2000 Minnesota Statutes

CHAPTER 557. Actions relating to real property

     557.01 Nonresident, agent to accept service.  

    Any nonresident person or corporation owning or claiming 
 any interest or lien in or upon lands in the state may file with 
 the secretary of state a writing, executed and acknowledged in 
 the manner of a conveyance, appointing a resident agent, whose 
 place of residence shall be stated, to accept service of process 
 or summons in any action or proceeding in the courts of the 
 state concerning such interest or lien, except actions or 
 proceedings for the collection of taxes, and consenting that 
 service of such process or summons upon such agent shall be 
 binding upon the person executing the same.  Such writing shall 
 be recorded by the secretary.  No service by publication of 
 summons shall be made upon any such nonresident who has complied 
 with the provisions hereof, but in all such cases service of 
 such process or summons, or of any writ or notice in the action 
 or proceedings, shall be made upon such agent in the manner 
 provided by law for such service upon residents of the state, 
 and have the same effect as personal service within the state 
 upon such owner or claimant; but, if such party appears by 
 attorneys therein, the service of papers shall thereafter be 
 upon such attorney.  The authority of such agent may be revoked 
 by writing similarly executed and acknowledged and recorded, but 
 no revocation shall affect any action or proceeding then 
 pending.  For filing and recording such papers the secretary 
 shall be entitled to 15 cents for each folio.  

    HIST: (9520) RL s 4387 

     557.02 Notice of lis pendens. 

    In all actions in which the title to, or any interest in or 
 lien upon, real property is involved or affected, or is brought 
 in question by either party, any party thereto, at the time of 
 filing the complaint, or at any time thereafter during the 
 pendency of such action, may file for record with the county 
 recorder of each county in which any part of the premises lies a 
 notice of the pendency of the action, containing the names of 
 the parties, the object of the action, and a description of the 
 real property in such county involved, affected or brought in 
 question thereby.  From the time of the filing of such notice, 
 and from such time only, the pendency of the action shall be 
 notice to purchasers and encumbrancers of the rights and 
 equities of the party filing the same to the premises.  When any 
 pleading is amended in such action, so as to alter the 
 description of, or to extend the claim against, the premises 
 affected, a new notice may be filed, with like effect.  Such 
 notice shall be recorded in the same book and in the same manner 
 in which mortgages are recorded, and may be discharged by an 
 entry to that effect in the margin of the record by the party 
 filing the same, or the party's attorney, in the presence of the 
 recorder, or by writing executed and acknowledged in the manner 
 of conveyance, whereupon the recorder shall enter a minute 
 thereof on the margin of such record.  The filing of such lis 
 pendens at the time of filing the complaint and before the 
 commencement of the action shall have no force, effect, or 
 validity against the premises described in the lis pendens, 
 unless the filing of the complaint is followed by the service of 
 the summons in the action within 90 days after the filing of the 
 complaint therein.  Any party claiming any title or interest in 
 or to the real property involved or affected may on such notice 
 as the court shall in each case prescribe, make application to 
 the district court in the county in which the action is pending 
 or in which the real property involved or affected is situated, 
 for an order discharging the lis pendens of record, when any 
 such action has not been brought on for trial within two years 
 after the filing of the lis pendens and in case the court orders 
 the lis pendens discharged of record upon the filing of a 
 certified copy of the order of the court in the office of the 
 county recorder, where the real property is situated, the lis 
 pendens shall be void and of no force nor effect. 

    HIST: (9521) RL s 4389; 1907 c 332 s 1; 1919 c 527 s 1; 1976 c 
 181 s 2; 1986 c 444 

     557.021 Lis pendens; notice; limit, ten years.  

    On and after January 1, 1948, no lis pendens now of record 
 or hereafter filed shall be notice, either actual or 
 constructive, of the pendency of any action or of any of the 
 matters referred to in the court files and records pertaining to 
 the action noticed by such lis pendens, after such lis pendens 
 has been of record for ten years unless a new notice of lis 
 pendens in the same action is filed within said ten years.  

    HIST: 1947 c 326 s 1 

  557.022 Repealed, 1996 c 310 s 1 

     557.023 Application.  

    Nothing in sections 557.021 to 557.023 shall increase the 
 effect or lengthen the term for which a lis pendens is notice 
 under any existing law, nor create a right to renew the 
 operation of a lis pendens already barred by some other law.  

    HIST: 1947 c 326 s 3 

     557.03 Notice of no personal claim.  

    When in any such action there are defendants against whom 
 no personal claim is made, the plaintiff may serve upon them, at 
 the time of the service of the summons, a notice subscribed by 
 the plaintiff or the plaintiff's attorney, and setting forth the 
 general object of the action, a description of the property 
 affected by it, and that no personal claim is made against such 
 defendants.  If any defendant on whom such notice is served 
 unreasonably defends the action, that defendant shall pay full 
 costs to the plaintiff.  

    HIST: (9522) RL s 4390; 1986 c 444 

  557.04 Repealed, 1974 c 394 s 12 

     557.05 Reversioner may sue.  

    A person seized of an estate in remainder or reversion may 
 maintain a civil action for any injury done to the inheritance, 
 notwithstanding an intervening estate for life or years.  

    HIST: (9578) RL s 4444 

     557.06 Action against cotenant.  

    One joint tenant or tenant in common, and the tenant's 
 executors or administrators, may maintain an action against a 
 cotenant for receiving more than the just proportion of the 
 rents and profits of the estate owned by them as joint tenants 
 or tenants in common.  

    HIST: (9579) RL s 4445; 1986 c 444 

     557.07 Settler; action for possession.  

    Any person who has settled on not more than 160 acres, 
 consisting of not more than two distinct tracts, of the lands 
 belonging to the United States, on which settlement is not 
 prohibited by the general government, may maintain an action for 
 injuries done thereto, or to recover the possession thereof, 
 provided the settler has made improvements thereon of the value 
 of $50 and has actually occupied or cultivated the same.  A 
 neglect to occupy or cultivate such land, continued for six 
 months, shall be deemed an abandonment, and preclude such person 
 from maintaining such action.  

    HIST: (9589) RL s 4453; 1986 c 444 

     557.08 Forcible eviction; treble damages.  

    If a person who is put out of real property in a forcible 
 manner without lawful authority, or who, being so put out, is 
 afterwards kept out by force, shall recover damages therefor, 
 judgment may be entered for three times the amount at which the 
 actual damages are assessed.  

    HIST: (9587) RL s 4451 

     557.09 Forcible entry; treble damages.  

    In case of forcible entry and detention, if a person, 
 claiming in good faith, under color of title, to be rightfully 
 in possession, so put out or kept out, shall recover damages 
 therefor, judgment may be entered in that person's favor for 
 three times the amount at which the actual damages are assessed. 

    HIST: (9588) RL s 4452; 1986 c 444 

     557.10 Ownership of crops. 

    Planted and growing crops are personal property of the 
 person or entity that has the property right to plant the crops. 

    HIST: 1986 c 398 art 12 s 2 

     557.11 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to this section and section 557.12. 

    Subd. 2.    Planting crop owner.  "Planting crop owner" 
 means the person or entity that has a property right to plant 
 crops, including a leasehold interest, the interest of a 
 contract for deed vendee, and the redemption interest of a 
 foreclosed mortgagor.  

    Subd. 3.    Crop value.  "Crop value" means the value of 
 the crop and crop inputs, including the real property fair 
 market rental value, up to the time the planting crop owner's 
 property right to harvest the crop is terminated.  

    HIST: 1986 c 398 art 12 s 3 

     557.12 Harvesting crops after termination of property 
  interests. 

    Subdivision 1.    Termination after crops planted.  If 
 the planting crop owner's property right to harvest crops is 
 involuntarily terminated before the crops are harvested, the 
 person or entity with the property right to harvest the crops is 
 liable to the planting crop owner for the crop value.  

    Subd. 2.    Planter's lien.  A planting crop owner has a 
 lien for the crop value that attaches to the crop and crop 
 products, and if the lien is not satisfied under subdivision 3, 
 a planting crop owner has a lien for the crop value that 
 attaches to the real property where the crop was planted.  

    Subd. 3.    Satisfaction of lien.  (a) A person with the 
 right to harvest a crop that is subject to a planting crop 
 owner's lien may satisfy the lien by:  

    (1) compensating the planting crop owner for the crop 
 value; or 

    (2) allowing the planting crop owner to enter the property 
 to grow and harvest the crops, and charging the planting crop 
 owner the fair market rental value of the property where the 
 crop was grown for the period when the planting crop owner's 
 right to harvest the crops was terminated until the crops are 
 harvested.  

    (b) If the person with the right to harvest the crop does 
 not notify the planting crop owner within 30 days after 
 termination of the planting crop owner's right to harvest the 
 crops that the lien will be satisfied under paragraph (a), 
 clause (2), the person with the right to harvest the crop must 
 satisfy the lien under clause (1) unless otherwise agreed by the 
 planting crop owner. 

    Subd. 4.    Lien on harvest by planter; priority.  If 
 the person with the right to harvest the crop satisfies the 
 planting crop owner's lien by allowing the planting crop owner 
 to harvest the crops, the person with the right to harvest the 
 crops has a lien for the fair market rental value of the 
 property where the crop was grown that attaches to the crops and 
 crop products.  The perfected lien has priority over all other 
 liens and security interests in the crop and crop products.  

    Subd. 5.    Filing and enforcement of liens.  (a) A 
 planting crop owner's lien under subdivision 2 and a lien for 
 the fair market rental value where the crop was grown under 
 subdivision 4 are perfected against the crop and crop products 
 by attaching and filing a financing statement covering the crop 
 and crop products as provided under sections 336.9-401 to 
 336.9-410 by 90 days after the planting crop owner's right to 
 harvest the crop is terminated.  The financing statement must 
 include a statement indicating whether it is a planting crop 
 owner's lien or a lien for a crop harvested by a planting crop 
 owner.  A perfected lien may be enforced in the same manner as a 
 security interest under sections 336.9-501 to 336.9-508. 

    (b) A lien against the real property under subdivision 2 
 must be recorded and foreclosed in the same manner as a 
 mechanics' lien under sections 514.08 to 514.15 as if the 
 planting crop owner was a contractor.  For purposes of this 
 paragraph, the lien statement must be filed and served under 
 section 514.08, subdivision 1, by 120 days after the crop was 
 harvested, or if the crop was not harvested, by 12 months after 
 the crop was planted. 

    HIST: 1986 c 398 art 12 s 4