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Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 4-S.F.No. 262
An act relating to local government; making technical
changes to filing and recording laws; amending
Minnesota Statutes 2004, sections 41.65, subdivision
3; 49.05, subdivision 2; 49.215, subdivision 3; 52.20,
subdivisions 2, 3; 60B.16, subdivision 1; 60B.21,
subdivision 1; 60B.25; 60B.52, subdivision 2; 60B.53,
subdivision 2; 60B.55, subdivision 2; 66A.21,
subdivision 2; 88.14, subdivision 3; 88.41; 88.49,
subdivisions 2, 3, 5; 88.491, subdivision 2; 92.17;
93.52, subdivision 2; 93.55, subdivisions 1, 1a, 2, 5;
93.551; 94.19; 103I.341, subdivisions 1, 4; 117.065;
164.06, subdivision 2; 164.07, subdivision 11; 222.29;
238.25, subdivision 10; 273.165, subdivision 1;
281.322; 281.328, subdivision 1; 284.07; 284.08;
284.11; 284.18; 306.02, subdivision 1; 306.24; 307.06;
307.07; 315.01, subdivisions 3, 4; 315.17, subdivision
3; 315.19; 315.20, subdivisions 2, 3; 315.32; 315.365,
subdivision 2; 315.44; 316.09; 317A.021, subdivision
4; 317A.051, subdivision 2; 318.02, subdivision 3;
322.02; 322.25, subdivision 4; 322A.86; 327A.04,
subdivision 3; 327C.095, subdivisions 8, 11; 344.06;
344.08; 375.14; 381.12, subdivision 1; 382.08; 382.10;
384.02; 384.08; 385.02, subdivision 1; 386.03; 386.04;
386.05; 386.13; 386.16; 386.19; 386.20, subdivisions
1, 3; 386.23, subdivisions 1, 2; 386.26, subdivision
3; 386.29; 386.31; 386.32; 386.36; 386.37; 386.45;
387.01; 387.33, subdivision 2; 388.01; 388.10;
389.011, subdivisions 1, 3; 390.05; 394.27,
subdivision 8; 394.301, subdivision 4; 394.33,
subdivision 1; 394.35; 395.18; 395.22; 398.19; 410.11;
412.851; 429.061, subdivision 2; 444.17; 447.31,
subdivision 4; 462.359, subdivision 2; 462.3595,
subdivision 4; 462.36, subdivision 1; 462A.31,
subdivision 7; 463.15, subdivision 4; 465.19; 471.928;
485.01; 485.03; 485.05; 489.03; 507.24, subdivision 1;
508.35; 508.37; 508.38; 519.091, subdivision 2;
541.023, subdivisions 2, 2a, 4, 6; 548.09, subdivision
1; 548.25; 550.31; 550.32; 559.17, subdivisions 2, 3;
559.209, subdivision 2; 559.21, subdivision 4; 559.23;
570.061, subdivision 2; 570.11; 570.14; 576.01,
subdivision 2; 577.02; 577.10; 580.032, subdivisions
1, 3; 580.09; 580.15; 580.17; 580.23, subdivision 4;
580.24; 580.29; 600.21; repealing Minnesota Statutes
2004, sections 386.183; 386.34; 386.53; 580.16.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 41.65,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTED AGRICULTURAL USE.] (a) Acquired
property that has marginal land as defined in section 103F.511,
subdivision 7, or wetlands must be restricted from agricultural
use on the marginal land or wetlands.
(b) If the commissioner determines that all or a portion of
acquired property should be taken out of agricultural use or
particular agricultural uses should be restricted, the
commissioner shall have the attorney general prepare an easement
restricting the agricultural use and file record the easement
with the county recorder where the property is located.
Sec. 2. Minnesota Statutes 2004, section 49.05,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATES PRIOR TO FORECLOSURE SALES.] Prior
to any sale under any foreclosure proceedings, the commissioner
shall file for record in the office of the county recorder of
the county where any land affected by any such foreclosure sale
is situated, a certificate under the commissioner's hand, as
such commissioner, stating therein the corporate name of the
financial institution affected; its principal place of business;
that possession of its property and business has been taken by
the commissioner under the laws of the state, and the date of
taking possession thereof; and that it is in process of
liquidation by the commissioner, pursuant to the laws of this
state, if such be the fact. A like certificate shall be filed
for record recorded by the commissioner in the office where any
such mortgage or lien is recorded. This certificate, or a duly
certified copy thereof, shall be prima facie evidence of the
facts therein set forth. Only one such certificate need
be filed recorded as hereinbefore provided in this section, for
each financial institution in liquidation. All foreclosure
proceedings heretofore conducted, whether the certificate was
filed for record recorded as to each such foreclosure or not,
are hereby validated if one such certificate has been filed
recorded as to each financial institution in liquidation, or if
the commissioner shall after any foreclosure sale file record a
certificate reciting the facts required to be set out in an
original certificate, as they existed prior to the foreclosure
sale.
Sec. 3. Minnesota Statutes 2004, section 49.215,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATE OF LIQUIDATION.] Upon compliance
with the foregoing and upon filing with the commissioner an
affidavit of the president and cashier or vice president
conducting the duties of cashier of said financial institution
that the provisions of subdivision 4 have been complied with and
that all depositors and other creditors have been paid in full,
or, if any dividends or any moneys set apart for the payment of
claims remain unpaid and the places of residence of the
depositors or other creditors are unknown to the persons making
the affidavit, that sufficient funds have been turned over to
the commissioner for payment into the state treasury to pay said
depositors and other creditors, in the manner provided by
subdivision 5, the commissioner shall issue a certificate of
liquidation, and, upon the filing for record of said certificate
of liquidation in the Office of the Secretary of State and the
recording in the office of the county recorder of the county of
the principal place of business of such financial institution
immediately prior to its voluntary liquidation, the liquidation
of said financial institution shall be complete, and its
corporate existence shall thereupon terminate.
Sec. 4. Minnesota Statutes 2004, section 52.20,
subdivision 2, is amended to read:
Subd. 2. [FILING RECORDING DOCUMENTS; COMMISSIONER'S
APPROVAL; BOND.] Immediately after this meeting and before the
committee shall proceed with the liquidation, the officers of
the credit union shall file with the commissioner of commerce a
certified copy of the minutes of this meeting, a written
statement outlining the plan of liquidation, and a verified
statement, in writing, signed by a majority of the officers,
consenting to this liquidation containing the names and
addresses of all officers and directors of the credit union.
After the commissioner of commerce shall, by proper examination,
determine that the credit union is solvent, the commissioner
shall, within 60 days, issue a certificate of approval of the
liquidation, which certificate shall be filed recorded with the
county recorder in the county where the credit union is located.
A "solvent" credit union is one which is able to pay all of its
debts and deposits. From and after this special meeting the
credit union shall cease to do business except for purposes of
liquidation. Before commencing the liquidation the committee
shall execute and file with the commissioner of commerce a bond
running to the state of Minnesota for the benefit of the members
and creditors of the credit union in such amount and with such
sureties and in such form as shall be approved by the
commissioner of commerce, conditioned for the faithful
performance of all duties of its trust. A bond may be waived in
case of a bulk sale of assets to one or more purchasers upon
terms approved by the commissioner of commerce. Such purchasers
may include other credit unions or an association of credit
unions.
Sec. 5. Minnesota Statutes 2004, section 52.20,
subdivision 3, is amended to read:
Subd. 3. [TIME OF DISSOLUTION.] Upon filing recording this
certificate with the county recorder, the credit union shall be
deemed dissolved and its corporate existence terminated except
for the purpose of discharging its debts, collecting and
distributing its assets, and doing all other acts required in
order to liquidate. The credit union shall have a corporate
existence and may sue and be sued.
Sec. 6. Minnesota Statutes 2004, section 60B.16,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT OF REHABILITATOR.] An order to
rehabilitate the business of a domestic insurer, or an alien
insurer domiciled in this state, shall appoint the commissioner
and successors in office rehabilitator and shall direct the
rehabilitator forthwith to take possession of the assets of the
insurer and to administer them under the orders of the court.
The filing or recording of the order with any county recorder in
the state imparts the same notice as a deed, bill of sale, or
other evidence of title duly filed or recorded with that county
recorder.
Sec. 7. Minnesota Statutes 2004, section 60B.21,
subdivision 1, is amended to read:
Subdivision 1. [ORDER TO LIQUIDATE.] An order to liquidate
the business of a domestic insurer shall appoint the
commissioner and successors in office liquidator and shall
direct the liquidator forthwith to take possession of the assets
of the insurer and to administer them under the orders of the
court. The liquidator shall be vested by operation of law with
the title to all of the property, contracts, and rights of
action and all of the books and records of the insurer ordered
liquidated, wherever located, as of the date of the filing of
the petition for liquidation. The commissioner may recover and
reduce the same to possession except that ancillary receivers in
reciprocal states shall have, as to assets located in their
respective states, the rights and powers which are prescribed in
section 60B.55, subdivision 3, for ancillary receivers appointed
in this state as to assets located in this state. The filing or
recording of the order with any county recorder in this state
imparts the same notice as a deed, bill of sale, or other
evidence of title duly filed or recorded with that county
recorder.
Sec. 8. Minnesota Statutes 2004, section 60B.25, is
amended to read:
60B.25 [POWERS OF LIQUIDATOR.]
The liquidator shall report to the court monthly, or at
other intervals specified by the court, on the progress of the
liquidation in whatever detail the court orders. The liquidator
shall coordinate activities with those of each guaranty
association having an interest in the liquidation and shall
submit a report detailing how coordination will be achieved to
the court for its approval within 30 days following appointment,
or within the time which the court, in its discretion, may
establish. Subject to the court's control, the liquidator may:
(1) Appoint a special deputy to act under sections 60B.01
to 60B.61 and determine the deputy's compensation. The special
deputy shall have all powers of the liquidator granted by this
section. The special deputy shall serve at the pleasure of the
liquidator.
(2) Appoint or engage employees and agents, actuaries,
accountants, appraisers, consultants, and other personnel deemed
necessary to assist in the liquidation without regard to chapter
14.
(3) Fix the compensation of persons under clause (2),
subject to the control of the court.
(4) Defray all expenses of taking possession of,
conserving, conducting, liquidating, disposing of, or otherwise
dealing with the business and property of the insurer. If the
property of the insurer does not contain sufficient cash or
liquid assets to defray the costs incurred, the liquidator may
advance the costs so incurred out of the appropriation made to
the Department of Commerce. Any amounts so paid shall be deemed
expense of administration and shall be repaid for the credit of
the Department of Commerce out of the first available money of
the insurer.
(5) Hold hearings, subpoena witnesses and compel their
attendance, administer oaths, examine any person under oath and
compel any person to subscribe to testimony after it has been
correctly reduced to writing, and in connection therewith
require the production of any books, papers, records, or other
documents which the liquidator deems relevant to the inquiry.
(6) Collect all debts and money due and claims belonging to
the insurer, wherever located, and for this purpose institute
timely action in other jurisdictions, in order to forestall
garnishment and attachment proceedings against such debts; do
such other acts as are necessary or expedient to collect,
conserve, or protect its assets or property, including sell,
compound, compromise, or assign for purposes of collection, upon
such terms and conditions as the liquidator deems best, any bad
or doubtful debts; and pursue any creditor's remedies available
to enforce claims.
(7) Conduct public and private sales of the property of the
insurer in a manner prescribed by the court.
(8) Use assets of the estate to transfer coverage
obligations to a solvent assuming insurer, if the transfer can
be arranged without prejudice to applicable priorities under
section 60B.44.
(9) Acquire, hypothecate, encumber, lease, improve, sell,
transfer, abandon, or otherwise dispose of or deal with any
property of the insurer at its market value or upon such terms
and conditions as are fair and reasonable, except that no
transaction involving property the market value of which exceeds
$10,000 shall be concluded without express permission of the
court. The liquidator may also execute, acknowledge, and
deliver any deeds, assignments, releases, and other instruments
necessary or proper to effectuate any sale of property or other
transaction in connection with the liquidation. In cases where
real property sold by the liquidator is located other than in
the county where the liquidation is pending, the liquidator
shall cause to be filed recorded with the county recorder for
the county in which the property is located a certified copy of
the order of appointment.
(10) Borrow money on the security of the insurer's assets
or without security and execute and deliver all documents
necessary to that transaction for the purpose of facilitating
the liquidation.
(11) Enter into such contracts as are necessary to carry
out the order to liquidate, and affirm or disavow any contracts
to which the insurer is a party.
(12) Continue to prosecute and institute in the name of the
insurer or in the liquidator's own name any suits and other
legal proceedings, in this state or elsewhere, and abandon the
prosecution of claims the liquidator deems unprofitable to
pursue further. If the insurer is dissolved under section
60B.23, the liquidator may apply to any court in this state or
elsewhere for leave to be substituted for the insurer as
plaintiff.
(13) Prosecute any action which may exist in behalf of the
creditors, members, policyholders, or shareholders of the
insurer against any officer of the insurer, or any other person.
(14) Remove any records and property of the insurer to the
offices of the commissioner or to such other place as is
convenient for the purposes of efficient and orderly execution
of the liquidation.
(15) Deposit in one or more banks in this state such sums
as are required for meeting current administration expenses and
dividend distributions.
(16) Deposit with the State Board of Investment for
investment pursuant to section 11A.24, all sums not currently
needed, unless the court orders otherwise.
(17) Record or file any necessary documents for record in
the office of any county recorder or record office in this state
or elsewhere where property of the insurer is located.
(18) Assert all defenses available to the insurer as
against third persons, including statutes of limitations,
statutes of frauds, and the defense of usury. A waiver of any
defense by the insurer after a petition for liquidation has been
filed shall not bind the liquidator.
(19) Exercise and enforce all the rights, remedies, and
powers of any creditor, shareholder, policyholder, or member,
including any power to avoid any transfer or lien that may be
given by law and that is not included within sections 60B.30 and
60B.32.
(20) Intervene in any proceeding wherever instituted that
might lead to the appointment of a receiver or trustee, and act
as the receiver or trustee whenever the appointment is offered.
(21) Enter into agreements with any receiver or
commissioner of any other state relating to the rehabilitation,
liquidation, conservation, or dissolution of an insurer doing
business in both states.
(22) Collect from an insured any unpaid earned premium or
retrospectively rated premium due the insurer based on the
termination of coverage under section 60B.22. Premium on surety
business is considered earned at inception if no policy term can
be determined. All other premium will be considered earned and
will be prorated over the determined policy term, regardless of
any provision in the bond, guaranty, contract, or other
agreement.
(23) Exercise all powers now held or hereafter conferred
upon receivers by the laws of this state not inconsistent with
sections 60B.01 to 60B.61.
(24) The enumeration in this section of the powers and
authority of the liquidator is not a limitation, nor does it
exclude the right to do such other acts not herein specifically
enumerated or otherwise provided for as are necessary or
expedient for the accomplishment of or in aid of the purpose of
liquidation.
(25) The power of the liquidator of a health maintenance
organization includes the power to transfer coverage obligations
to a solvent and voluntary health maintenance organization,
insurer, or nonprofit health service plan, and to assign
provider contracts of the insolvent health maintenance
organization to an assuming health maintenance organization,
insurer, or nonprofit health service plan permitted to enter
into such agreements. The liquidator is not required to meet
the notice requirements of section 62D.121. Transferees of
coverage obligations or provider contracts shall have no
liability to creditors or obligees of the health maintenance
organization except those liabilities expressly assumed.
Sec. 9. Minnesota Statutes 2004, section 60B.52,
subdivision 2, is amended to read:
Subd. 2. [TERMS OF ORDER.] The court may issue the order
in whatever terms it deems appropriate. The filing or recording
of the order with any county recorder in this state imparts the
same notice as a deed, bill of sale, or other evidence of title
duly filed or recorded with that county recorder.
Sec. 10. Minnesota Statutes 2004, section 60B.53,
subdivision 2, is amended to read:
Subd. 2. [TERMS OF ORDER.] If it appears to the court that
the best interests of creditors, policyholders, and the public
so require, the court may issue an order to liquidate in
whatever terms it deems appropriate. The filing or recording of
the order with any county recorder in this state imparts the
same notice as a deed, bill of sale, or other evidence of title
duly filed or recorded with that county recorder.
Sec. 11. Minnesota Statutes 2004, section 60B.55,
subdivision 2, is amended to read:
Subd. 2. [TERMS OF ORDER.] The court may issue an order
appointing an ancillary receiver in whatever terms it deems
appropriate. The filing or recording of the order with any
county recorder in this state imparts the same notice as a deed,
bill of sale, or other evidence of title duly filed or recorded
with that county recorder.
Sec. 12. Minnesota Statutes 2004, section 66A.21,
subdivision 2, is amended to read:
Subd. 2. [EXISTING DOMESTIC MUTUAL INSURANCE COMPANIES,
JOINT AGREEMENT; APPROVAL.] The separation can be effected only
as a result of a joint agreement entered into, approved and
filed as follows:
(1) The board of directors of the ceding and assuming
corporations shall, by majority vote, enter into a joint
agreement, prescribing the terms and conditions of the
separation and the mode of carrying the same into effect, with
such other details and provisions as they deem necessary. The
agreement shall provide for an adjustment of final figures as
may be necessary after a verifying examination of the
corporation by the commissioner of commerce as hereinafter
provided.
(2) The agreement shall be submitted to the members of the
ceding corporation, at a special meeting duly called for the
purpose of considering and acting upon the agreement. Notice
for such special meeting shall be deemed sufficient if mailed to
the policyholders' last known address as shown on the policy
records of the corporation. If the holders of two-thirds of the
voting power of the members present or represented at the
meeting shall vote for the adoption of the agreement, then that
fact shall be certified on the agreement by the secretary of the
corporation and the agreement so adopted and certified shall be
signed and acknowledged by the president and secretary of both
the ceding and assuming corporations.
(3) The agreement so adopted, certified and acknowledged
shall be delivered to the commissioner of commerce. It shall be
the duty of the commissioner to determine, after a verifying
examination, if the provisions thereof are fair and equitable to
all concerned and to verify the reasonableness and accuracy of
the apportionment of assets, liabilities, and surplus provided
for in the agreement.
If the commissioner is satisfied that the agreement is fair
and reasonable and that its provisions relating to transfers of
assets and assumption of liabilities are equitable to claimants
and policyholders, the commissioner shall place a certificate of
approval on the agreement and shall file it in the
commissioner's office. A copy of the agreement, certified by
the commissioner of commerce shall be filed for record in the
Office of the Secretary of State and recorded in the office of
the county recorder of the counties in this state in which any
of the corporate parties to the agreement have their home
offices and of any counties in which any of the corporate
parties have land, title to which will be transferred under the
terms of the agreement.
Sec. 13. Minnesota Statutes 2004, section 88.14,
subdivision 3, is amended to read:
Subd. 3. [ENTRY TO DISPOSE; LIEN.] When any such
slashings, debris, or refuse are not disposed of or are left
unattended for a period exceeding 30 days, contrary to the
instructions of the commissioner, or forest officer, the
commissioner, or any forest officer or fire warden, may go upon
the premises with as many workers as may be necessary and burn
or otherwise dispose of the same and the expense thereof shall
be a lien upon the land on which they are situated and upon all
contiguous lands of the same owner, and also upon all logs and
other timber products cut or manufactured upon all these lands.
This lien shall have the same effect and may be enforced in the
same manner as a judgment in favor of the state for money. An
itemized statement verified by the oath of the commissioner, or
forest officer, of the amount of the costs and expenses incurred
in burning or otherwise disposing of these slashings, debris, or
refuse shall be filed recorded, within 90 days from the time the
disposal thereof is completed, in the office of the county
recorder, or, if the property is registered, in the office of
the registrar of titles of the county in which the timber or
timber products were cut or manufactured; and the amount of the
lien shall be a valid claim that may be collected in a civil
action from the person who cut or manufactured the wood, timber,
or timber products from which the slashings, debris, or refuse
were produced. Any moneys so collected shall be paid into the
state treasury and credited to the general fund.
Sec. 14. Minnesota Statutes 2004, section 88.41, is
amended to read:
88.41 [COUNTY AUDITORS; TABULAR STATEMENTS; POWERS AND
DUTIES.]
At as early a date as possible after letting the contract
or contracts under any improvement authorized by sections 88.28
to 88.46, and as soon as the cost of the improvement and
expenses connected therewith can be ascertained, the auditor of
the county shall make in tabular form a list and statement as
provided by General Statutes 1923, section 6703, and the cost of
making the improvement of each tract, together with its
proportionate share of the total expense, shall be assessed
against such tract, and the provisions of General Statutes 1923,
section 6703, so far as applicable, shall govern the proceedings
under sections 88.28 to 88.46. The auditor is hereby authorized
to exercise all the rights and authority granted by General
Statutes 1923, section 6703, and in all places where the term
"ditch" or "drainage ditch" shall appear therein, the same, for
all purposes of sections 88.28 to 88.46 shall be construed as
reading "improvement," and General Statutes 1923, section 6703,
used and applied accordingly. The auditor, after preparing this
statement, shall cause a duplicate thereof to be filed recorded
in the office of the county recorder in and for the county, as
provided in General Statutes 1923, section 6705, and the
provisions thereof shall apply to the proceedings under sections
88.28 to 88.46. The auditor and county recorder are hereby
authorized to exercise the rights and authority and perform the
duties here specified, and the provisions of General Statutes
1923, sections 6712 and 6713, shall apply to and govern the
proceedings under sections 88.28 to 88.46. The county auditor,
the county treasurer, and the county recorder are each hereby
authorized and required to perform in all proceedings under
sections 88.28 to 88.46 the duties specified in General Statutes
1923, sections 6712 and 6713; and in all cases where the term
"ditch" or "ditches" or any other similar term appears therein,
the same, for all purposes of sections 88.28 to 88.46, shall be
construed as reading "improvement."
Sec. 15. Minnesota Statutes 2004, section 88.49,
subdivision 2, is amended to read:
Subd. 2. [PREPARATION, FORM, APPROVAL.] The contract shall
be prepared by the director of the Division of Lands and
Forestry on a recordable form approved by the attorney general
and prescribe such terms and conditions as will reasonably tend
to produce merchantable timber upon the lands described therein
and specify the kind or species of seeds to be planted or
seedlings to be set out and the quantity or number thereof, or
other acts or steps that the commissioner shall deem necessary
in respect to afforestation or reforestation of the lands; the
time or times when the same shall be done; the kind and amount,
if any, of culture or other attention to be given in aid of the
growth of timber thereon; the uses, if any, which may be made of
the land while the same remains an auxiliary forest; the period
of time, not exceeding 50 years, during which the land may
continue to be an auxiliary forest, with privilege of renewal by
mutual agreement between the owner and the state acting through
the commissioner, with the approval of the county board and the
Executive Council, for an additional period not exceeding 50
years; the rate of taxation which may be levied annually on the
land, exclusive of merchantable timber growing thereon at the
time of the making of the contract and exclusive of mineral or
other things of value thereunder, the rate to be determined as
hereinafter provided; the keeping open to the public, as public
hunting and fishing grounds, of all approved auxiliary forest
lands, except when such lands are closed to public hunting or
fishing by order of the director of the Division of Lands and
Forestry in order to protect such lands from fire, loss of life
or property provided, however, that the term keeping open shall
not apply to private roads or improvements should the owner
desire to close same; and such other conditions, provisions, and
stipulations, as the commissioner, in the exercise of scientific
knowledge and business judgment, may deem necessary or proper.
Every such contract shall be approved by the Executive Council.
As far as practicable all contracts shall be uniform and
equal in respect to all lands or classes of lands substantially
similar in capacity for, or adaptability to, any particular kind
or species of tree culture or forest growth.
Sec. 16. Minnesota Statutes 2004, section 88.49,
subdivision 3, is amended to read:
Subd. 3. [RECORDING.] The commissioner shall submit such
contract in recordable form to the owner of the land covered
thereby. If the owner shall indicate to the commissioner an
unwillingness to execute the same, or if the owner or any of the
persons having an interest therein or lien thereon fail to
execute it within 60 days from the time of its submission to the
owner, all proceedings relating to the making of this land into
an auxiliary forest shall be at an end.
When the contract shall have been executed it shall
forthwith be recorded in the office of the county recorder at
the expense of the owner in a permanent book or record which
shall be designated "record of auxiliary forests" and shall
always be open to public inspection; and or, if the title to the
land be registered, there shall in addition to such record be
filed with the registrar of titles a duplicate of the contract.
At the time the contract is filed recorded with the county
recorder for record the owner, at the owner's expense, shall
furnish to record with the county recorder a certificate from
the county attorney to the effect that no change in record title
thereof has occurred, that no liens or other encumbrances have
been placed thereon, and that no taxes have accrued thereon
since the making of the previous certificate. It shall be the
duty of the county attorney to furnish this certificate without
further compensation.
All the provisions of the contract shall be deemed
covenants running with the land from the date of the filing of
the contract for record.
Sec. 17. Minnesota Statutes 2004, section 88.49,
subdivision 5, is amended to read:
Subd. 5. [CANCELLATION.] Upon the failure of the owner
faithfully to fulfill and perform such contract or any provision
thereof, or any requirement of sections 88.47 to 88.53, or any
rule adopted by the commissioner thereunder, the commissioner
may cancel the contract in the manner herein provided. The
commissioner shall give to the owner, in the manner prescribed
in section 88.48, subdivision 4, 60 days' notice of a hearing
thereon at which the owner may appear and show cause, if any,
why the contract should not be canceled. The commissioner shall
thereupon determine whether the contract should be canceled and
make an order to that effect. Notice of the commissioner's
determination and the making of the order shall be given to the
owner in the manner provided in section 88.48, subdivision 4.
On determining that the contract should be canceled and no
appeal therefrom be taken, the commissioner shall send notice
thereof to the auditor of the county and to the town clerk of
the town affected and file with the recorder a certified copy of
the order, who shall forthwith note the cancellation upon the
record thereof, and thereupon the land therein described shall
cease to be an auxiliary forest and, together with the timber
thereon, become liable to all taxes and assessments that
otherwise would have been levied against it had it never been an
auxiliary forest from the time of the making of the contract,
any provisions of the statutes of limitation to the contrary
notwithstanding, less the amount of taxes paid under the
provisions of section 88.51, subdivision 1, together with
interest on such taxes and assessments at six percent per annum,
but without penalties.
The commissioner may in like manner and with like effect
cancel the contract upon written application of the owner.
The commissioner shall cancel any contract if the owner has
made successful application under sections 290C.01 to 290C.11,
the Sustainable Forest Incentive Act, and has paid to the county
treasurer the difference between the amount which would have
been paid had the land under contract been subject to the
Minnesota Tree Growth Tax Law and the Sustainable Forest
Incentive Act from the date of the filing recording of the
contract and the amount actually paid under section 88.51,
subdivisions 1 and 2. This tax difference must be calculated
based on the years the lands would have been taxed under the
Tree Growth Tax Law and the Sustainable Forest Incentive Act.
The sustainable forest tax difference is net of the incentive
payment of section 290C.07. If the amount which would have been
paid, had the land under contract been under the Minnesota Tree
Growth Tax Law and the Sustainable Forest Incentive Act from the
date of the filing of the contract, is less than the amount
actually paid under the contract, the cancellation shall be made
without further payment by the owner.
When the execution of any contract creating an auxiliary
forest shall have been procured through fraud or deception
practiced upon the county board or the commissioner or any other
person or body representing the state, it may be canceled upon
suit brought by the attorney general at the direction of the
commissioner. This cancellation shall have the same effect as
the cancellation of a contract by the commissioner.
Sec. 18. Minnesota Statutes 2004, section 88.491,
subdivision 2, is amended to read:
Subd. 2. [EFFECT OF EXPIRED CONTRACT.] When auxiliary
forest contracts expire, or prior to expiration by mutual
agreement between the land owner and the appropriate county
office, the lands previously covered by an auxiliary forest
contract automatically qualify for inclusion under the
provisions of the Sustainable Forest Incentive Act; provided
that when such lands are included in the Sustainable Forest
Incentive Act prior to expiration of the auxiliary forest
contract they will be transferred and a tax paid as provided in
section 88.49, subdivision 5, upon application and inclusion in
the sustainable forest incentive program. The land owner shall
pay taxes in an amount equal to the difference between:
(1) the sum of:
(i) the amount which would have been paid from the date of
the filing recording of the contract had the land under contract
been subject to the Minnesota Tree Growth Tax Law; plus
(ii) beginning with taxes payable in 2003, the taxes that
would have been paid if the land had been enrolled in the
sustainable forest incentive program; and
(2) the amount actually paid under section 88.51,
subdivisions 1 and 2.
Sec. 19. Minnesota Statutes 2004, section 92.17, is
amended to read:
92.17 [EFFECT OF CERTIFICATE; RECORD.]
A certificate of sale entitles the holder to possession of
the land described in it, but the fee remains in the state until
a patent is issued. The certificates, assignments, and patents
may be filed for record recorded with the county recorder.
Sec. 20. Minnesota Statutes 2004, section 93.52,
subdivision 2, is amended to read:
Subd. 2. [VERIFIED STATEMENT FILING REQUIREMENT.] Except
as provided in subdivision 3, from and after January 1, 1970,
every owner of a fee simple interest in minerals, hereafter
referred to as a mineral interest, in lands in this state, which
interest is owned separately from the fee title to the surface
of the property upon or beneath which the mineral interest
exists, shall file for record in the office of the county
recorder office or, if registered property, in the office of the
registrar of titles office in the county where the mineral
interest is located a verified statement, in triplicate, citing
sections 93.52 to 93.58 and setting forth the owner's address,
interest in the minerals, and both (1) the legal description of
the property upon or beneath which the interest exists, and (2)
the book and page number or the document number, in the records
of the county recorder or registrar of titles, of the instrument
by which the mineral interest is created or acquired. No
statement may be filed for record recorded which contains
mineral interests from more than one government section unless
the instrument by which the mineral interest is created or
acquired includes mineral interests from more than one
government section. The county recorder and registrar of titles
shall file with the county auditor a copy of each document so
recorded within 60 days after recording in the office of county
recorder or registrar of titles.
Sec. 21. Minnesota Statutes 2004, section 93.55,
subdivision 1, is amended to read:
Subdivision 1. [FORFEITURE; FAILURE TO FILE RECORD.] If
the owner of a mineral interest fails to file record the
verified statement required by section 93.52, before January 1,
1975, as to any interests owned on or before December 31, 1973,
or within one year after acquiring such interests as to
interests acquired after December 31, 1973, and not
previously filed recorded under section 93.52, the mineral
interest shall forfeit to the state after notice and opportunity
for hearing as provided in this section. However, before
completing the procedures set forth in subdivision 2, the
commissioner of natural resources may lease the severed mineral
interest as provided in subdivisions 1a and 3.
Sec. 22. Minnesota Statutes 2004, section 93.55,
subdivision 1a, is amended to read:
Subd. 1a. [LEASE OF FORFEITED INTEREST.] If the owner of a
severed mineral interest fails to file record the verified
statement required by section 93.52 before the dates specified
in subdivision 1, the commissioner of natural resources may
lease the mineral interest as provided in this subdivision and
subdivision 3 before completing the procedures set forth in
subdivision 2. In any lease issued under this subdivision, the
commissioner shall cite, as authority for issuing the lease,
this subdivision, subdivision 3, and the United States Supreme
Court decision in Texaco, Inc., et al. v. Short, et al., 454
U.S. 516 (1982), where the Supreme Court determined, under
Amendment XIV to the Constitution of the United States, that
enactment of a state law requiring an owner of severed mineral
interests to timely file record a statement of claim to the
mineral interests was constitutional, without individual advance
notice of operation of the law, before the owner loses the
mineral interests for failing to timely file record the
statement of claim. A lessee holding a lease issued under this
subdivision may not mine under the lease until the commissioner
completes the procedures set forth in subdivision 2 and a court
has adjudged the forfeiture of the mineral interest to be
absolute. "Mine" for the purposes of this subdivision is
defined to exclude exploration activities, exploratory boring,
trenching, test pitting, test shafts and drifts, and related
activities.
Sec. 23. Minnesota Statutes 2004, section 93.55,
subdivision 2, is amended to read:
Subd. 2. [NOTICE AND HEARING.] The commissioner shall
notify the last owner of record on file in either the county
recorder's or registrar of titles' office of a hearing on an
order to show cause why the mineral interest should not forfeit
to the state absolutely. The notice shall be served in the same
manner as provided for the service of summons in a civil action
to determine adverse claims under chapter 559 and shall contain
the following: (1) the legal description of the property upon
or beneath which the interest exists; (2) a recitation that the
statement of severed mineral interest either did not comply with
the requirements specified by section 93.52 for such a statement
or was not filed recorded within the time specified in this
section, or both; and (3) that the court will be requested to
enter an order adjudging the forfeiture of the mineral interest
to be absolute in the absence of a showing that there was
substantial compliance with laws requiring the registration and
taxation of severed mineral interests. For the purposes of this
section, substantial compliance with laws requiring the
registration and taxation of severed mineral interests means:
(1) that the records in the office of the county recorder or
registrar of titles specified the true ownership of the severed
mineral interest during the time period within which the
statement of severed mineral interest should have
been registered recorded with the county recorder or the
registrar of titles, or that probate, divorce, bankruptcy,
mortgage foreclosure, or other proceedings affecting the title
had been timely initiated and diligently pursued by the true
owner during the time period within which the severed mineral
interest statement should have been registered recorded, and (2)
that all taxes relating to severed mineral interests had been
timely paid, including any taxes which would have been due and
owing under section 273.165, subdivision 1, had the interest
been properly filed for record recorded as required by section
93.52 within the time specified in this section. For the
purposes of this section, "timely paid" means paid within the
time period during which tax forfeiture would not have been
possible had a real property tax been assessed against the
property.
Sec. 24. Minnesota Statutes 2004, section 93.55,
subdivision 5, is amended to read:
Subd. 5. [APPLICABILITY.] The forfeiture provisions of
this section do not apply to mineral interests valued and taxed
under other laws relating to the taxation of minerals, gas,
coal, oil, or other similar interests, so long as a tax is
imposed and no forfeiture under the tax laws is complete.
However, if the mineral interest is valued under other tax laws,
but no tax is imposed, the mineral interest forfeits under this
section if not filed recorded as required by this section.
Sec. 25. Minnesota Statutes 2004, section 93.551, is
amended to read:
93.551 [VALIDATION OF CERTAIN STATEMENTS; CORRECTION OF
CERTAIN ERRORS.]
A statement of severed mineral interests which was filed
recorded within the time limits specified by section 93.55 is
validly and timely filed recorded even if the interest claimed
by the owner does not correctly set forth the whole or
fractional interest actually owned; the statement erroneously
contained interests from more than one government section; the
statement was not properly verified; or the interest, if
registered property, was erroneously filed recorded with the
county recorder, or, if the interest was not registered
property, was filed recorded with the registrar of titles. The
owner may file record an amendment or supplement to the original
statement for the purpose of correcting any or all of the errors
described in this section.
Sec. 26. Minnesota Statutes 2004, section 94.19, is
amended to read:
94.19 [CERTIFICATE OF ACCEPTANCE; RECORD.]
(a) The certificate of acceptance shall be executed in
duplicate and one filed in the Office of the Secretary of State
and the other filed for record recorded in the office of the
county recorder of the county in which the land is situated;
and, after being recorded, kept with the records of the
institution in connection with which the land is used.
Upon (b) After the certificates of acceptance being so are
filed and recorded under paragraph (a), the conveyance and
transfer of the rights, interests, and estates involved shall be
deemed complete.
Sec. 27. Minnesota Statutes 2004, section 103I.341,
subdivision 1, is amended to read:
Subdivision 1. [LIEN FOR SEALING COSTS.] The commissioner
and the Board of Water and Soil Resources have a governmental
services lien under section 514.67 for the costs of sealing a
well or boring that the commissioner or board has contracted to
be sealed under section 103I.315, subdivision 2; or 103I.335.
The lien attaches to the real property where the well or boring
is located. The lien is perfected by filing recording the lien
with the county recorder or registrar of titles where the well
or boring and the property are located and serving or mailing by
return receipt a copy of the lien to the property owner.
Sec. 28. Minnesota Statutes 2004, section 103I.341,
subdivision 4, is amended to read:
Subd. 4. [SATISFACTION OF LIEN.] The amount due and
interest of a lien under this section may be paid at any time.
When the amount of the lien including accrued interest is paid,
the commissioner or board must execute a satisfaction of the
lien and record the satisfaction with the county recorder or
registrar of titles where the lien was filed recorded.
Sec. 29. Minnesota Statutes 2004, section 117.065, is
amended to read:
117.065 [NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED
FILINGS RECORDINGS.]
At the time of filing the petition the petitioner shall
file for record a notice of the pendency of the proceeding,
describing with reasonable certainty the lands affected and for
what purpose they are to be taken. The notice shall be filed
recorded as follows:
(1) if the lands are registered lands, with the registrar
of titles;
(2) if the lands are nonregistered, with the county
recorder;
(3) if the lands are both registered and nonregistered,
with both the registrar and the county recorder.
If the proceeding be abandoned in whole or in part the
petitioner shall within ten days thereafter file record a notice
to that effect, describing with reasonable certainty the lands
so abandoned. The notice of abandonment shall be filed recorded
in the same places as the notice of the pendency of the
proceeding.
Sec. 30. Minnesota Statutes 2004, section 164.06,
subdivision 2, is amended to read:
Subd. 2. [EXTINGUISHING INTEREST IN ABANDONED ROAD.] (a)
After providing notice under section 366.01, subdivision 8, the
town board may by resolution disclaim and extinguish a town
interest in a town road without action under subdivision 1 if:
(1) the extinguishment is found by the town board to be in
the public interest;
(2) the interest is not a fee interest;
(3) the interest was established more than 25 years
earlier;
(4) the interest is not recorded or filed with the county
recorder;
(5) no road improvement has been constructed on a
right-of-way affected by the interest within the last 25 years;
and
(6) no road maintenance on a right-of-way affected by the
interest has occurred within the last 25 years.
(b) The resolution shall be filed and recorded with the
county auditor and recorded with the county recorder.
Sec. 31. Minnesota Statutes 2004, section 164.07,
subdivision 11, is amended to read:
Subd. 11. [ORDER.] The order establishing, altering or
vacating any road shall be recorded by the town clerk, and a
copy thereof certified as true and correct by the town clerk
shall be forthwith filed for record recorded with the county
recorder or registrar of titles of the county within which the
land and premises are located. The certified copy of the order
shall be first presented to the county auditor who shall enter
the same in the transfer records and note upon the certified
copy over the auditor's official signature, the words "entered
in the transfer record." The order or a certified copy shall be
received in all courts as competent evidence of the facts
therein contained and be prima facie evidence of the regularity
of the proceedings prior to the making thereof, except upon the
hearing of an appeal.
Sec. 32. Minnesota Statutes 2004, section 222.29, is
amended to read:
222.29 [CONTRACTOR'S BOND; LIABILITY OF COMPANY.]
Any railway contracting for the construction or repair of
its road shall take from the contractor a sufficient bond,
conditioned that the contractor will pay all laborers,
mechanics, and other persons performing any part of the work,
all just debts due them or incurred in carrying on such work,
which bond or a certified copy thereof shall be filed recorded
with the county recorder of each county where any part of the
work is done. All persons to whom such contractor shall be
indebted for any such work, and such railway company in case it
shall have paid any debt, claim, or demand as hereinafter
provided, may bring an action on such bond for the price of such
work or amount of such payment. If the contractor giving the
bond shall fail to pay any indebtedness for such work or
services; or, if any railway company shall fail to take and file
such bond, such company shall be liable for the amount of all
such debts incurred by such contractor under or pursuant to such
contract. Such laborers, mechanics, or other persons shall give
the notice and take the action prescribed in section 222.30.
Sec. 33. Minnesota Statutes 2004, section 238.25,
subdivision 10, is amended to read:
Subd. 10. [FINAL CERTIFICATE.] Upon completion of the
proceedings, the attorney for the person operating the cable
communications system shall make a certificate describing the
access acquired and the purpose or purposes for which acquired,
and reciting the fact of final payment of all awards or
judgments in relation thereto. The certificate must be filed
with the court administrator and a certified copy thereof filed
for record recorded with the county recorder. The record is
notice to all parties of the access to the premises described in
the petition.
Sec. 34. Minnesota Statutes 2004, section 273.165,
subdivision 1, is amended to read:
Subdivision 1. [MINERAL INTEREST.] "Mineral interest," for
the purpose of this subdivision, means an interest in any
minerals, including but not limited to gas, coal, oil, or other
similar interest in real estate, which is owned separately and
apart from the fee title to the surface of such real property.
Mineral interests which are filed for record recorded in the
offices office of either the county recorder or registrar of
titles, whether or not filed pursuant to sections 93.52 to
93.58, are taxed as provided in this subdivision unless
specifically excluded by this subdivision. A tax of 40 cents
per acre or portion of an acre of mineral interest is imposed
and is payable annually. If an interest is a fractional
undivided interest in an area, the tax due on the interest per
acre or portion of an acre is equal to the product obtained by
multiplying the fractional interest times 40 cents, computed to
the nearest cent. However, the minimum annual tax on any
mineral interest is $3.20. No such tax on mineral interests is
imposed on the following: (1) mineral interests valued and
taxed under other laws relating to the taxation of minerals,
gas, coal, oil, or other similar interests; or (2) mineral
interests which are exempt from taxation pursuant to
constitutional or related statutory provisions. Taxes received
under this subdivision must be apportioned to the taxing
districts included in the area taxed in the same proportion as
the surface interest local tax rate of a taxing district bears
to the total local tax rate applicable to surface interests in
the area taxed. The tax imposed by this subdivision is not
included within any limitations as to rate or amount of taxes
which may be imposed in an area to which the tax imposed by this
subdivision applies. The tax imposed by this subdivision does
not cause the amount of other taxes levied or to be levied in
the area, which are subject to any such limitation, to be
reduced in any amount. Twenty percent of the revenues received
from the tax imposed by this subdivision must be distributed
under the provisions of section 116J.64.
Sec. 35. Minnesota Statutes 2004, section 281.322, is
amended to read:
281.322 [FAILURE TO SERVE NOTICES TO EXTINGUISH LIEN.]
No notice of expiration of the time of redemption upon any
real estate tax judgment sale certificate, forfeited tax sale
certificate, or state assignment certificate issued pursuant to
any law of this state at or pursuant to any such sale held
between January 1, 1936, and April 24, 1941, or held thereafter,
shall be issued or served after the expiration of six years from
the date of the certificate, nor shall such certificate be
recorded in the office of the county recorder or filed in the
office of the registrar of titles of the proper county after the
expiration of seven years from the date of the certificate.
Sec. 36. Minnesota Statutes 2004, section 281.328,
subdivision 1, is amended to read:
Subdivision 1. [VALIDATION OF CERTIFICATES.] Any state
assignment certificate duly issued prior to January 1, 1972, for
which the time for redemption expired as certified by the county
auditor of the county issuing the certificate, and the person to
whom the certificate was issued, or the person's heirs and
assigns, paid the taxes on the real property described in the
certificate since the date thereof, is hereby validated and
legalized as against the objection that such certificate was not
recorded or filed in the office of the county recorder or
registrar of titles within seven years from the date of the
certificate, as provided by this chapter. Any such state
assignment certificate may, after April 6, 1979, be recorded or
filed in the office of the proper county recorder or registrar
of titles.
Sec. 37. Minnesota Statutes 2004, section 284.07, is
amended to read:
284.07 [COUNTY AUDITOR'S CERTIFICATE TO BE PRIMA FACIE
EVIDENCE.]
The county auditor's certificate of forfeiture filed as
provided by section 281.23, subdivision 9, and acts supplemental
thereto, or by any other law hereafter enacted providing for the
filing and recording of such a certificate or a certified copy
of such certificate or of the record thereof, shall, for all
purposes, be prima facie evidence that all requirements of the
law respecting the taxation and forfeiture of the lands therein
described were complied with, and that at the date of the
certificate absolute title to such lands had vested in the state
by reason of forfeiture for delinquent taxes, as set forth in
the certificate.
Sec. 38. Minnesota Statutes 2004, section 284.08, is
amended to read:
284.08 [ACTIONS TO TRY TITLE; VENUE; LIS PENDENS; SERVICE.]
Any person claiming adversely to the state, or its
successor in interest, any right, title, or interest in or lien
upon any land claimed to have been forfeited to the state for
taxes may maintain an action against the state, or its successor
in interest, for the purpose of determining the title to such
land and the adverse claims and the rights of the parties,
respectively, therein. Such action shall be brought in the
district court of the county in which the land lies. The
complaint shall be filed in the office of the court
administrator before the commencement of the action. A notice
of the pendency of the action, describing the land, shall be
filed for record recorded in the office of the county recorder
of the county, or, in the case of registered land, shall be
filed with in the office of the registrar of titles, and the
action shall not be deemed to be commenced unless, in addition
to other requirements, such notice is so filed. In the case of
such lands held by the state in trust for its taxing districts
and agencies, the summons, together with a copy of the
complaint, shall be served upon the county auditor, also upon
the county attorney, who shall defend the action. In the case
of such lands otherwise held by the state the summons, together
with a copy of the complaint, shall be served upon the attorney
general, who shall defend the action.
Sec. 39. Minnesota Statutes 2004, section 284.11, is
amended to read:
284.11 [STATE MAY BRING ACTION TO QUIET TITLE.]
The title of the state, or its successor in interest, to
any lands claimed to have been absolutely forfeited to the state
for delinquent taxes may be quieted and all adverse claims
thereto and the rights of all parties therein, respectively, may
be determined, and, in the case of registered lands, the
issuance of new certificates of title thereto may be obtained,
by action brought by the state, or its successor in interest, as
herein provided; provided, that before any such action shall be
commenced the county auditor's certificate of forfeiture shall
be filed as provided by section 281.23, subdivision 8, and acts
supplementary thereto, or by any other law hereafter enacted
providing for the filing and recording of such a certificate.
Sec. 40. Minnesota Statutes 2004, section 284.18, is
amended to read:
284.18 [REGISTERED LANDS; FILING RECORDING WITH REGISTRAR.]
In case any of the lands involved in the action are
registered, a copy of the summons, embracing a description of
the registered lands but omitting the unregistered lands, shall
be filed recorded with the registrar of titles, and such further
notice shall be given as the court may direct before the
issuance of any new certificate of title shall be ordered;
provided, that failure to file record such copy of the summons
or to give such other notice shall not otherwise affect the
validity of the proceedings.
Sec. 41. Minnesota Statutes 2004, section 306.02,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE AND METHOD OF FORMATION.] A
corporation or association may: (1) be formed to procure and
hold or sell lands or lots exclusively for the purpose of a
public cemetery; (2) acquire and manage all real and personal
property necessary or proper to establish, embellish, care for,
and manage a cemetery, and may construct and operate on that
property a crematory and other proper means of disposing of the
dead; and (3) sell and convey cemetery lots or sell and convey
real or personal property acquired by it but not needed for
cemetery purposes. The corporation or association may be formed
by three or more persons, who shall execute and verify the
certificate or articles of incorporation as required in the
matter of the formation of other corporations. The certificate
of incorporation shall be filed for record recorded in the
office of the county recorder of the county where the cemetery
is located and upon filing, the association is a corporation.
Sec. 42. Minnesota Statutes 2004, section 306.24, is
amended to read:
306.24 [FILING RECORDING OF JUDGMENT.]
A certified copy of the judgment in an action to quiet
title under section 306.22 may be filed recorded in the office
of the county recorder in the county in which the parcel is
located.
Sec. 43. Minnesota Statutes 2004, section 307.06, is
amended to read:
307.06 [TRANSFER TO ASSOCIATION; HOW EFFECTED.]
Any private cemetery established, platted, and recorded
under the laws of this state may consolidate with and transfer
its property, for cemetery purposes only, to any cemetery
association or corporation organized under the laws of this
state which is contiguous to, or adjacent to, such cemetery
corporation.
To so consolidate and transfer its property it shall be
necessary:
(1) that a resolution be passed by a two-thirds vote of the
lot owners and members of such private cemetery, represented,
present, and voting at a special meeting called for that
purpose, which resolution shall recite what cemetery corporation
or association it is proposed to consolidate with and transfer
its property to, and the terms and conditions thereof; and 30
days' notice of such meeting shall be previously given by mail
to each lot owner of such private cemetery whose address can be
determined using reasonable diligence of the time and place when
such meeting is to be held, reciting the purpose thereof, which
notice shall be signed by at least five lot owners; and
(2) that the resolution shall be signed and acknowledged by
the presiding officer and secretary of such meeting and shall be
filed recorded with the county recorder of the county in which
the private cemetery is situated.
Sec. 44. Minnesota Statutes 2004, section 307.07, is
amended to read:
307.07 [EFFECT OF TRANSFER.]
When such resolution shall have been passed and certified
to by the presiding officer and secretary of such meeting and
filed for record recorded in the office of the county recorder,
as aforesaid, and the terms and conditions of consolidation
shall have been accepted by the board of directors or trustees
of such cemetery corporation, such private cemetery shall become
a part of such cemetery corporation or association, and subject
thereafter to all the rules and regulations and laws governing
such cemetery corporation or association. It shall be lawful
for the owners of such private cemetery to transfer and convey
to such cemetery corporation or association all unsold lots in
such private cemetery to such cemetery corporation or
association to be used for burial purposes only, and any such
conveyance heretofore made is hereby legalized and such cemetery
corporation or association shall hold in trust, to and for the
uses and purposes aforesaid, all streets, alleys, ways, and
commons, and the other public uses, in such private cemetery in
lieu of the owner thereof.
Sec. 45. Minnesota Statutes 2004, section 315.01,
subdivision 3, is amended to read:
Subd. 3. [APPOINTMENT.] When the constitution, rules, or
usages of a church, denomination, congregation, or religious
society require that trustees be chosen by a minister, presiding
elder, or other officers, or by a body, the person who chose the
trustees, or the presiding officer and secretary of the body
shall execute, acknowledge, and deliver to the trustees a
certificate, stating the names of the trustees, the time when
and the person or body by which they were chosen, and their
corporate name. When the certificate is filed for record
recorded as required by law, the trustees and their successors
become a corporate body under the name specified in the
certificate, and have the rights, powers, and privileges of
other religious corporations organized under this chapter.
Sec. 46. Minnesota Statutes 2004, section 315.01,
subdivision 4, is amended to read:
Subd. 4. [DESIGNATION.] When the constitution, rules, and
usages of a church or religious denomination declare that the
ministers, elders, deacons, or other officers elected by a
church or congregation according to the constitution, rules, or
usages, are the trustees of the church or congregation, those
designated persons may assemble and execute and acknowledge a
certificate stating their corporate name. When this certificate
is filed recorded with the county recorder of the proper county,
they and their successors are a corporate body under the name in
the certificate.
Sec. 47. Minnesota Statutes 2004, section 315.17,
subdivision 3, is amended to read:
Subd. 3. [FILING RECORDING CERTIFICATE; POWERS.] Upon
signing, acknowledging, and filing recording the certificate for
record with the county recorder of the county of its location,
the parish becomes a corporation by the name specified in its
certificate. Through its officers, it may transact parish
business, including calling a rector and determining the
rector's salary. 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 property for
the use and benefit of the parish if the use does not contravene
the laws and usages of the Protestant Episcopal church of the
state. It may not divert a gift, grant, or bequest from the
purpose specified in writing by the donor, or devisor. It may
not sell, convey, or mortgage its church or church site 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.
Sec. 48. Minnesota Statutes 2004, section 315.19, is
amended to read:
315.19 [ARTICLES AMENDED.]
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 change and fix the time of its
annual parish meeting. 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 its annual parish meeting. It
must put the resolution in a certificate executed by its rector
or other presiding officer and by its clerk and file record the
certificate for record with the county recorder of the county of
its location.
Sec. 49. Minnesota Statutes 2004, section 315.20,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATE, BY WHOM SIGNED.] The certificate
must be signed and acknowledged by the bishop of the diocese and
by a majority of the members of the chapter, and filed for
record recorded with the county recorder of the county where the
cathedral is located.
Sec. 50. Minnesota Statutes 2004, section 315.20,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATE FILED; POWERS.] Upon the signing,
acknowledging, and filing recording of the certificate for
record with the county recorder of the county of its location,
the cathedral becomes a corporation under the name in its
certificate. Through its chapter, it may transact the business
of the cathedral. 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 property for
the use and benefit of the cathedral if the use does not
contravene the laws and usages of the Protestant Episcopal
church in the United States of America of this state. It may
not divert any gift, grant, or bequest from the purpose
specified in writing by the donor or devisor. 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.
Sec. 51. Minnesota Statutes 2004, section 315.32, is
amended to read:
315.32 [TRUSTEES, POWERS; CERTIFICATE, RECORDING.]
The board of trustees or other governing body of a
religious organization under section 315.21 may, by unanimous
vote of its members, alter or amend the articles of
incorporation under section 315.31, when authorized by
resolution so to do at a special meeting of the religious
organization. The meeting must be called for that expressly
stated purpose, and a majority of the members of the religious
organization must be present. The resolution must be passed by
vote of a majority of the members present and voting. The board
of trustees or other governing body shall record the resolution
in a certificate executed and acknowledged by its president and
secretary, or by its other presiding and recording officers,
under the corporate seal of the religious organization. The
certificate is presumptive evidence of the facts stated in it.
The certificate must be filed for record recorded with the
county recorder of the county where the religious organization
is located. The amendment is effective on filing.
Sec. 52. Minnesota Statutes 2004, section 315.365,
subdivision 2, is amended to read:
Subd. 2. [HOW MERGER EFFECTED.] To accomplish the merger
and consolidation, the property corporations must execute an
agreement containing:
(1) the names of the property corporations who are parties
to it;
(2) the name and location of the principal office of the
surviving corporation with which the property corporations are
to be merged and consolidated;
(3) the persons who constitute the governing board of the
surviving corporation until their successors are elected and
qualified;
(4) the general purposes of the surviving corporation and
the general description of the area to be served by it;
(5) the date of adoption of the authorization for the
merger and consolidation by the meeting of the united, reunited,
merged, or consolidated religious body to which the merging or
consolidating property corporations pertain; and
(6) other provisions appropriate for the certificate of
incorporation of property corporations of this character formed
under Minnesota law.
The agreement must be executed by the corporate officers of
each property corporation that is party to it and must be
accompanied by the certificate of the secretary or other
recording officer of the new religious body. 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, a resolution authorizing the merger
and consolidation. The agreement must also be accompanied by a
certificate of the secretary or other recording officer of each
of the property corporations, certifying that the members and
governing body of each property corporation have adopted
resolutions directing the execution of the agreement.
The agreement, when executed and certified, must be filed
for record with the county recorder of the county where the
surviving corporation's principal place of business is to
locate. It must also be filed for record recorded with the
county recorder of each other county of this state where the
principal place of business of any of the property corporations
was located according to the property corporation's certificate
of incorporation.
The merger and consolidation takes effect when the
agreement and certificates are filed for record with the county
recorder.
Sec. 53. Minnesota Statutes 2004, section 315.44, is
amended to read:
315.44 [YMCA, YWCA; FORMATION, CERTIFICATE.]
Three or more persons may form a corporation known as a
Young Men's Christian Association or a Young Women'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 annual meetings; and
(5) the terms of admission to active membership.
The certificate must be filed recorded with the county
recorder of the county of its principal place of business.
Sec. 54. Minnesota Statutes 2004, section 316.09, is
amended to read:
316.09 [CERTIFIED COPY OF ORDER FILED.]
A certified copy of the order or judgment of dissolution
shall be filed for record with the secretary of state and
thereafter recorded with the county recorder of the county of
the principal place of business of the corporation, and the
dissolution of the corporation shall not be deemed complete
until such copy is so filed for record and recorded.
Sec. 55. Minnesota Statutes 2004, section 317A.021,
subdivision 4, is amended to read:
Subd. 4. [METHOD OF ELECTION.] An election by a
corporation to become governed by this chapter must be made by
resolution approved by the affirmative vote of the members with
voting rights of the same proportion that is required for
amendment of the articles of the corporation before the
election. If there are no members with voting rights, the
corporation must elect to be governed by this chapter by a
resolution adopted by a majority vote of the directors entitled
to vote at a meeting of the board, with proper notice given.
The notice must include a statement that a purpose of the
meeting is to consider an election to become governed by this
chapter. The resolution, articles of amendment, if required,
and a certified copy of corporate documents previously filed
recorded with the county recorder that would be filed with the
secretary of state under this chapter, must be filed with the
secretary of state and are effective upon filing. If an
amendment of the articles is not required, the resolution must
state that the articles of the corporation conform to the
requirements of this chapter.
Sec. 56. Minnesota Statutes 2004, section 317A.051,
subdivision 2, is amended to read:
Subd. 2. [RELIGIOUS CORPORATIONS.] This chapter does not
apply to a religious corporation authorized by chapter 315
unless it is formed under this chapter or elects to be governed
by this chapter as provided in section 317A.021. Regardless of
whether it is formed or elects to be governed by this chapter, a
religious corporation may elect to be governed by sections
317A.601 to 317A.671 without electing to come under the entire
chapter. If a religious corporation elects to be governed by
sections 317A.601 to 317A.671, it shall file record its
documents with the county recorder of the county where its
registered office is located instead of the secretary of state.
Sec. 57. Minnesota Statutes 2004, section 318.02,
subdivision 3, is amended to read:
Subd. 3. [POWERS.] Any such association heretofore or
hereafter organized shall have the power in its name:
(1) To continue as a business trust for the time limited in
its "declaration of trust" or in any amendments, or if no time
limit is specified, then perpetually;
(2) To sue and be sued;
(3) To adopt, use, and, at will, alter a business trust
seal, but failure to affix the business trust seal, if any,
shall not affect the validity of any instrument;
(4) To conduct in this state and elsewhere the business to
be engaged in by such association and to contract and enter into
obligations and do any acts necessary and incidental to the
transaction of its business or expedient for the attainment of
the purposes stated in its "declaration of trust" or in any
amendments;
(5) To acquire including by will or gift, purchase, sell,
contract for, hold, lease, mortgage, encumber, convey, transfer,
or otherwise deal in and dispose of real and personal property
within or without the state by and through its officers, agents
or trustees in the manner provided in its "declaration of trust"
or in any amendments. All deeds, contracts, mortgages and other
legal instruments heretofore or hereafter acquired by or
executed by any such association, and whether or not recorded in
the office of the county recorder or filed in the office of the
registrar of titles, shall have the same force and effect as a
like instrument would have if executed, or recorded or filed in
said offices, as in the case of corporations.
Sec. 58. Minnesota Statutes 2004, section 322.02, is
amended to read:
322.02 [FORMATION.]
Two or more persons desiring to form a limited partnership
shall:
(1) Sign and acknowledge or swear to a certificate, which
shall state:
(a) the name of the partnership;
(b) the character of the business;
(c) the location of the principal place of business;
(d) the name and place of residence of each member; general
and limited partners being, respectively designated;
(e) the term for which the partnership is to exist;
(f) the amount of cash and a description of and the agreed
value of the other property contributed by each limited partner;
(g) the additional contributions, if any, agreed to be made
by each limited partner and the times at which or events on the
happening of which they shall be made;
(h) the time, if agreed upon, when the contribution of each
limited partner is to be returned;
(i) the share of the profits or the other compensation by
way of income which each limited partner shall receive by reason
of that partner's contribution;
(j) the right, if given, of a limited partner to substitute
an assignee as contributor in that partner's place, and the
terms and conditions of the substitution;
(k) the right, if given, of the partners to admit
additional limited partners;
(l) the right, if given, of one or more of the limited
partners to priority over other limited partners, as to
contributions or as to compensation by the way of income, and
the nature of such priority;
(m) the right, if given, of the remaining general partner
or partners to continue the business on the death, retirement,
or insanity of a general partner; and
(n) the right, if given, of a limited partner to demand and
receive property other than cash in return for that partner's
contribution; and
(2) File for Record the certificate in the office of the
county recorder of the county where the principal place of
business is situated.
A limited partnership is formed if there has been
substantial compliance in good faith with the requirements of
this section.
Sec. 59. Minnesota Statutes 2004, section 322.25,
subdivision 4, is amended to read:
Subd. 4. [DECREE OF COURT.] If the court finds that the
petitioner has a right to have the writing executed by a person
who refuses to do so, it shall order the county recorder in the
office where the certificate is recorded to record the
cancellation or amendment of the certificate; and where the
certificate is to be amended, the court shall also cause to be
filed for record recorded in that office a certified copy of its
decree setting forth the amendment.
Sec. 60. Minnesota Statutes 2004, section 322A.86, is
amended to read:
322A.86 [RELATIONSHIP TO SECTIONS 322.01 TO 322.31.]
A domestic limited partnership existing on January 1, 1981,
shall be governed by sections 322.01 to 322.31 unless (1) the
limited partnership elects to come under the provisions of
sections 322A.01 to 322A.85, and the certificate of limited
partnership is amended to reflect the intention, the election
and a certified copy of all previously filed limited partnership
documents is filed with the secretary of state, and the election
is filed recorded with the county recorder; and (2) to so elect
is not prohibited by the terms of the certificate of limited
partnership in effect prior to January 1, 1981. A domestic
limited partnership formed after December 31, 1980 shall be
governed by sections 322A.01 to 322A.85.
Sec. 61. Minnesota Statutes 2004, section 327A.04,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTION.] If a major construction defect is
discovered prior to the sale of a dwelling, the statutory
warranty set forth in section 327A.02, subdivision 1, clause (c)
may be waived for the defect identified in the waiver
instrument, after full oral disclosure of the specific defect,
by an instrument which sets forth in detail: the specific
defect; the difference between the value of the dwelling without
the defect and the value of the dwelling with the defect, as
determined and attested to by an independent appraiser,
contractor, insurance adjuster, engineer or any other similarly
knowledgeable person selected by the vendee; the price
reduction; the date the construction was completed; the legal
description of the dwelling; the consent of the vendee to the
waiver; and the signatures of the vendee, the vendor, and two
witnesses.
A single waiver agreed to pursuant to this subdivision may
not apply to more than one major construction defect in a
dwelling.
The waiver shall not be effective unless filed for
recording recorded with the county recorder or registrar of
titles who shall file the waiver for record.
Sec. 62. Minnesota Statutes 2004, section 327C.095,
subdivision 8, is amended to read:
Subd. 8. [REQUIRED FILING OF NOTICE.] Subdivisions 6 and 7
apply to manufactured home parks upon which notice has
been filed recorded with the county recorder or registrar of
titles in the county where the manufactured home park is
located. Any person may file the notice required under this
subdivision with the county recorder or registrar of titles.
The notice must be in the following form:
"MANUFACTURED HOME PARK NOTICE
THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK
.......................................
PARK OWNER
.......................................
.......................................
.......................................
LEGAL DESCRIPTION OF PARK
.......................................
COOPERATIVE ASSOCIATION (IF APPLICABLE)"
Sec. 63. Minnesota Statutes 2004, section 327C.095,
subdivision 11, is amended to read:
Subd. 11. [AFFIDAVIT OF COMPLIANCE.] After a park is sold,
a park owner or other person with personal knowledge may
file record an affidavit with the county recorder or registrar
of titles in the county in which the park is located certifying
compliance with subdivision 6 or 7 or that subdivisions 6 and 7
are not applicable. The affidavit may be used as proof of the
facts stated in the affidavit. A person acquiring an interest
in a park or a title insurance company or attorney who prepares,
furnishes, or examines evidence of title may rely on the truth
and accuracy of statements made in the affidavit and is not
required to inquire further as to the park owner's compliance
with subdivisions 6 and 7. When an affidavit is filed recorded,
the right to purchase provided under subdivisions 6 and 7
terminate, and if registered property, the registrar of titles
shall delete the memorials of the notice and affidavit from
future certificates of title.
Sec. 64. Minnesota Statutes 2004, section 344.06, is
amended to read:
344.06 [CONTROVERSY; DECISION BY FENCE VIEWERS.]
If a controversy arises concerning the rights in partition
fences of the respective occupants or their obligation to
maintain the fences, either party may apply to the fence
viewers, who, after due notice to the parties, may assign to
each a share in the fence and direct the time within which the
fence must be erected or repaired. The assignment may be filed
for record recorded with the county recorder after which it is
binding upon the parties and upon all succeeding occupants of
the lands.
Sec. 65. Minnesota Statutes 2004, section 344.08, is
amended to read:
344.08 [RECORDED DIVISION; BINDING ON HEIRS AND ASSIGNS.]
All divisions of fences which are made by fence viewers
under this chapter, or which are made by owners of adjoining
lands, in writing, witnessed by two witnesses, signed and
acknowledged by the parties, and filed for record recorded with
the county recorder, are valid against the parties to the
divisions and their heirs and assigns.
Sec. 66. Minnesota Statutes 2004, section 375.14, is
amended to read:
375.14 [OFFICES AND SUPPLIES FURNISHED FOR COUNTY
OFFICERS.]
The county board shall provide offices at the county seat
for the auditor, treasurer, county recorder, sheriff, court
administrator of the district court, and an office for the
county engineer at a site determined by the county board, with
suitable furniture and safes and vaults for the security and
preservation of the books and papers of the offices, and provide
heating, lighting, and maintenance of the offices. The board
shall furnish all county officers with all books, stationery,
letterheads, envelopes, postage, telephone service, office
equipment, electronic technology, and supplies necessary to the
discharge of their respective duties and make like provision for
the judges of the district court as necessary to the discharge
of their duties within the county or concerning matters arising
in it. The board is not required to furnish any county officer
with professional or technical books or instruments except when
the board deems them directly necessary to the discharge of
official duties as part of the permanent equipment of the office.
Sec. 67. Minnesota Statutes 2004, section 381.12,
subdivision 1, is amended to read:
Subdivision 1. [SURVEYOR, EMPLOYMENT.] When the county
board determines that the monuments established by the United
States in the public lands survey to mark section, quarter
section, and meander corners have been destroyed or are becoming
obscure, it may employ a licensed surveyor to preserve, restore
and mark the corners with a durable magnetic monument. The
surveyor shall make full and accurate notes and records from
which the entire survey can be relocated, and shall file a
certified copy of the same, with a filed plat, in the office of
the county recorder or the office of the county surveyor if an
office is maintained in a building maintained by the county for
county purposes on a full-time basis. The monuments are prima
facie evidence of the original United States public land survey
corners.
Sec. 68. Minnesota Statutes 2004, section 382.08, is
amended to read:
382.08 [RECORDING FEES PAID BY COUNTY.]
The fees for filing and recording official bonds, oaths of
office, certificates, or other evidences of election or
qualification for office, required by law to be filed or
recorded with the county recorder or court administrator of the
district court, shall be paid by the county.
Sec. 69. Minnesota Statutes 2004, section 382.10, is
amended to read:
382.10 [BONDS RECORDED.]
Official bonds of county officers when approved by the
county board, and their oaths of office and the bonds and oaths
of their deputies, except county recorder, shall be filed and
recorded in the office of the county recorder.
Sec. 70. Minnesota Statutes 2004, section 384.02, is
amended to read:
384.02 [BOND.]
Each county auditor, before entering upon the duties of
office, shall give a bond to the state to be approved by the
county board in such penal sum not less than $5,000 nor more
than $20,000 as such board requires, conditioned for the
faithful discharge of the duties of office, upon which shall be
endorsed an oath of office. The bond so endorsed shall be filed
and recorded in the office of the county recorder.
Sec. 71. Minnesota Statutes 2004, section 384.08, is
amended to read:
384.08 [DEPUTIES.]
Any county auditor may by certificate in writing appoint
deputies who, before entering upon their duties, shall file
record with the county recorder such certificates, with their
oaths of office endorsed thereon. Such deputies may sign all
papers and do all other things which county auditors may do.
Auditors shall require bonds of their deputies in such amount
and with such sureties as they deem proper, shall be responsible
for their acts, and may revoke their appointment at pleasure.
Sec. 72. Minnesota Statutes 2004, section 385.02,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT OF DEPUTIES.] County
treasurers may by certificate in writing appoint one or more
deputies, who, before entering upon their duties, shall file
record with the county recorder such certificates, with their
oaths of office endorsed thereon. Such deputies may sign all
papers and do all other things which county treasurers may
themselves do. County treasurers are responsible for the acts
of their deputies and may revoke their appointments at pleasure.
Sec. 73. Minnesota Statutes 2004, section 386.03, is
amended to read:
386.03 [RECEPTION BOOKS INDEX.]
Every county recorder shall keep two books an index, to be
denominated, respectively, the as a grantor's and grantee's
reception book index, each page of which shall be divided into
seven columns, in the following forms: which shall contain the
following information: date of reception, year, month, day,
hour and minute, grantor and grantee, where situated, to whom
delivered after recording, fees received, instrument number, and
kind of instrument.
Date of To Whom Book
Reception, Where Delivered Fees and
Year, Grantor Grantee Situated after Received Page
Day, Record Record-
Hour ed and
and Minute Kind of
Instru-
ment
Date of To Whom Book
Reception, Where Delivered Fees and
Year, Grantee Grantor Situated after Received Page
Day, Record Record-
Hour ed and
and Minute Kind of
Instru-
ment
The recorder shall enter in each book the index, in the
order and manner aforesaid, as soon as the same are received,
all deeds and other instruments left, and all copies left, as
cautions or notices of liens, authorized by law to be recorded.
The pages of each of The reception books index shall be lettered
maintained in alphabetical order, a convenient number of
consecutive pages being allotted to each letter of the alphabet,
and every entry made therein shall be made in the grantor's
reception book index under the initial letter of the grantor's
surname, and in the grantee's reception book under the grantee's
surname, and all such entries shall appear therein consecutively
and in the order as to time in which the instruments were
received. The recorder shall make an entry in the record
immediately after the copy of for each instrument recorded
specifying the time of the day, month, and year when the same
was recorded.
Sec. 74. Minnesota Statutes 2004, section 386.04, is
amended to read:
386.04 [NUMERICAL REGISTER AND RECEPTION BOOK INDEX.]
The board of county commissioners of any county in this
state wherein the recorder's office keeps a deed index and
mortgage index are hereby authorized to combine the reception
books index required by section 386.03 and the consecutive index
book required by section 386.32, the record book to be
designated the Numerical Register and Reception Book
Indexes, each page of which shall be divided into nine columns
in the following form: or designated the Numerical Register and
Reception Indexes for use with electronic media. The record
shall include the date of reception; number of instrument;
grantor; grantee; where the land is situated; the month, day,
year, and hour and whether a.m. or p.m.; to whom it will be
delivered; where it is recorded; kind of instrument; and fees
received.
NUMERICAL REGISTER AND RECEPTION BOOK...COUNTY, MINNESOTA
Date of
Reception
No. of
Instrument Grantor Grantee Where Situated Section
Year Township
Mo. Range
Day
A.M.
P.M.
To Whom Where Kind of Fees
Delivered Recorded Instrument Received
After Book
Reception Page
The recorder shall make the entries in this book or index
in accordance with the requirements of sections 386.03 and
386.32 either by manual or electronic means.
Sec. 75. Minnesota Statutes 2004, section 386.05, is
amended to read:
386.05 [TRACT INDEX BOOKS.]
Every county board may shall procure at the expense of its
county, and keep in the office of the county recorder, suitable
books, substantially bound, arranged in numerical order, and so
ruled that opposite to or electronic media so as to allow
information to be arranged or retrieved by the description of
each section of land or sectional lot, and town or city lot and
block, shall be a blank space, of a convenient size, in which
shall be entered the letters or numericals indicating the volume
of the records referred to, designating deeds by the letter "D,"
and mortgages by the letter "M," or by using red ink for
mortgages and black ink for deeds, and other records by
appropriate initials or abbreviations, together with the page of
the volume upon which arranged in numerical order, give
appropriate initial or abbreviation for the type of instrument,
and recite the book and page or the recorded document number by
which every record affecting the title to the whole or any part
thereof may be found. Such tract index shall be kept as one of
the records in the office of the county recorder, and such
recorder shall note therein a like the date, time, and minute of
every instrument affecting the title to any land which shall be
filed for record, to be made opposite to each parcel of land the
title to which may be affected by such instrument. Instead of
causing a tract index to be made, the board may purchase any
existing tract index or abstracts; and thereafter the recorder
shall make the appropriate entries therein. In either such case
, the recorder may make abstracts, for persons demanding the
same.
Sec. 76. Minnesota Statutes 2004, section 386.13, is
amended to read:
386.13 [TRANSCRIBING RECORDS OF STATE LANDS.]
The county commissioners of any county in this state are
hereby authorized to direct the county recorder of any county
containing any lands heretofore granted to the state from the
United States government (except sections 16 and 36), and
including all lands so granted in lieu of lands in sections 16
or 36, to transcribe from the records of the commissioner of
finance lists of all such lands including reference to the laws
granting the same and by all patents issued thereunder to the
state, which transcripts after due examination thereof shall be
certified to without charge by the commissioner of finance as
being true and correct transcripts, and thereupon such
transcripts, shall be recorded by the county recorder in whose
county such land is situate, which recording shall be done in
books to be as provided therefor by the county. Such county
recorder shall receive the same fees allowed by law for
recording original instruments in the office, which fees shall
be paid by the county auditor upon the approval of the county
commissioners of said county.
Sec. 77. Minnesota Statutes 2004, section 386.16, is
amended to read:
386.16 [COUNTY RECORDER TO SUPERVISE; COMPENSATION.]
The work provided for in section 386.15 shall be performed
by the county recorder of the county. The county recorder, for
performing the work, shall receive as compensation therefor such
sum as may be fixed by the board of county commissioners not
exceeding two cents for each description so transcribed,
compared with the original records, and checked back.
Sec. 78. Minnesota Statutes 2004, section 386.19, is
amended to read:
386.19 [RECORD BOOKS, INDEXES.]
The county recorder shall keep suitable word for word
records of all instruments left with the recorder for record
keeping. The recorder shall keep an alphabetical index either
by manual or electronic means, to record, under the proper
letter of the alphabet, the name of each grantor and grantee of
any instrument left for record.
Sec. 79. Minnesota Statutes 2004, section 386.20,
subdivision 1, is amended to read:
Subdivision 1. [RECORDATION.] (a) Certificates of
discharge from the United States Army, the United States Navy,
and the United States Marine Corps and releases or transfers
from active duty therein may be recorded in the office of the
county recorder of any county in this state by the person to
whom such discharge, release or transfer was issued without the
payment of any fee to the county recorder for recording the
same. Upon the request of the person having such instrument
recorded, the county recorder shall not stamp, mark, or make any
endorsement upon any such certificate of discharge, release or
transfer, but after the recording thereof has been completed the
recorder shall return the certificate of discharge, release, or
transfer in the condition received.
(b) In any county where the compensation of the county
recorder consists of fees only, the county recorder shall be
entitled to a fee of 60 cents for recording such instrument,
which shall be paid by the county upon presentation of a
verified claim by the county recorder.
(c) The release of any information pertaining to military
certificates of discharge is governed by section 196.08.
Sec. 80. Minnesota Statutes 2004, section 386.20,
subdivision 3, is amended to read:
Subd. 3. [RECORD BOOKS.] The county recorder of any county
is hereby authorized and empowered to procure at the expense of
the county proper record books or electronic media for recording
such certificates of discharge with sufficient indexes thereto.
Sec. 81. Minnesota Statutes 2004, section 386.23,
subdivision 1, is amended to read:
Subdivision 1. [MUST BE TRANSCRIBED.] The county recorder
in any county is hereby authorized and directed to transcribe,
in appropriate records or electronic media to be provided for
such purpose, all certificates now on file in the recorder's
office, which were filed prior to May 10, 1862, made by sheriffs
upon sales of real estate on mortgage foreclosures, judgments,
and executions.
Sec. 82. Minnesota Statutes 2004, section 386.23,
subdivision 2, is amended to read:
Subd. 2. [COMPENSATION.] The county recorder shall receive
as compensation therefor the sum of $1.75 for transcribing each
of such certificates, and 25 cents each for comparing and
certifying all such certificates, filed prior to May 10, 1862,
and not heretofore compared and certified, to be paid out of the
county funds, and shall be allowed by the board of county
commissioners of such county upon the completion of the work.
Sec. 83. Minnesota Statutes 2004, section 386.26,
subdivision 3, is amended to read:
Subd. 3. [IN FUTURE; RECORD AT LENGTH.] It is hereby made
the duty of the county recorder in any such county to record at
length in suitable books or by electronic media to be provided
by the county for such purpose all instruments hereafter
received either for filing or recording. The recorder shall
receive the same fees therefor as are allowed for the recording
of other like instruments.
Sec. 84. Minnesota Statutes 2004, section 386.29, is
amended to read:
386.29 [TRANSCRIBING ABSTRACT RECORDS.]
The board of county commissioners of any county that has
undertaken to have the abstract records in the office of the
county recorder transcribed under any law fixing a maximum limit
that may be expended for such purpose but is unable to complete
such work on account of such limit having been reached may
authorize the county recorder or employ any other competent
person to complete the same under the supervision and direction
of the county recorder at such salary or upon such basis of
compensation as may be agreed upon; provided that, if such
employment be upon a salary basis, it shall not exceed the sum
of $80 per month and, if upon a per line basis, at not to exceed
five cents per line.
Sec. 85. Minnesota Statutes 2004, section 386.31, is
amended to read:
386.31 [CONSECUTIVE NUMBERING.]
Each county recorder shall endorse plainly upon each
instrument received for record or filing as soon as received a
number consecutive, to the extent practicable, to the number
affixed to the instrument next previously received and enter
such number as a part of the entry relating to such instrument
in all the indexes kept in the office and on the margin of the
record of the instrument, and such number shall be prima facie
evidence of priority of registration. If more than one
instrument shall be received at the same time, by mail or other
like enclosure, the recorder shall affix such number in the
order directed by the sender; if no direction be given, then in
the order in which the instruments actually come to the
recorder's hand in opening the enclosures.
Sec. 86. Minnesota Statutes 2004, section 386.32, is
amended to read:
386.32 [CONSECUTIVE INDEX.]
Each county recorder shall keep an index of all records or
files kept in the office showing the number of the instrument
consecutively, the kind, the time of its reception, and where
the same is recorded or filed, thus:.
Number of Kind of Time of Where Recorded
Instrument Instrument Reception or Filed
Book Page File No.
Such entries shall be made as soon as the instrument is
received, excepting only the place of record, which shall be
filled in as soon as such instrument is recorded.
Sec. 87. Minnesota Statutes 2004, section 386.36, is
amended to read:
386.36 [FARM NAMES RECORDED.]
The owner of farm lands in the state may designate a
specific name of the farm lands and this name, together with a
description of the farm lands according to the government survey
thereof, may be filed recorded with the county recorder of the
county wherein the lands, or a part thereof, are situated, and
this name, together with the description of the lands, shall be
recorded by the county recorder in a book to be provided for
such purpose, upon payment of a fee as prescribed in section
357.18, but no two names so designated and recorded shall be
alike in the same county.
Sec. 88. Minnesota Statutes 2004, section 386.37, is
amended to read:
386.37 [ABSTRACTS OF TITLE.]
In a county in which the county recorder performs abstract
services, the county recorder, upon being paid lawful fees
therefor, shall make out, under the recorder's certificate and
seal, as the same appears of record or on file in the office,
and deliver to any person requesting the same:
(1) a full and perfect abstract of title to any real estate
together with all encumbrances, liens and instruments in any
manner affecting such title;
(2) a continuation of any abstract of title, to any real
estate that has been certified to by an official abstracter of
the county within ten days a reasonable amount of time after
such request;
(3) an abstract of title to any real estate, together with
all encumbrances, liens, and instruments in any manner affecting
such title, from a certain date to a given date, within ten days
a reasonable amount of time after such request; or
(4) an abstract of title to any real estate covering
encumbrances and liens, only, affecting such title between any
two given dates, within ten days a reasonable amount of time
after such request.
Sec. 89. Minnesota Statutes 2004, section 386.45, is
amended to read:
386.45 [BANKRUPTCY DOCUMENTS MAY BE RECORDED, USED AS
EVIDENCE.]
(a) When a petition for bankruptcy, or a decree of
adjudication, or an order approving the trustee's bond is made,
pursuant to the Federal Bankruptcy Act of 1898, as amended by
the Bankruptcy Act of 1938, chapter 575, Statutes at Large,
volume 52, page 840, section 21 g, or a petition is made
pursuant to the Bankruptcy Reform Act of 1978, hereinafter
referred to as the "Bankruptcy Code," the bankrupt, debtor,
trustee, receiver, custodian, referee, or any creditor may
record a certified copy of the petition, decree, order, or a
certificate of a clerk of the United States Bankruptcy Court
relating to any matter involving the status of or disposition of
the proceedings or pleadings, property of the estate or property
of the debtor or documents or orders filed recorded in the
proceeding, all pursuant to the Bankruptcy Code, in the office
of the county recorder or file the instruments in the office of
the registrar of titles of any county in this state.
(b) Any certificate so recorded, or a certified copy
thereof, is admissible as evidence in any action involving any
instrument to which it relates or involving the title to the
real estate affected by the certificate and is prima facie
evidence of the facts stated therein.
Sec. 90. Minnesota Statutes 2004, section 387.01, is
amended to read:
387.01 [QUALIFICATIONS; BOND; OATH.]
Every person who files as a candidate for county sheriff
must be licensed as a peace officer in this state. Every person
appointed to the office of sheriff must become licensed as a
peace officer before entering upon the duties of the office.
Before entering upon duties every sheriff shall give bond to the
state in a sum not less than $25,000 in counties whose
population exceeds 150,000, and not less than $5,000 in all
other counties, to be approved by the county board, conditioned
that the sheriff will well and faithfully in all things perform
and execute the duties of office, without fraud, deceit, or
oppression, which bond, with an oath of office, shall be filed
for record recorded with the county recorder.
Sec. 91. Minnesota Statutes 2004, section 387.33,
subdivision 2, is amended to read:
Subd. 2. [MEMBERS; QUALIFICATIONS, CONDITIONS.] The
commission shall consist of three members who shall be citizens
of the state and residents of the county, and shall be appointed
by the chair of the county board, and the appointment of each
commissioner, to be confirmed by majority vote of the county
board. When first created one commissioner shall be appointed
for one year, who shall be president of the commission, one for
the term of two years, and one for the term of three years, and
all commissioners shall hold their office until their successors
are appointed and qualified. No commissioner shall at the time
of appointment or while serving, hold any other office or
employment under said county, any city, the United States, the
state of Minnesota, or any public corporation or political
division thereof, other than the office of notary public. Each
commissioner, before entering upon duties, shall subscribe and
file record with the county recorder of said county an oath for
the faithful discharge of duties. There shall be appointed each
year thereafter, in the manner of the original appointments, one
member of the commission whose term of office shall be for three
years, and each member of the commission shall be president of
the commission during the last year of the term for which
appointed.
Sec. 92. Minnesota Statutes 2004, section 388.01, is
amended to read:
388.01 [ELECTION; QUALIFICATIONS; TERM.]
There shall be elected in each county a county attorney who
shall be licensed to practice law in this state, and whose term
of office shall be four years and until a successor qualifies.
Before entering upon duties the county attorney shall take an
oath. The oath must be filed for record recorded with the
county recorder.
Sec. 93. Minnesota Statutes 2004, section 388.10, is
amended to read:
388.10 [ASSISTANTS.]
The county attorney of any county in this state who has no
assistant is hereby authorized to appoint, with the consent of
the county board of the county, one or more attorneys for
assistance in the performance of duties. Each assistant shall
have the same duties and be subject to the same liabilities as
the county attorney and hold office during the pleasure of the
county attorney. Each assistant shall be appointed in writing
and the assistant's oath and appointment shall be filed for
record recorded with the county recorder. The county board of
such county shall fix the salary of each assistant county
attorney appointed pursuant to the provisions of this section,
and the salary when so fixed by such county board shall
thereafter be paid by the county in equal monthly installments
upon the warrant of the county auditor during the period for
which such salary is so fixed or during such portion thereof as
an assistant county attorney continues in office.
Sec. 94. Minnesota Statutes 2004, section 389.011,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATIONS.] A county surveyor elected
or appointed after July 1, 1961, or a surveyor designated to
perform the professional duties of a county surveyor after July
1, 1961, must be licensed in Minnesota as a land surveyor as
provided in chapter 326. The professional duties of a county
surveyor include any of the duties involved in the practice of
land surveying as provided in chapter 326. A county surveyor or
other surveyor designated to perform the duties of a county
surveyor must be licensed in Minnesota as a land surveyor while
holding such office or while such designation is in effect.
Failure on the part of a land surveyor to keep the license
current is grounds for the board of county commissioners to
declare the office vacant and to appoint a qualified person to
such office. As used in this section, the term land surveyor
means a surveyor licensed in Minnesota as a land surveyor.
A county surveyor or other licensed surveyor designated to
perform the duties of a county surveyor after July 1, 1961,
before entering upon duties, in addition to such bond and oath
of office as is required to be filed, shall file record
certified evidence of license as a land surveyor for record with
the county recorder and each license period thereafter while
holding such office or designation shall file record certified
evidence of the license renewal for the then current period with
the county recorder on or before the license expiration date.
A county surveyor holding that office on July 1, 1961, who
was elected or appointed for a term beginning prior to July 1,
1959, is eligible for reelection or appointment to the office of
county surveyor in the county in which last elected or appointed
if subsequently elected or appointed to that office while not a
licensed land surveyor, in lieu of a license as a land surveyor,
the county surveyor shall file record with the county recorder a
certified copy of the certificate of election or the resolution
of appointment for the term beginning prior to July 1, 1959.
Sec. 95. Minnesota Statutes 2004, section 389.011,
subdivision 3, is amended to read:
Subd. 3. [BOND, OATH.] A county surveyor appointed or
elected after July 1, 1961, before entering on duties shall give
bond to the state, approved by the county board, in the sum of
$2,000 conditioned on the faithful discharge of the duties. The
bond, together with the surveyor's oath, and certified evidence
of a license as a land surveyor or the certificate of election
must be filed for record recorded with the county recorder.
Sec. 96. Minnesota Statutes 2004, section 390.05, is
amended to read:
390.05 [DEPUTIES.]
A coroner shall appoint one or more deputies. When the
coroner is absent or unable to act, deputies have the same
powers and are subject to the same liabilities as coroners. A
deputy shall be appointed in writing. The oath and appointment
shall be filed for record recorded with the county recorder.
The deputy shall act by name as deputy coroner and hold office
at the same time as the coroner.
Sec. 97. Minnesota Statutes 2004, section 394.27,
subdivision 8, is amended to read:
Subd. 8. [FILING ORDERS.] A certified copy of any order
issued by the board of adjustment acting upon an appeal from an
order, requirement, decision or determination by an
administrative official, or a request for a variance, shall be
filed recorded with the county recorder or registrar of titles
for record. The order issued by the board of adjustment shall
include the legal description of the property involved. The
board by ordinance shall designate the county official or
employee responsible for meeting the requirements of this
subdivision.
Sec. 98. Minnesota Statutes 2004, section 394.301,
subdivision 4, is amended to read:
Subd. 4. [COPY FILED.] A certified copy of any conditional
use permit shall be filed recorded with the county recorder or
registrar of titles for record. The conditional use permit
shall include the legal description of the property involved.
The board by ordinance shall designate the county official or
employee responsible for meeting the requirements of the
subdivision.
Sec. 99. Minnesota Statutes 2004, section 394.33,
subdivision 1, is amended to read:
Subdivision 1. [NOT INCONSISTENT.] The governing body of
any town including any town with the powers of a statutory city
pursuant to law may continue to exercise the authority to plan
and zone as provided by law, but after the adoption of official
controls for a county or portion thereof by the board of county
commissioners no town shall enact or enforce official controls
inconsistent with or less restrictive than the standards
prescribed in the official controls adopted by the board.
Nothing in this section shall limit any town's power to adopt
official controls, including shoreland regulations which are
more restrictive than provided in the controls adopted by the
county. Upon the adoption or amendment of any official controls
the governing body of the town shall file record a certified
copy thereof with the county recorder or registrar of titles for
record. A certified copy of any official controls of any town
which are in effect on August 1, 1974, shall also be filed by
the governing body of the town with the county recorder or
registrar of titles for record within one year from August 1,
1974.
Sec. 100. Minnesota Statutes 2004, section 394.35, is
amended to read:
394.35 [FILING RECORDING WITH THE COUNTY RECORDER.]
Upon the adoption of any ordinance or other official
control including any maps or charts supplemented to or as part
thereof, the county auditor shall file record a certified copy
thereof with the county recorder for record. Ordinances,
resolutions, maps or regulations filed recorded with the county
recorder or registrar of titles pursuant to sections 394.21 to
394.37 do not constitute encumbrances on real property.
Sec. 101. Minnesota Statutes 2004, section 395.18, is
amended to read:
395.18 [CONDITION OF THE CONTRACT.]
The warrant provided for in section 395.16 shall not be
delivered until the applicant shall have signed a contract in
duplicate, attested by the county auditor, to the effect that
the applicant, for and in consideration of the seed and feed
specified received from the county, promises to pay to the
county the amount allowed for the same, on or before the first
day of October following, with interest at the rate of six
percent per annum, that such amount shall be a first lien upon
the crop raised from the seed and, in addition thereto, shall be
taxable against the real property of the applicant for which
seed and feed was furnished. The contract shall also contain a
true description of the land upon which the applicant intends to
and will sow and plant such seed, in due season next following,
and shall specify that the written application shall be a part
of this contract. The auditor shall forthwith file record one
of such duplicate contracts with the county recorder of the
county, for which the applicant shall pay the required filing
recording fee and file the other duplicate in the auditor's
office.
Sec. 102. Minnesota Statutes 2004, section 395.22, is
amended to read:
395.22 [PENALTY FOR VIOLATION.]
Any person who shall, contrary to the provisions of
sections 395.14 to 395.24, sell, transfer, take, or carry away,
or in any manner dispose of, the seed or feed, or any part
thereof, furnished by the county under sections 395.14 to 395.24
or shall use or dispose of such seed or feed, or any part
thereof, for any other purpose than that of planting or sowing
with same as stated in the application and contract, or shall
sell, transfer, take, or carry away, or in any manner dispose
of, the crop or any part thereof, produced from the sowing or
planting of such seed, before the same is paid for, shall be
guilty of a misdemeanor; and upon conviction thereof shall pay a
fine of not less than $50 nor more than $100 or may be
imprisoned in the county jail for a term of not less than 30 nor
more than 90 days, and shall pay all the costs of prosecution,
and whoever under any of the provisions of sections 395.14 to
395.24 shall be found guilty of false swearing shall be deemed
to have committed perjury and shall upon conviction suffer the
pains and penalties of that crime. Upon the filing recording of
the contract in the office of the county recorder, and the
sowing of the seed obtained therefor, the title and right of
possession to the growing crop and to the grain produced from
the seed shall be in the county which shall have furnished the
seed until the debt incurred for such seed or feed, shall have
been paid, and any seizure thereof or interference therewith
except by the applicant and those in the applicant's employ, for
the purpose of harvesting, threshing, and marketing the same to
pay such debt, shall be deemed a conversion thereof and treble
damages may be recovered against the person so converting the
same by the county furnishing such seed and feed.
Sec. 103. Minnesota Statutes 2004, section 398.19, is
amended to read:
398.19 [PLAN FOR DEVELOPMENT OF PARKS; FILING RECORDING.]
Within 18 months of the activation of a park district, the
board for such park district shall develop and approve a written
plan for development of parks within the district. Certified
copies of such plan shall be filed recorded by the secretary of
the board with the county recorders for the counties having land
within the district and with the department of parks of the
state of Minnesota. Such plans shall be revised and brought up
to date at least every five years.
Sec. 104. Minnesota Statutes 2004, section 410.11, is
amended to read:
410.11 [ADOPTION; NOTICE, EFFECTIVE DATE.]
If 51 percent of the votes cast on the proposition are in
favor of the proposed charter, it shall be considered adopted;
and, if any provisions thereof are submitted in the alternative,
those ratified by a majority of the votes cast thereon shall
prevail. If the charter is adopted, the city clerk shall file
with the secretary of state, the county recorder of the county
in which the city lies, and in the city clerk's office a copy of
the charter accompanied by a certificate attesting to the
accuracy of the copy and giving the date of the election and the
vote by which the charter was adopted and record a certified
copy with the county recorder of the county in which the city
lies. The charter shall take effect 30 days after the election,
or at such other time as is fixed in the charter, and shall then
supersede all other charter provisions relating to such city.
Thereupon the courts shall take judicial notice of the new
charter and, upon the election of officers thereunder, the
officials of the former corporation shall deliver to them the
records, money and other public property in their control.
Sec. 105. Minnesota Statutes 2004, section 412.851, is
amended to read:
412.851 [VACATION OF STREETS.]
The council may by resolution vacate any street, alley,
public grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition,
the resolution may be adopted only by a vote of four-fifths of
all members of the council. No such vacation shall be made
unless it appears in the interest of the public to do so after a
hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at
least ten days before the hearing. The notice must contain, at
minimum, a copy of the petition or proposed resolution as well
as the time, place, and date of the hearing. In addition, if
the street, alley, public grounds, public way, or any part
thereof terminates at or abuts upon any public water, no
vacation shall be made unless written notice of the petition or
proposed resolution is served by certified mail upon the
commissioner of natural resources at least 30 days before the
hearing on the matter. The notice to the commissioner of
natural resources is for notification purposes only and does not
create a right of intervention by the commissioner. After a
resolution of vacation is adopted, the clerk shall prepare a
notice of completion of the proceedings which shall contain the
name of the city, an identification of the vacation, a statement
of the time of completion thereof and a description of the real
estate and lands affected thereby. The notice shall be
presented to the county auditor who shall enter the same in the
transfer records and note upon the instrument, over official
signature, the words "entered in the transfer record." The
notice shall then be filed recorded with the county recorder.
Any failure to file the notice shall not invalidate any such
vacation proceedings.
Sec. 106. Minnesota Statutes 2004, section 429.061,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION; INTEREST.] At such meeting or at any
adjournment thereof the council shall hear and pass upon all
objections to the proposed assessment, whether presented orally
or in writing. The council may amend the proposed assessment as
to any parcel and by resolution adopt the same as the special
assessment against the lands named in the assessment roll.
Notice of any adjournment of the hearing shall be adequate if
the minutes of the meeting so adjourned show the time and place
when and where the hearing is to be continued.
The council may consider any objection to the amount of a
proposed assessment as to a specific parcel of land at an
adjourned hearing upon further notice to the affected property
owner as it deems advisable. At the adjourned hearing the
council or a committee of it may hear further written or oral
testimony on behalf of the objecting property owner and may
consider further written or oral testimony from appropriate city
officials and other witnesses as to the amount of the
assessment. The council or committee shall prepare a record of
the proceedings at the adjourned hearing and written findings as
to the amount of the assessment. The amount of the assessment
as finally determined by the council shall become a part of the
adopted assessment roll. No appeal may be taken as to the
amount of any assessment adopted under this section unless
written objection signed by the affected property owner is filed
with the municipal clerk prior to the assessment hearing or
presented to the presiding officer at the hearing. All
objections to the assessments not received at the assessment
hearing in the manner prescribed by this subdivision are waived,
unless the failure to object at the assessment hearing is due to
a reasonable cause.
If the adopted assessment differs from the proposed
assessment as to any particular lot, piece, or parcel of land,
the clerk must mail to the owner a notice stating the amount of
the adopted assessment. Owners must also be notified by mail of
any changes adopted by the council in interest rates or
prepayment requirements from those contained in the notice of
the proposed assessment.
The assessment, with accruing interest, shall be a lien
upon all private and public property included therein, from the
date of the resolution adopting the assessment, concurrent with
general taxes; but the lien shall not be enforceable against
public property as long as it is publicly owned, and during such
period the assessment shall be recoverable from the owner of
such property only in the manner and to the extent provided in
section 435.19. Unless otherwise provided in the resolution,
all assessments shall be payable in equal annual installments
extending over such period, not exceeding 30 years, as the
resolution determines, payable on the first Monday in January in
each year, but the number of installments need not be uniform
for all assessments included in a single assessment roll if a
uniform criterion for determining the number of installments is
provided by the resolution. Assessments on property located in
a targeted neighborhood as defined in Laws 1987, chapter 386,
article 6, section 4, may be payable in variable annual
installments if the resolution provides for a variable payment.
The first installment of each assessment shall be included in
the first tax rolls completed after its adoption and shall be
payable in the same year as the taxes contained therein; except
that the payment of the first installment of any assessment
levied upon unimproved property may be deferred until a
designated future year, or until the platting of the property or
the construction of improvements thereon, upon such terms and
conditions and based upon such standards and criteria as may be
provided by resolution of the council. If special assessments
against the property have been deferred pursuant to this
subdivision, the governmental unit shall file record with the
county recorder in the county in which the property is located a
certificate containing the legal description of the affected
property and of the amount deferred. In any event, every
assessment the payment of which is so deferred, when it becomes
payable, shall be divided into a number of installments such
that the last installment thereof will be payable not more than
30 years after the levy of the assessment. All assessments
shall bear interest at such rate as the resolution determines.
To the first installment of each assessment shall be added
interest on the entire assessment from a date specified in the
resolution levying the assessment, not earlier than the date of
the resolution, until December 31 of the year in which the first
installment is payable, and to each subsequent installment shall
be added interest for one year on all unpaid installments; or
alternatively, any assessment may be made payable in equal
annual installments including principal and interest, each in
the amount annually required to pay the principal over such
period with interest at such rate as the resolution determines,
not exceeding the maximum period and rate specified above. In
the latter event no prepayment shall be accepted under
subdivision 3 without payment of all installments due to and
including December 31 of the year of prepayment, together with
the original principal amount reduced only by the amounts of
principal included in such installments, computed on an annual
amortization basis. When payment of an assessment is deferred,
as authorized in this subdivision, interest thereon for the
period of deferment may be made payable annually at the same
times as the principal installments of the assessment would have
been payable if not deferred; or interest for this period may be
added to the principal amount of the assessment when it becomes
payable; or, if so provided in the resolution levying the
assessment, interest thereon to December 31 of the year before
the first installment is payable may be forgiven.
Sec. 107. Minnesota Statutes 2004, section 444.17, is
amended to read:
444.17 [ESTABLISHMENT OF DISTRICT.]
The governing body of a municipality may by ordinance
adopted by a two-thirds vote of all of its members, establish
within its territorial limits a storm sewer improvement tax
district. The ordinance shall describe with particularity the
territory or area within the municipality to be included within
the district. No such ordinance shall be adopted until after a
public hearing has been held on the question. A notice of the
time, place and purpose of the hearing shall be published for
two successive weeks in the official newspaper of the
municipality or in a qualified newspaper of general circulation
in the municipality and the last notice shall be at least seven
days prior to the day of the hearing. The ordinance when
adopted shall be filed recorded with the county auditor and
county recorder.
Sec. 108. Minnesota Statutes 2004, section 447.31,
subdivision 4, is amended to read:
Subd. 4. [FILING RESOLUTIONS.] The hospital district is
created or reorganized on the effective date of the last
resolution required to authorize it. However, certified copies
of each resolution must be sent by the clerk or other recording
officer of the governing body or board adopting it to the county
auditor of each county containing territory in the hospital
district. On receiving the required resolutions, each county
auditor shall file record certified copies of them as a public
record with the county recorder of the auditor's county. The
county auditor of the county containing most of the population
of the district shall send a certified copy of each resolution
to the secretary of state to be filed as a public record.
Sec. 109. Minnesota Statutes 2004, section 462.359,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION.] After the planning agency has adopted
a major thoroughfare plan and a community facilities plan, it
may, for the purpose of carrying out the policies of the major
thoroughfare plan and community facilities plan, prepare and
recommend to the governing body a proposed official map covering
the entire municipality or any portion thereof. The governing
body may, after holding a public hearing, adopt and amend the
official map by ordinance. A notice of the time, place and
purpose of the hearing shall be published in the official
newspaper of the municipality at least ten days prior to the
date of the hearing. The official map or maps shall be prepared
in sufficient detail to permit the establishment of the future
acquisition lines on the ground. In unplatted areas a minimum
of a centerline survey shall have been made prior to the
preparation of the final draft of the official map. The
accuracy of the future acquisition lines shown on the official
map shall be attested to by a licensed land surveyor. After
adoption, a copy of the official map, or sections thereof with a
copy of the adopting ordinance attached shall be filed recorded
with the county recorder as provided in sections 462.351 to
462.364.
Sec. 110. Minnesota Statutes 2004, section 462.3595,
subdivision 4, is amended to read:
Subd. 4. [FILING RECORDING OF PERMIT.] A certified copy of
any conditional use permit shall be filed recorded with the
county recorder or registrar of titles of the county or counties
in which the municipality is located for record. The
conditional use permit shall include the legal description of
the property included.
Sec. 111. Minnesota Statutes 2004, section 462.36,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED DOCUMENTS.] A certified copy of
every ordinance, resolution, map, or regulation adopted under
the provisions of sections 462.358, 462.359, and 462.3595 shall
be filed with the county recorder of the county or counties in
which the municipality adopting it is located. A certified copy
of every variance to abstract or registered property granted
under section 462.358 shall be filed recorded with the county
recorder or the registrar of titles of the county or counties in
which the municipality granting it is located; except that the
requirement to file record a variance is satisfied if a
certified copy of the resolution citing the existence of the
variance is filed recorded identifying the location where the
variance documents are available for inspection. Ordinances,
resolutions, maps, regulations or variances filed recorded
pursuant to this subdivision do not constitute encumbrances on
real property. The order issued by the governing body or board
of appeals and adjustments as the case may be, shall include the
legal description of the property involved. Failure to file
record an ordinance, resolution, map, regulation, variance, or
order shall not affect its validity or enforceability.
Sec. 112. Minnesota Statutes 2004, section 462A.31,
subdivision 7, is amended to read:
Subd. 7. [RECORDING OF GROUND LEASE.] Any ground lease
held by a neighborhood land trust shall include the legal
description of the real property subject to the ground lease and
shall be recorded with the county recorder or filed with the
registrar of titles in the county in which the real property
subject to the ground lease is located.
Sec. 113. Minnesota Statutes 2004, section 463.15,
subdivision 4, is amended to read:
Subd. 4. [OWNER, OWNER OF RECORD, AND LIEN HOLDER OF
RECORD.] "Owner," "owner of record," and "lien holder of record"
means a person having a right or interest in property described
in subdivision 3 and evidence of which is filed and recorded in
the office of the county recorder or registrar of titles in the
county in which the property is situated.
Sec. 114. Minnesota Statutes 2004, section 465.19, is
amended to read:
465.19 [CITY TO OWN OLD CHANNEL IF IT PAYS FOR U.S. CHANNEL
CHANGE.]
When any portion of the channel of any river navigable for
commercial purposes within the limits of any city in this state
is changed by or under the authority of the United States
government or any other authority for the improvement of
navigation and the cost of such change or any portion thereof is
borne by the city within which change is made the old bed of the
river or portion thereof abandoned by reason of any such change,
shall belong to and become the property in fee simple of the
city in which the same is situate without further act or
ceremony. The filing and recording, in the office of the county
recorder of the county in which such city is located, of a copy
of this bill section together with the filing of a plat or map
certified by the secretary of defense of the United States or
the United States government engineer in charge of the changes
of the channel hereinbefore referred to, showing the respective
locations of the water line of the old or original bed of the
river and such changed location, shall constitute sufficient
evidence of title of such city to the old river bed and lands
hereinbefore referred to. Upon the request of any such city the
governor and the commissioner of finance shall also execute and
deliver to such city a deed of conveyance transferring all of
the right, title, and interest of the state of Minnesota in and
to such old river bed and lands within the limits of such city,
and the lands so reclaimed or acquired may be held, used, or
disposed of by such city as the common council shall determine
to be for the best interests of such city.
Sec. 115. Minnesota Statutes 2004, section 471.928, is
amended to read:
471.928 [RECORDING.]
Any ordinance adopted pursuant to sections 471.924 to
471.929 must be filed recorded with the county recorder. The
county auditor shall file a certified copy of the ordinance for
record.
Sec. 116. Minnesota Statutes 2004, section 485.01, is
amended to read:
485.01 [APPOINTMENT; BOND; DUTIES.]
A clerk of the district court for each county within the
judicial district, who shall be known as the court
administrator, shall be appointed by a majority of the district
court judges in the district. The clerk, before entering upon
the duties of office, shall give bond to the state, to be
approved by the chief judge of the judicial district,
conditioned for the faithful discharge of official duties. The
bond, with an oath of office, shall be filed for record recorded
with the county recorder. The clerk shall perform all duties
assigned by law and by the rules of the court. The clerk and
all deputy clerks must not practice as attorneys in the court in
which they are employed.
The duties, functions, and responsibilities which have been
and may be required by law or rule to be performed by the clerk
of district court shall be performed by the court administrator.
Sec. 117. Minnesota Statutes 2004, section 485.03, is
amended to read:
485.03 [DEPUTIES.]
(a) The county board shall determine the number of
permanent full time deputies, clerks and other employees in the
office of the court administrator of district court and shall
fix the compensation for each position. The county board shall
also budget for temporary deputies and other employees and shall
fix their rates of compensation. This paragraph does not apply
to a county in a judicial district under section 480.181,
subdivision 1, paragraph (b).
(b) The court administrator shall appoint in writing the
deputies and other employees, for whose acts the court
administrator shall be responsible, and whom the court
administrator may remove at pleasure. Before each enters upon
official duties, the appointment and oath of each shall be filed
recorded with the county recorder.
Sec. 118. Minnesota Statutes 2004, section 485.05, is
amended to read:
485.05 [DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.]
In all counties in the state now or hereafter having a
population of more than 150,000 and wherein regular terms of the
district court are held in three or more places, the court
administrator of the district court therein, by an instrument in
writing, under the court administrator's hand and seal, and with
the approval of the district judge of the judicial district in
which said county is situated, or, if there be more than one
such district judge, with the approval of a majority thereof,
may appoint deputies for whose acts the court administrator
shall be responsible, such deputies to hold office as such until
they shall be removed therefrom, which removal shall not be made
except with the approval of the district judge or judges. The
appointment and oath of every such deputy shall be filed
recorded with the county recorder.
Sec. 119. Minnesota Statutes 2004, section 489.03, is
amended to read:
489.03 [OATH.]
Before entering upon duties, each court commissioner shall
file deliver an oath of office, for record with to the county
recorder who shall record it.
Sec. 120. Minnesota Statutes 2004, section 507.24,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] To entitle any conveyance, power
of attorney, or other instrument affecting real estate to record
be recorded, it shall be legible and archivable, it shall be
executed, acknowledged by the parties executing the same, and
the acknowledgment certified, as required by law. All such
instruments may be recorded in every county where any of the
lands lie. If the conveyance, power of attorney, or other
instrument affecting real estate is executed out of state, it
shall be entitled to record if executed as above provided or
according to the laws of the place of execution so as to be
entitled to record in such place.
Sec. 121. Minnesota Statutes 2004, section 508.35, is
amended to read:
508.35 [FORM OF CERTIFICATE.]
The certificate of title shall contain the name and
residence of the owner, a description of the land, and of the
estate of the owner therein, and shall by memorial contain a
description of all encumbrances, liens, and interests in which
the estate of the owner is subject. In case the land is held in
trust or subject to any condition or limitation, it shall state
the nature and character of it. It shall be substantially in
the following form:
CERTIFICATE OF TITLE
First certificate of title, pursuant to the order of the
district court, ............... judicial district, county of
................., and state of Minnesota, date................,
.......
REGISTRATION
State of Minnesota )
) ss.
County of .................... )
This is to certify that ..............., whose address is
..............., in the .................... of
...................., and state of ...................., is now
the owner of an estate, ......................... of and in the
following described land situated in the county of
............... and state of Minnesota, .........................
Subject to the encumbrances, liens, and interest noted by
the memorial underwritten or endorsed hereon; and subject to the
following rights or encumbrances subsisting, as provided in Laws
1905, chapter 305, section 24, namely:
(1) Liens, claims, or rights arising under the laws or the
Constitution of the United States, which the statutes of this
state cannot require to appear of record;
(2) Any real property tax or special assessment;
(3) Any lease for a period not exceeding three years, when
there is actual occupation of the premises under the lease;
(4) All rights in public highways upon the land;
(5) Such right of appeal or right to appear and contest the
application as is allowed by law;
(6) The rights of any person in possession under deed or
contract for deed from the owner of the certificate of title;
(7) Any outstanding mechanics lien rights which may exist
under sections 514.01 to 514.17.
In witness whereof, I have hereunto subscribed my name and
affixed the seal of my office, this ............... day of
..........., ..........
.............................................
Registrar of Titles, in and for the county of
..................... and State of Minnesota.
All certificates issued subsequent to the first certificate
of title shall be in like form except that they shall be
entitled "Transfer from number (here give the number of the next
previous certificate relating to the same land)," and shall also
contain the words "Originally registered (date, volume, and page
or certificate of title number of registration)."
Sec. 122. Minnesota Statutes 2004, section 508.37, is
amended to read:
508.37 [TRACT INDEXES, RECEPTION BOOKS INDEXES.]
Subd. 1a. [BOOKS INDEXES.] The registrar shall likewise
keep tract indexes, in which the registrar shall enter an
accurate description of all registered land, together with the
names of the respective owners thereof, and a reference to the
number of the certificate of title. The registrar shall keep
two books indexes, to be known as the grantors' and grantees'
reception books indexes respectively.
The grantors' reception book shall be a grantors' index of
instruments filed with the registrar. Each page shall be
divided into columns. The surname and given name of the grantor
shall be entered under the first column and under the succeeding
columns there shall be entered respectively the name of the
grantee; the date of registration, specifying the month, day,
year and hour and whether ante meridian or post meridian; the
number of the instrument; the book and page of the register of
titles where the land is registered; the type of instrument; and
a description of the property by lot or section, block or
township, range, addition and other pertinent information.
The grantees' reception book shall be a grantees' index of
instruments filed with the registrar. Each page shall be
divided into columns. The surname and given name of the grantee
shall be entered under the first column and under the succeeding
columns there shall be entered respectively the name of the
grantor; the date of registration, specifying the month, day,
year and hour and whether ante meridian or post meridian; the
number of the instrument; the book and page of the register of
titles where the land is registered; the type of instrument; and
a description of the property by lot or section, block or
township, range, addition and other pertinent information.
The reception indexes shall include the surname and given
name of the grantor and grantee; the date of registration,
specifying the month, day, year, and hour and whether a.m. or
p.m.; the number of the instrument; the number of the
certificate or, where applicable, the book and page, where the
land is registered.
Subd. 2. [ENTRIES.] The registrar shall enter in each of
these books indexes in the order and manner aforesaid, and as
soon as the same are received recorded, all instruments
affecting the title to land which are filed recorded with the
registrar and, as far as may be the particulars of the
instruments in the appropriate column of these books places in
the indexes. The pages of each of the reception books shall be
lettered in alphabetical order, a convenient number of
consecutive pages being allotted to each letter of the alphabet,
and each entry shall be made in the grantors' reception book
under the initial letter of the grantor's surname, and in the
grantees' reception book, under the initial letter of the
grantee's surname, and all the entries under each letter shall
appear in the order as to time in which the instruments were
filed. Retrieval of information from these indexes must be by
as convenient an alphabetical search as possible.
Sec. 123. Minnesota Statutes 2004, section 508.38, is
amended to read:
508.38 [FORMS OF RECORDS ADOPTED.]
Instruments affecting the title to land, filed with the
registrar, shall be numbered by the registrar consecutively, to
the extent practicable and the registrar shall endorse upon each
instrument over the registrar's official signature name, OFFICE
OF THE REGISTRAR OF TITLES, ... COUNTY, MINNESOTA, CERTIFIED
FILED ON, together with the date, hour, and minute when the
instrument is filed, the document number thereof, and a
reference to the proper certificate of title. Instruments shall
be copied or reproduced as provided by section 15.17, as amended.
Instruments shall then be returned in person or by mail to the
party who presented the instruments for filing or to any other
party to whom the registrar is directed to deliver the
instruments. When the memorial of any instrument is made upon
any certificate, the date, number, and time of filing thereof
shall also be endorsed upon the certificate. All records and
papers relating to registered land in the office of the
registrar, shall be open to the inspection of the public at such
times and under such conditions as the court may prescribe.
Duplicates of all instruments, voluntary or involuntary, filed
and registered with the registrar, may be presented with the
originals, and shall thereupon be endorsed with the file number,
and other memoranda on the originals, and may be attested and
sealed by the registrar, and returned to the person presenting
the same. The registrar shall furnish certified copies of the
instruments filed and registered in the registrar's office, upon
payment of a fee as provided in section 357.18 508.82.
Sec. 124. Minnesota Statutes 2004, section 519.091,
subdivision 2, is amended to read:
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
recorded within that period in the office of the county recorder
or registrar of titles in the county where the property is
located.
Sec. 125. Minnesota Statutes 2004, 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 that is at least 40 years
old.
(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.
(c) This section does not apply to actions to enforce
rights, claims, interests, encumbrances, or liens arising out of
private covenants, conditions, or restrictions to which section
500.20, subdivision 2a, or successor statutes do not apply.
Sec. 126. Minnesota Statutes 2004, section 541.023,
subdivision 2a, is amended to read:
Subd. 2a. [REGISTERED PROPERTY NOT AFFECTED.] (a) Except
as provided in paragraph (b), this section does not apply to
real property while it remains registered according to chapter
508 or 508A.
(b) This subdivision does not affect an action or
proceeding involving the validity of a claim of title based upon
a source of title which has been of record at least 40 years if:
(i) the action or proceeding is pending on August 1, 2001,
or is commenced before February 1, 2002; and
(ii) a notice of the pendency of the action or proceeding
is recorded or filed before February 1, 2002, in the office of
the registrar of titles of the county in which the real property
affected by the action or proceeding is located.
Sec. 127. Minnesota Statutes 2004, section 541.023,
subdivision 4, is amended to read:
Subd. 4. [NOTICES, FILING OR RECORDING; FEE.] County
recorders are hereby directed to accept for recording or filing
notices conforming with the provisions hereof, and to charge
therefor fees corresponding with the fees charged for filing
recording notices of lis pendens of similar length. Such
notices may be discharged in the same manner as notices of lis
pendens, and, when so discharged, shall, together with all
information included therein, cease to constitute either actual
or constructive notice.
Sec. 128. Minnesota Statutes 2004, section 541.023,
subdivision 6, is amended to read:
Subd. 6. [LIMITATIONS; CERTAIN TITLES NOT AFFECTED.] This
section shall not affect any rights of the federal government;
nor increase the effect as notice, actual or constructive, of
any instrument now of record; nor bar the rights of any person,
partnership or corporation in possession of real estate. This
section shall not impair the record title or record interest, or
title obtained by or through any congressional or legislative
grant, of any railroad corporation or other public service
corporation or any trustee or receiver thereof or of any
educational or religious corporation in any real estate by
reason of any failure to file or record further evidence of such
title or interest even though the record thereof is now or
hereafter more than 40 years old; nor shall this section require
the filing recording of any notice as provided for in this act
as to any undischarged mortgage or deed of trust executed by any
such corporation or any trustee or receiver thereof or to any
claim or action founded upon any such undischarged mortgage or
deed of trust. The exceptions of this subdivision shall not
include (a) reservations or exceptions of land for right-of-way
or other railroad purposes contained in deeds of conveyance made
by a railroad company or by trustees or receivers thereof,
unless said reserved or excepted land shall have been put to
railroad use within 40 years after the date of said deeds of
conveyance, (b) nor any rights under any conditions subsequent
or restrictions contained in any such deeds of conveyance.
Sec. 129. Minnesota Statutes 2004, section 548.09,
subdivision 1, is amended to read:
Subdivision 1. [ENTRY AND DOCKETING; SURVIVAL OF
JUDGMENT.] Except as provided in section 548.091, every judgment
requiring the payment of money shall be entered by the court
administrator when ordered by the court and will be docketed by
the court administrator upon the filing of an affidavit as
provided in subdivision 2. Upon a transcript of the docket
being filed with the court administrator in any other county,
the court administrator shall also docket it. From the time of
docketing the judgment is a lien, in the amount unpaid, upon all
real property in the county then or thereafter owned by the
judgment debtor, but it is not a lien upon registered land
unless it is also filed recorded pursuant to sections 508.63 and
508A.63. The judgment survives, and the lien continues, for ten
years after its entry. Child support judgments may be renewed
pursuant to section 548.091.
Sec. 130. Minnesota Statutes 2004, section 548.25, is
amended to read:
548.25 [VACATING REAL ESTATE JUDGMENT; WITHIN WHAT TIME.]
No judgment or decree quieting title to land or determining
the title thereto or adverse claims therein heretofore entered
or hereafter to be entered shall be adjudged invalid or set
aside, unless the action or proceeding to vacate or set aside
such judgment or decree shall be commenced, or application for
leave to defend be made, within five years from the time of
filing recording a certified copy of such judgment or decree in
the office of the county recorder of the county in which the
lands affected by such judgment or decree are situated.
Sec. 131. Minnesota Statutes 2004, section 550.31, is
amended to read:
550.31 [CREDITOR TO FILE RECORD ORDER WITH COUNTY
RECORDER.]
For the purpose of such redemption a creditor whose claim
against the estate of a decedent shall have been so allowed
shall file for record in the office of the county recorder of
the county in which the real estate sought to be redeemed is
situated, within the year of redemption, a certified copy of the
order of the court allowing such claim, and thereupon such claim
shall constitute a lien upon the unexempt real estate of the
decedent sold upon foreclosure or execution. The creditor shall
also within such time file a notice in the office of such county
recorder briefly describing the sale of the decedent's lands, a
description of the lands sold, and stating, in a general way,
the nature, date and amount of the claim of the creditor, and
that the creditor intends to redeem such lands from the sale
thereof described in such notice. In the case of redemption
from execution sales such notice shall also be filed in the
office of the court administrator of the district court in which
such lands are situated.
Sec. 132. Minnesota Statutes 2004, section 550.32, is
amended to read:
550.32 [FILING RECORDING TO DETERMINE PRIORITY.]
In the event more than one such proved and allowed claim
shall be so filed and recorded for the purposes of such
redemption, then, as between the owners of such claims, their
right to redeem shall be in the order in which such claims were
originally filed recorded, succession commencing with the oldest
in point of time; that as to the creditors of the decedent
having a lien or liens, either legal or equitable, upon the
lands of a decedent and existing otherwise than by allowance in
probate, the creditors of the decedent whose claims have been
allowed in probate shall be subsequent or junior thereto.
Sec. 133. Minnesota Statutes 2004, section 559.17,
subdivision 2, is amended to read:
Subd. 2. [ASSIGNMENT; CONDITIONS.] A mortgagor may assign,
as additional security for the debt secured by the mortgage, the
rents and profits from the mortgaged real property, if the
mortgage:
(1) was executed, modified or amended subsequent to August
1, 1977;
(2) secured an original principal amount of $100,000 or
more or is a lien upon residential real estate containing more
than four dwelling units; and
(3) is not a lien upon property which was:
(i) entirely homesteaded as agricultural property; or
(ii) residential real estate containing four or fewer
dwelling units where at least one of the units is homesteaded.
The assignment may be enforced, but only against the
nonhomestead portion of the mortgaged property, as follows:
(a) if, by the terms of an assignment, a receiver is to be
appointed upon the occurrence of some specified event, and a
showing is made that the event has occurred, the court shall,
without regard to waste, adequacy of the security, or solvency
of the mortgagor, appoint a receiver who shall, with respect to
the excess cash remaining after application as provided in
section 576.01, subdivision 2, apply it as prescribed by the
assignment. If the assignment so provides, the receiver shall
apply the excess cash in the manner set out herein from the date
of appointment through the entire redemption period from any
foreclosure sale. Subject to the terms of the assignment, the
receiver shall have the powers and duties as set forth in
section 576.01, subdivision 2; or
(b) if no provision is made for the appointment of a
receiver in the assignment or if by the terms of the assignment
a receiver may be appointed, the assignment shall be binding
upon the assignor unless or until a receiver is appointed
without regard to waste, adequacy of the security or solvency of
the mortgagor, but only in the event of default in the terms and
conditions of the mortgage, and only in the event the assignment
requires the holder thereof to first apply the rents and profits
received as provided in section 576.01, subdivision 2, in which
case the same shall operate against and be binding upon the
occupiers of the premises from the date of filing recording by
the holder of the assignment in the office of the county
recorder or the office of the registrar of titles for the county
in which the property is located of a notice of default in the
terms and conditions of the mortgage and service of a copy of
the notice upon the occupiers of the premises. The holder of
the assignment shall apply the rents and profits received in
accordance with the terms of the assignment, and, if the
assignment so provides, for the entire redemption period from
any foreclosure sale. A holder of an assignment who enforces it
in accordance with this clause shall not be deemed to be a
mortgagee in possession with attendant liability.
Nothing contained herein shall prohibit the right to
reinstate the mortgage debt granted pursuant to section 580.30,
nor the right to redeem granted pursuant to sections 580.23 and
581.10, and any excess cash, as that term is used herein,
collected by the receiver under clause (a), or any rents and
profits taken by the holder of the assignment under clause (b),
shall be credited to the amount required to be paid to effect a
reinstatement or redemption.
Sec. 134. Minnesota Statutes 2004, section 559.17,
subdivision 3, is amended to read:
Subd. 3. [EXPIRATION, SATISFACTION, RELEASE, AND
ASSIGNMENT.] (a) An assignment of rents and profits under this
section, whether in the mortgage or in a separate instrument,
shall expire:
(1) with respect to the rents and profits from all of the
mortgaged property, when an action or proceeding to foreclose
the mortgage is barred by section 541.03, or upon recording in
the office of the county recorder or filing in the office of the
registrar of titles of the county where the mortgaged property
is located, of a satisfaction of the mortgage or a certificate
of release complying with section 507.401 in lieu of a
satisfaction of the mortgage; or
(2) with respect to the rents and profits from a portion of
the mortgaged property, upon recording in the office of the
county recorder or filing in the office of the registrar of
titles of the county where that portion of the mortgaged
property is located, of a release of that portion of the
mortgaged property from the lien of the mortgage, or a
certificate of release complying with section 507.401 in lieu of
a release of that portion of the mortgaged property.
No separate reassignment of the rents and profits or
satisfaction or release of the assignment is required.
(b) An assignment of a mortgage, whether or not the
mortgage mentions an assignment of rents and profits, is
sufficient to assign both the mortgage and the assignment of
rents and profits permitted by this subdivision which secures
the debt secured by the mortgage, and no separate assignment of
the assignment of rents and profits shall be required.
Sec. 135. Minnesota Statutes 2004, section 559.209,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] A mediation notice must contain the
following notice with the blanks properly filled in.
"TO: ....(Name of Contract for Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable
Location of Property, Not Legal Description)....
AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed
Vendor).... INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE
PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT
IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION
RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS
POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR
HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM
IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
FROM: ....(Name and Address of Contract for Deed
Vendor)...."
Sec. 136. Minnesota Statutes 2004, section 559.21,
subdivision 4, is amended to read:
Subd. 4. [LAW PREVAILS OVER CONTRACT; PROCEDURE;
CONDITIONS.] (a) The notice required by this section must be
given notwithstanding any provisions in the contract to the
contrary, except that earnest money contracts, purchase
agreements, and exercised options that are subject to this
section may, unless by their terms they provide for a longer
termination period, be terminated on 30 days' notice, or may be
canceled under section 559.217. The notice must be served
within the state in the same manner as a summons in the district
court, and outside of the state, in the same manner, and without
securing any sheriff's return of not found, making any
preliminary affidavit, mailing a copy of the notice or doing any
other preliminary act or thing whatsoever. Service of the
notice outside of the state may be proved by the affidavit of
the person making the same, made before an authorized officer
having a seal, and within the state by such an affidavit or by
the return of the sheriff of any county therein.
(b) If a person to be served is a resident individual who
has departed from the state, or cannot be found in the state; or
is a nonresident individual or a foreign corporation,
partnership, or association, service may be made by publication
as provided in this paragraph. Three weeks' published notice
has the same effect as personal service of the notice. The
published notice must comply with subdivision 3 and state (1)
that the person to be served is allowed 90 days after the first
date of publication of the notice to comply with the conditions
of the contract, and (2) that the contract will terminate 90
days after the first date of publication of the notice, unless
before the termination date the purchaser complies with the
notice. If the real estate described in the contract is
actually occupied, then, in addition to publication, a person in
possession must be personally served, in like manner as the
service of a summons in a civil action in state district court,
within 30 days after the first date of publication of the
notice. If an address of a person to be served is known, then
within 30 days after the first date of publication of the notice
a copy of the notice must be mailed to the person's last known
address by first class mail, postage prepaid.
(c) The contract is reinstated if, within the time
mentioned, the person served:
(1) complies with the conditions in default;
(2) if subdivision 1d or 2a applies, makes all payments due
and owing to the seller under the contract through the date that
payment is made;
(3) pays the costs of service as provided in subdivision
1b, 1c, 1d, or 2a;
(4) if subdivision 2a applies, pays two percent of the
amount in default, not including the final balloon payment, any
taxes, assessments, mortgages, or prior contracts that are
assumed by the purchaser; and
(5) pays attorneys' fees as provided in subdivision 1b, 1c,
1d, or 2a.
(d) The contract is terminated if the provisions of
paragraph (c) are not met.
(e) In the event that the notice was not signed by an
attorney for the seller and the seller is not present in the
state, or cannot be found in the state, then compliance with the
conditions specified in the notice may be made by paying to the
court administrator of the district court in the county wherein
the real estate or any part thereof is situated any money due
and filing proof of compliance with other defaults specified,
and the court administrator of the district court shall be
deemed the agent of the seller for such purposes. A copy of the
notice with proof of service thereof, and the affidavit of the
seller, the seller's agent or attorney, showing that the
purchaser has not complied with the terms of the notice, may be
recorded with the county recorder or registrar of titles, and is
prima facie evidence of the facts stated in it; but this section
in no case applies to contracts for the sale or conveyance of
lands situated in another state or in a foreign country. If the
notice is served by publication, the affidavit must state that
the affiant believes that the party to be served is not a
resident of the state, or cannot be found in the state, and
either that the affiant has mailed a copy of the notice by first
class mail, postage prepaid, to the party's last known address,
or that such address is not known to the affiant.
Sec. 137. Minnesota Statutes 2004, section 559.23, is
amended to read:
559.23 [ACTION TO DETERMINE BOUNDARY LINES.]
An action may be brought by any person owning land or any
interest therein against the owner, or persons interested in
adjoining land, to have the boundary lines established; and when
the boundary lines of two or more tracts depend upon any common
point, line, or landmark, an action may be brought by the owner
or any person interested in any of such tracts, against the
owners or persons interested in the other tracts, to have all
the boundary lines established. The court shall determine any
adverse claims in respect to any portion of the land involved
which it may be necessary to determine for a complete settlement
of the boundary lines, and shall make such order respecting
costs and disbursements as it shall deem just. The decree of
the court shall be filed with the court administrator, and a
certified copy thereof shall be recorded in the office of the
county recorder or filed in the office of registrar of titles or
both, if necessary; provided that such decree shall not be
accepted for such recording or filing until it shall be
presented to the county auditor who shall enter the same in the
transfer record and note upon the instrument over the auditor's
official signature the words "ENTERED IN THE TRANSFER RECORD."
Sec. 138. Minnesota Statutes 2004, section 570.061,
subdivision 2, is amended to read:
Subd. 2. [EXECUTION ON REAL ESTATE.] Real estate shall be
attached by the filing recording of the sheriff of a sheriff's
certified copy of the order and of a return of attachment
containing a description of the real estate with the county
recorder, or with the registrar of titles with respect to
registered property, for the county in which the real estate is
located, and serving a copy of the order and return upon the
respondent in the manner provided for a service of a summons, if
the respondent can be found in the county. If the respondent
cannot be found in that county, the order and return shall be
mailed by registered mail or certified mail to the respondent's
last known address. The attachment shall be a lien on the
interest of the respondent in the real estate from the time
of filing the order recording with the recorder or registrar.
Sec. 139. Minnesota Statutes 2004, section 570.11, is
amended to read:
570.11 [SATISFACTION AND DISCHARGE; REAL ESTATE.]
An attachment of real estate may be released by filing for
record recording with the county recorder or the registrar of
titles for registered property:
(1) a certified copy of an order of the court vacating the
attachment, or of a final judgment in the respondent's favor, or
a satisfaction of judgment in the claimant's favor, rendered in
the civil action;
(2) a certificate of satisfaction or discharge of the
attachment, executed and acknowledged by the claimant or the
claimant's attorney, as required for the satisfaction of a
mortgage; or
(3) a deed of release of the attached premises, or of any
part or interest therein, in which case the parts or interests
not described in the deed shall remain subject to the attachment
lien.
Sec. 140. Minnesota Statutes 2004, section 570.14, is
amended to read:
570.14 [ATTACHMENTS AND RELEASES; RECORD AND INDEX.]
All copies of orders of attachment filed for record with
the county recorder prescribed for recording, and all
satisfactions or releases of attachments of real estate
thereunder, shall be recorded by the county recorder in the
books provided for the record current method of recording
mortgages, and shall be indexed as if the respondent in the
attachment were a mortgagor and the claimant a mortgagee.
Sec. 141. Minnesota Statutes 2004, section 576.01,
subdivision 2, is amended to read:
Subd. 2. [MORTGAGE APPOINTMENTS.] A receiver shall be
appointed in the following case:
After the first publication of notice of sale for the
foreclosure of a mortgage pursuant to chapter 580, or with the
commencement of an action to foreclose a mortgage pursuant to
chapter 581, and during the period of redemption, if the
mortgage being foreclosed secured an original principal amount
of $100,000 or more or is a lien upon residential real estate
containing more than four dwelling units and was not a lien upon
property which was entirely homesteaded, residential real estate
containing four or less dwelling units where at least one unit
is homesteaded, or agricultural property, the foreclosing
mortgagee or the purchaser at foreclosure sale may at any time
bring an action in the district court of the county in which the
mortgaged premises or any part thereof is located for the
appointment of a receiver; provided, however, if the foreclosure
is by action under chapter 581, a separate action need not be
filed. Pending trial of the action on the merits, the court may
make a temporary appointment of a receiver following the
procedures applicable to temporary injunctions under the Rules
of Civil Procedure. If the motion for temporary appointment of
a receiver is denied, the trial of the action on the merits
shall be held as early as practicable, but not to exceed 30 days
after the motion for temporary appointment of a receiver is
heard. The court shall appoint a receiver upon a showing that
the mortgagor has breached a covenant contained in the mortgage
relating to any of the following:
(1) application of tenant security deposits as required by
section 504B.178;
(2) payment when due of prior or current real estate taxes
or special assessments with respect to the mortgaged premises,
or the periodic escrow for the payment of the taxes or special
assessments;
(3) payment when due of premiums for insurance of the type
required by the mortgage, or the periodic escrow for the payment
of the premiums;
(4) keeping of the covenants required of a landlord or
licensor pursuant to section 504B.161, subdivision 1.
The receiver shall be an experienced property manager. The
court shall determine the amount of the bond to be posted by the
receiver.
The receiver shall collect the rents, profits and all other
income of any kind, manage the mortgaged premises so to prevent
waste, execute leases within or beyond the period of the
receivership if approved by the court, pay the expenses listed
in clauses (1), (2), and (3) in the priority as numbered, pay
all expenses for normal maintenance of the mortgaged premises
and perform the terms of any assignment of rents which complies
with section 559.17, subdivision 2. Reasonable fees to the
receiver shall be paid prior thereto. The receiver shall file
periodic accountings as the court determines are necessary and a
final accounting at the time of discharge.
The purchaser at foreclosure sale shall have the right, at
any time and without limitation as provided in section 582.03,
to advance money to the receiver to pay any or all of the
expenses which the receiver should otherwise pay if cash were
available from the mortgaged premises. Sums so advanced, with
interest, shall be a part of the sum required to be paid to
redeem from the sale. The sums shall be proved by the affidavit
of the purchaser, an agent or attorney, stating the expenses and
describing the mortgaged premises. The affidavit must be filed
for record recorded with the county recorder or the registrar of
titles, and a copy thereof shall be furnished to the sheriff and
the receiver at least ten days before the expiration of the
period of redemption.
Any sums collected which remain in the possession of the
receiver at termination of the receivership shall, in the event
the termination of the receivership is due to the reinstatement
of the mortgage debt or redemption of the mortgaged premises by
the mortgagor, be paid to the mortgagor; and in the event
termination of the receivership occurs at the end of the period
of redemption without redemption by the mortgagor or any other
party entitled to redeem, interest accrued upon the sale price
pursuant to section 580.23 or section 581.10 shall be paid to
the purchaser at foreclosure sale. Any net sum remaining shall
be paid to the mortgagor, except if the receiver was enforcing
an assignment of rents which complies with section 559.17,
subdivision 2, in which case any net sum remaining shall be paid
pursuant to the terms of the assignment.
This subdivision shall apply to all mortgages executed on
or after August 1, 1977, and to amendments or modifications of
such mortgages, and to amendments or modifications made on or
after August 1, 1977, to mortgages executed before August 1,
1977, if the amendment or modification is duly recorded and is
for the principal purpose of curing a default.
Sec. 142. Minnesota Statutes 2004, section 577.02, is
amended to read:
577.02 [REAL ESTATE ASSIGNMENT MUST BE RECORDED.]
If land, or any interest therein, be embraced in the
assignment, a copy thereof, certified by such court
administrator, shall be filed for record recorded with the
county recorder of the county wherein the land lies; and every
such assignment not so filed recorded shall be void as against
any subsequent purchaser in good faith and for a valuable
consideration of the same land, or any interest therein, whose
conveyance is first duly recorded, and as against any attachment
levied thereon or judgment lawfully obtained against the person
in whose name the title to such land appears of record prior to
the filing for record recording of such certified copy.
Sec. 143. Minnesota Statutes 2004, section 577.10, is
amended to read:
577.10 [POWERS OF COURT; REMOVAL AND DISCHARGE.]
The district court shall have supervision of all
proceedings under this chapter. On petition of a creditor, the
court, in its discretion, may, from time to time, require the
assignee to render an account, and to file a report of the
assignee's proceedings and of the condition of the trust estate,
and may order distribution thereof. For cause shown, it may, in
its discretion, remove the assignee, and appoint another
instead, who shall give bond as the court may direct; and the
order of removal and appointment shall, in terms, transfer all
the trust estate to the new assignee, and may be filed for
record recorded with the county recorder of any county wherein
any land affected by the assignment is situated. Upon removal
of an assignee, the court may require the removed assignee to
deliver to the new assignee all property, books of account, and
vouchers belonging to the trust estate, to execute all necessary
transfers, and to render an account and report of all matters
connected therewith. When the assignee has complied with all
the orders of the court, and when any assignee has completed the
trust, the assignee may apply to the court for discharge, first
giving three weeks' published notice of such application; the
last publication to be not more than three weeks prior to the
hearing thereon. If upon the hearing the court is satisfied
that the assignee is entitled to such discharge, it shall so
order; but, if in its opinion anything remains to be done by the
assignee, it shall require the performance thereof before making
such order. A discharge shall not be refused because of any
failure of the assignee to comply with the forms of law, if no
damage has thereby resulted to any person. The order shall have
the effect of discharging the assignee and the assignee's
sureties from all further responsibilities in respect to the
trust. When the trust estate is taken out of the hands of the
assignee by proceedings in bankruptcy in the federal court, the
assignee may be discharged upon showing that the assignee has
fully accounted with the trustee in bankruptcy, and turned over
the whole trust estate to the trustee in bankruptcy. When the
trust estate is taken out of the hands of the assignee by legal
proceedings in any court, or the assignment is declared void as
to creditors, or for any reason the further administration of
the trust is rendered impracticable, inadvisable, or nugatory,
the assignee shall in like manner be discharged.
Sec. 144. Minnesota Statutes 2004, section 580.032,
subdivision 1, is amended to read:
Subdivision 1. [FILING RECORDING REQUEST FOR NOTICE.] A
person having a redeemable interest in real property under
section 580.23 or 580.24, may file for record a request for
notice of a mortgage foreclosure by advertisement with the
county recorder or registrar of titles of the county where the
property is located. To be effective for purposes of this
section, a request for notice must be filed for record recorded
as a separate and distinct document, except a mechanic's lien
statement filed for record recorded pursuant to section 514.08
also constitutes a request for notice if the mechanic's lien
statement includes a legal description of the real property and
the name and mailing address of the mechanic's lien claimant.
Sec. 145. Minnesota Statutes 2004, section 580.032,
subdivision 3, is amended to read:
Subd. 3. [NOTICE OF PENDENCY.] A person foreclosing a
mortgage by advertisement shall file for record a notice of the
pendency of the foreclosure with the county recorder or
registrar of titles in the county in which the property is
located before the first date of publication of the foreclosure
notice but not more than six months before the first date of
publication.
Sec. 146. Minnesota Statutes 2004, section 580.09, is
amended to read:
580.09 [FORECLOSURE OF INSTALLMENT; SALE; PROCEEDS;
REDEMPTION.]
Where a mortgage is given to secure the payment of money by
installments, each installment, either for principal or
interest, or both, as is due at any time, may be taken and
deemed to be a separate and independent mortgage, and such
mortgage for each such installment may be foreclosed by
advertisement or by action, in the same manner and with like
effect as if a separate mortgage were given for each of such
installments, and such foreclosure may be made and sale had
subject to the installments yet to become due upon the mortgage;
and a redemption from any such sale shall have the like effect
as if the sale for such installment had been made upon an
independent subsequent mortgage; provided in such cases the
attorney's fee on the foreclosure so made shall not exceed the
amount permitted by law in case of a mortgage securing the
amount of the debt then due on such foreclosure. The proceeds
of the sale shall be applied first in payment of the costs of
the foreclosure sale, and of the installment due, with interest
thereon, taxes and insurance premiums paid, if any, and then
towards the payment of the residue of the sum secured by such
mortgage, and not due and payable at the time of such sale; and,
if such residue does not bear interest, such application shall
be made with rebate of the legal interest for the time during
which the residue shall not be due and payable; and the surplus,
if any, shall be paid to the subsequent lienors, if any, in the
order of their priority, and then to the owner of the equity of
redemption, the owner's legal representatives or assigns. In
case of redemption from any sale herein authorized, at the
option of the redemptioner, the whole amount remaining unpaid on
the mortgage, with interest and other items, if any, which have
become part of the amount secured by the lien of the mortgage,
may be included in the amount paid on redemption and, in such
event, the redemption so made shall have like effect as if the
foreclosure sale had been made for the entire amount secured by
the mortgage, including such additional items.
Before any sale herein authorized, the holder of the
mortgage shall file with the sheriff a verified itemized
statement in writing showing the entire amount remaining unpaid
on the mortgage, including taxes and insurance premiums paid and
other items which have become part of the amount secured, and
the rate of interest to accrue on same, which statement shall be
subject to public inspection and shall be read by the sheriff at
the sale, immediately after reading the notice of sale. The
certificate of sale shall set forth correctly, in addition to
the amount of sale, the remaining amount still unpaid on and
secured by the mortgage, subject to which the sale is made, and
the rate of interest to accrue on same. If, during the time to
redeem from the sale, any additional or other item, other than
interest at the rate so stated in the certificate, shall attach
to such amount subject to which the sale was made, or any change
shall occur in such amount or the rate of interest thereon, the
facts with respect thereto shall be set forth by affidavit, made
and filed for record recorded, and a copy furnished the sheriff,
in accordance with the provisions of section 582.03, and the
provisions of that section shall apply thereto.
Sec. 147. Minnesota Statutes 2004, section 580.15, is
amended to read:
580.15 [PERPETUATING EVIDENCE OF SALE.]
Any party desiring to perpetuate the evidence of any sale
made in pursuance of this chapter may procure:
(1) an affidavit of the publication of the notice of sale
and of any notice of postponement to be made by the printer of
the newspaper in which the same was inserted or by some person
in the printer's employ knowing the facts;
(2) an affidavit or return of service of such notice upon
the occupant of the mortgaged premises to be made by the officer
or person making such service or, in case the premises were
vacant or unoccupied at the time the service must be made, an
affidavit or return showing that fact, to be made by the officer
or person attempting to make such service;
(3) an affidavit by the person foreclosing the mortgage, or
that person's attorney, or someone knowing the facts, setting
forth the facts relating to the military service status of the
owner of the mortgaged premises at the time of sale;
(4) an affidavit by the person foreclosing the mortgage, or
that person's attorney, or someone having knowledge of the
facts, setting forth the fact of service of notice of sale upon
the secretary of the Treasury of the United States or the
secretary's delegate in accordance with the provisions of
Section 7425 of the Internal Revenue Code of 1954 as amended by
Section 109 of the Federal Tax Lien Act of 1966, and also
setting forth the fact of service of notice of sale upon the
commissioner of revenue of the state of Minnesota in accordance
with the provisions of section 270.69, subdivision 7. Any such
affidavit recorded prior to May 16, 1967 shall be effective as
prima facie evidence of the facts therein contained as though
recorded subsequent to May 16, 1967;
(5) an affidavit by the person foreclosing the mortgage, or
that person's attorney, or someone having knowledge of the
facts, setting forth the names of the persons to whom a notice
of sale was mailed as provided by section 580.032.
Such affidavits and returns shall be recorded by the county
recorder and they and the records thereof, and certified copies
of such records, shall be prima facie evidence of the facts
therein contained.
The affidavit provided for in clause (3) hereof may be made
and filed for record recorded for the purpose of complying with
the provisions of the Soldiers' and Sailors' Civil Relief Act of
1940, passed by the Congress of the United States and approved
on October 17, 1940, and may be made and filed for record
recorded at any time subsequent to the date of the mortgage
foreclosure sale.
Sec. 148. Minnesota Statutes 2004, section 580.17, is
amended to read:
580.17 [AFFIDAVIT OF COSTS.]
Within ten days after the filing for record of the
certificate of sale, the party foreclosing, or the party's
attorney, shall make and file for record with the county
recorder an affidavit containing a detailed bill of the costs
and disbursements of the foreclosure, including attorney's fees,
and setting forth that the same have been absolutely and
unconditionally paid or incurred. Costs and disbursements shall
be allowed as provided in section 549.04.
Sec. 149. Minnesota Statutes 2004, section 580.23,
subdivision 4, is amended to read:
Subd. 4. [WAIVER; 12-MONTH REDEMPTION FOR AG USE.] A
mortgagor, before or at the time of granting a mortgage executed
on or after August 1, 1994, may waive in writing the mortgagor's
right under subdivision 2, clause (6), to have a 12-month
redemption period based upon the premises being in agricultural
use as of the date of execution of the mortgage. The written
waiver must be either a document separate from the mortgage or a
separately executed and acknowledged addendum to the mortgage on
a separate page. If the written waiver is a separate document,
it must be in recordable form and must either recite the
recorded or filed document number of the mortgage or recite the
names of the mortgagor and mortgagee, the legal description of
the mortgaged property, and the date of the mortgage. If the
written waiver is a separate document, it must be recorded in
the office of the county recorder or filed in the office of the
registrar of titles no later than ten days after the recording
or filing of the mortgage. Where there is a waiver of the
rights under subdivision 2, clause (6), the redemption period in
subdivision 1 applies.
Sec. 150. Minnesota Statutes 2004, section 580.24, is
amended to read:
580.24 [REDEMPTION BY CREDITOR.]
(a) If no redemption is made by the mortgagor, the
mortgagor's personal representatives or assigns, the most senior
creditor having a legal or equitable lien upon the mortgaged
premises, or some part of it, subsequent to the foreclosed
mortgage, may redeem within seven days after the expiration of
the redemption period determined under section 580.23 or
582.032, whichever is applicable; and each subsequent creditor
having a lien may redeem, in the order of priority of their
respective liens, within seven days after the time allowed the
prior lienholder by paying the amount required under this
section. However, no creditor is entitled to redeem unless,
within the period allowed for redemption by the mortgagor, the
creditor:
(1) files for record records with each county recorder and
registrar of titles where the foreclosed mortgage is recorded a
notice of the creditor's intention to redeem;
(2) files for record records in each office where the
notice is filed recorded all documents necessary to create the
lien on the mortgaged premises and to evidence the creditor's
ownership of the lien; and
(3) after complying with clauses (1) and (2), delivers to
the sheriff who conducted the foreclosure sale or the sheriff's
successor in office a copy of each of the documents required to
be filed recorded under clauses (1) and (2), with the office,
date and time of filing for record stated on the first page of
each document.
The sheriff shall maintain for public inspection all
documents delivered to the sheriff and shall note the date of
delivery on each document. The sheriff may charge a fee of $100
for the documents delivered to the sheriff relating to each
lien. The sheriff shall maintain copies of documents delivered
to the sheriff for a period of six months after the end of the
mortgagor's redemption period.
(b) Saturdays, Sundays, legal holidays, and the first day
following the expiration of the prior redemption period must be
included in computing the seven-day redemption period. When the
last day of the period falls on Saturday, Sunday, or a legal
holiday, that day must be omitted from the computation. All
mechanic's lienholders who have coordinate liens shall have one
combined seven-day period to redeem.
(c) The amount required to redeem from the holder of the
sheriff's certificate of sale is the amount required under
section 580.23. The amount required to redeem from a person
holding a certificate of redemption is:
(1) the amount paid to redeem as shown on the certificate
of redemption; plus
(2) interest on that amount to the date of redemption; plus
(3) the amount claimed due on the person's lien, as shown
on the affidavit under section 580.25, clause (3).
The amount required to redeem may be paid to the holder of
the sheriff's certificate of sale or the certificate of
redemption, as the case may be, or to the sheriff for the holder.
Sec. 151. Minnesota Statutes 2004, section 580.29, is
amended to read:
580.29 [HOLDER OF JUNIOR MORTGAGE MAY PAY DEFAULT IN PRIOR
MORTGAGE.]
Any person who has a mortgage lien upon any land against
which there exists a prior mortgage may pay any taxes or
assessments on which any penalty would otherwise accrue, and may
pay the premium upon any policy of insurance procured in renewal
of any expiring policy upon mortgaged premises, and may, in case
any interest upon any prior or superior lien is in default, or
any part of the principal shall become due, or amortized
installment which may be in default upon any such prior lien,
pay the same, and all such sums so paid shall become due upon
such payment and be a part of the debt secured by such junior
mortgage, shall bear interest from date of payment at the same
rate as the indebtedness secured by such prior lien, and shall
be collectible with, as a part of, and in the same manner as,
the amount secured by such junior mortgage. Such payments shall
be proved by the affidavit of the junior mortgagee, the junior
mortgagee's agent or attorney, stating the items and describing
the premises, and a copy must be filed for record recorded with
the county recorder.
Sec. 152. Minnesota Statutes 2004, section 600.21, is
amended to read:
600.21 [COPIES OF RECORD OF DEATH; RECORDATION.]
In all cases of joint tenancy in lands, and in all cases
where any estate, title interest in, or lien upon, lands, has
been or may be created, which estate, title interest, or lien
was, or is, to continue only during the life of any person named
or described in the instrument by which such estate, title,
interest, or lien was created, a copy of the record of the death
of any such joint tenant, or of the person upon whose life such
estate, title, interest, or lien was, or is, limited, duly
certified by any officer who is required by the law of the state
or country in which such record is made, to keep a record of the
death of persons occurring within the jurisdiction of such
officer, may be recorded in the office of the county recorder or
registrar of titles of the county in which such lands are
situated, and such certified copy or such record thereof in such
office, or a duly certified copy of such last mentioned record,
shall be prima facie evidence of the death of such person and
the termination of such joint tenancy and of all such estate,
title, interest, and lien as was, or is, limited upon the life
of such person. When a certified copy of such death record is
attached to an affidavit of survivorship the same shall, prior
to recordation in the office of the county recorder or registrar
of titles, be presented to the county auditor of the county
wherein such estate, title, interest, or lien is situated and
the county auditor shall note the transfer on the books and
shall inscribe upon the instrument over the auditor's official
signature the words "Transfer entered." Until so presented and
indication made thereon, said instrument shall not be entitled
to record in the office of the county recorder or registrar of
titles of said county.
Sec. 153. [REPEALER.]
Minnesota Statutes 2004, sections 386.183; 386.34; 386.53;
and 580.16, are repealed.
Presented to the governor March 3, 2005
Signed by the governor March 7, 2005, 10:30 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes