and are made a part of, and published
with, the financial statement. The county board may refrain
from publishing;
(2) the names and amounts of salaries and expenses paid to
employees but shall publish the totals of disbursements for
salaries and expenses. The county board may refrain from
publishing; and
(3) the names of persons receiving poor relief or direct
relief human services aid and the amounts paid to each, but the
totals of the disbursements for those purposes must be published.
This subdivision does not apply to a summary published
pursuant to subdivision 1.
Subd. 3. [FILING.] In addition to the publication in the
newspaper designated by the board as the official newspaper for
publication of the financial statement, the statement shall be
published in one other newspaper, if one of general circulation
is located in a different municipality in the county than the
official newspaper. The county board shall call for separate
bids for each publication. If a provision of this section is
inconsistent with section 393.07, the provisions of that section
shall prevail. The financial statement must be filed with the
county auditor for public inspection.
Sec. 4. [EFFECTIVE DATE.]
This act takes effect the day after final enactment.
Presented to the governor May 11, 1993
Signed by the governor May 14, 1993, 9:09 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes