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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.

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