2004 Minnesota Statutes

CHAPTER 463. Buildings; easements, regulations, hazards

BUILDING LINE EASEMENTS

     463.01 Building lines, easements; existing structures. 

    The council of any city, including any city of this state 
 operating under a home rule charter adopted pursuant to the 
 Constitution of the state of Minnesota, article 4, section 36, 
 article XI, section 4, or article XII, section 5, may establish 
 along any street or highway within such city a building line 
 upon the land adjoining such street or highway, or any portion 
 thereof, and distant not more than 50 feet from the margin of 
 such street or highway, and may, in behalf of the city, acquire 
 an easement in the land between such line and exterior street 
 line, such that no buildings or structures shall be erected or 
 maintained upon this land.  Such easement shall be known as a 
 building line easement.  The governing body may, at the time 
 they designate the easement to be acquired and define the line 
 by which it is bounded, provide in the resolution designating 
 such easement that buildings or structures or any portions of 
 buildings or structures existing within the boundaries of the 
 easement at that time may remain thereon for stated periods of 
 time or remain thereon during the life of such buildings or 
 structures or portions thereof, but no alteration of any such 
 buildings or structures or portions thereof upon such easement 
 shall be permitted after the designation of such easements, and 
 when such buildings are removed no other buildings or structures 
 shall be erected thereon.  Such permission to maintain existing 
 structures upon such easement shall be clearly defined as to 
 time in such resolution and shall confer the right upon the 
 owner of such buildings or structures or portions thereof to 
 maintain the same as defined in such resolution.  

    HIST: (1321-1) 1903 c 194 s 1; 1923 c 193 s 1; 1997 c 7 art 4 
 s 5 

     463.02 Grant, condemnation or dedication. 

    Such easement may be acquired by the council by purchase, 
 by grant, or by condemnation.  It may also be created by 
 dedication by indicating such building line upon any plat 
 hereafter recorded in the office of the county recorder of the 
 county where the land lies; and the council shall have power to 
 refuse to accept or approve plats of lands unless building lines 
 are shown thereon. 

    HIST: (1321-2) 1903 c 194 s 2; 1919 c 504 s 1; 1976 c 181 s 2 

     463.03 Along parks and parkways.  

    Any board of park commissioners having control of any park 
 or parkway may in like manner acquire building line easements 
 along the same, or any portion thereof.  

    HIST: (1321-3) 1903 c 194 s 3 

     463.04 Condemnation proceedings for building line 
  easements. 

    The easement above specified may be acquired by proceedings 
 to be conducted in accordance with chapter 117 by the board of 
 park commissioners, in case of parks and parkways controlled by 
 a board of park commissioners, and by the city council in other 
 cases. 

    The term "governing body" is used in sections 463.04 to 
 463.07 to designate the appropriate body in any given case, 
 whether the city council, or board of park commissioners.  The 
 governing body shall first designate the easement to be acquired 
 and define the lines by which it is bounded, and shall have 
 power to condemn for the use of the public a building line 
 easement as defined above, and when such condemnation shall have 
 been completed, as in this section provided, the title to such 
 easement shall pass to and be vested in the city for the public 
 use.  For the purpose of making the condemnation all the tracts 
 of land required for any improvement may be included in the same 
 proceeding. 

    No such easement shall include or take in any portion of a 
 private residence existing at the time of the passage of 
 sections 463.01 to 463.07 excepting by purchase or grant. 

    HIST: (1321-4) 1903 c 194 s 4; 1976 c 44 s 64 

  463.05 Repealed, 1976 c 44 s 70 

     463.06 Plats; assessment copy to auditor; collection, 
  payment. 

    As soon as such condemnation proceedings have been 
 completed, it shall be the duty of such governing body to cause 
 plats of such improvement to be made, which shall be copies of 
 the original plat on file, with a list of the parcels of land 
 taken and the amount paid on account of each parcel, and to file 
 one of such plats and list duly certified by the president of 
 the governing body and the clerk or secretary, as the case may 
 be, in each of the following offices:  The office of the city 
 engineer, the office of the county recorder of the county, and 
 the office of the city clerk or secretary of the park board, as 
 the case may be; and the same shall be prima facie evidence of 
 the full and complete condemnation and appropriation of such 
 easement for the public use.  As soon as the assessments are 
 confirmed, the secretary of the board of park commissioners or 
 the city clerk, or the court administrator of the district 
 court, as the case may be, shall transmit a copy thereof duly 
 certified, to the county auditor of the county in which the 
 lands lie. The county auditor shall include the same in the next 
 general tax list for the collection of state, county and city 
 taxes, against the several tracts or parcels of land, and the 
 assessments shall be collected with and as a part of, and shall 
 be subject to the same penalties, costs and interest, as the 
 general taxes.  Such assessments shall be set down in the tax 
 books in an appropriate column to be headed, "Building Line 
 Assessments," and when collected a separate account thereof 
 shall be kept by the county auditor, and the same shall be 
 transmitted to the treasurer of the city, and placed to the 
 credit of the proper fund. 

    HIST: (1321-6) 1903 c 194 s 6; 1919 c 504 s 8; 1976 c 181 s 2; 
 1Sp1986 c 3 art 1 s 82 

     463.07 Vacation of easement.  

    The governing body shall have power at any time to vacate 
 such building line easement or any portion thereof.  

    HIST: (1321-7) 1903 c 194 s 7 

  463.08 Repealed, 1949 c 119 s 110 

  463.09 Repealed, 1976 c 44 s 70 

  463.10 Repealed, 1976 c 44 s 70 

  463.11 Repealed, 1976 c 44 s 70 

  463.12 Repealed, 1976 c 44 s 70 

  463.13 Repealed, 1976 c 44 s 70 

HAZARDOUS AND

SUBSTANDARD BUILDINGS

     463.15 Definitions. 

    Subdivision 1.    Coverage.  For purposes of sections 
 463.15 to 463.26 the terms defined in this section have the 
 meanings given them. 

    Subd. 2.    Building.  "Building" includes any 
 structure or part of a structure. 

    Subd. 3.    Hazardous building or hazardous property.  
 "Hazardous building or hazardous property" means any building or 
 property, which because of inadequate maintenance, dilapidation, 
 physical damage, unsanitary condition, or abandonment, 
 constitutes a fire hazard or a hazard to public safety or health.

    Subd. 3a.    Municipality.  "Municipality" means a 
 county, city, or town. 

    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. 

    HIST: 1965 c 393 s 1; 1967 c 324 s 1; 1976 c 181 s 2; 1989 c 
 328 art 6 s 5,6; 2004 c 147 s 1 

     463.151 Removal by municipality; consent; cost. 

    The governing body of any municipality may remove or raze 
 any hazardous building or remove or correct any hazardous 
 condition of real estate upon obtaining the consent in writing 
 of all owners of record, occupying tenants, and all lien holders 
 of record; the cost shall be charged against the real estate as 
 provided in section 463.21, except the governing body may 
 provide that the cost so assessed may be paid in not to exceed 
 five equal annual installments with interest thereon, at eight 
 percent per annum.  

    HIST: 1967 c 324 s 2; 1974 c 341 s 1; 2004 c 147 s 2 

     463.152 Exercise of eminent domain. 

    Subdivision 1.    Purpose, public interest.  In order 
 to maintain a sufficient supply of adequate, safe, and sanitary 
 housing and buildings used for living, commercial, industrial, 
 or other purposes or any combination of purposes, it is found 
 that the public interest requires that municipalities be 
 authorized to acquire buildings, real estate on which buildings 
 are located, or vacant or undeveloped real estate which are 
 found to be hazardous within the meaning of section 463.15, 
 subdivision 3, and the acquisition of such buildings and real 
 estate is hereby declared to be a public purpose. 

    Subd. 2.    Acquisition; procedure.  In furtherance of 
 the public policy declared in subdivision 1, the governing body 
 of any municipality may acquire any hazardous building, real 
 estate on which any such building is located, or vacant or 
 undeveloped real estate by eminent domain in the manner provided 
 by chapter 117. 

    HIST: 1974 c 341 s 3; 1976 c 2 s 140; 2004 c 147 s 3 

     463.16 Repair or remove hazardous property condition. 

    The governing body of any municipality may order the owner 
 of any hazardous building or property within the municipality to 
 correct or remove the hazardous condition of the building or 
 property or to raze or remove the building.  

    HIST: 1965 c 393 s 2; 1973 c 123 art 5 s 7; 1989 c 328 art 6 s 
 7; 2004 c 147 s 4 

     463.161 Abatement. 

    In the manner prescribed in section 463.21 the governing 
 body of any municipality may correct or remove the hazardous 
 condition of any hazardous building or property; the cost of 
 which shall be charged against the real estate as provided in 
 section 463.21 except the governing body may provide that the 
 cost so assessed may be paid in not to exceed five equal annual 
 installments with interest therein, at eight percent per annum.  

    HIST: 1974 c 341 s 2; 1989 c 328 art 6 s 8; 2004 c 147 s 5 

     463.17 The order. 

    Subdivision 1.    Contents.  The order shall be in 
 writing; recite the grounds therefor; specify the necessary 
 repairs, if any, and provide a reasonable time for compliance; 
 and shall state that a motion for summary enforcement of the 
 order will be made to the district court of the county in which 
 the hazardous building or property is situated unless corrective 
 action is taken, or unless an answer is filed within the time 
 specified in section 463.18. 

    Subd. 2.    Service.  The order shall be served upon the 
 owner of record, or the owner's agent if an agent is in charge 
 of the building or property, and upon the occupying tenant, if 
 there is one, and upon all lien holders of record, in the manner 
 provided for service of a summons in a civil action.  If the 
 owner cannot be found, the order shall be served upon the owner 
 by posting it at the main entrance to the building or, if there 
 is no building, in a conspicuous place on the property, and by 
 four weeks' publication in the official newspaper of the 
 municipality if it has one, otherwise in a legal newspaper in 
 the county. 

    Subd. 3.    Filing.  A copy of the order with proof of 
 service shall be filed with the court administrator of district 
 court of the county in which the hazardous building or property 
 is located not less than five days prior to the filing of a 
 motion pursuant to section 463.19 to enforce the order.  At the 
 time of filing such order the municipality shall file for record 
 with the county recorder or registrar of titles a notice of the 
 pendency of the proceeding, describing with reasonable certainty 
 the lands affected and the nature of the order.  If the 
 proceeding be abandoned the municipality shall within ten days 
 thereafter file with the county recorder a notice to that effect.

    HIST: 1965 c 393 s 3; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 1989 c 328 art 6 s 9 

     463.18 Answer.  

    Within 20 days from the date of service, any person upon 
 whom the order is served may serve an answer in the manner 
 provided for the service of an answer in a civil action, 
 specifically denying such facts in the order as are in dispute.  

    HIST: 1965 c 393 s 4 

     463.19 Default cases.  

    If no answer is served, the governing body may move the 
 court for the enforcement of the order.  If such a motion is 
 made the court may, upon the presentation of such evidence as it 
 may require, affirm or modify the order and enter judgment 
 accordingly, fixing a time after which the governing body may 
 proceed with the enforcement of the order.  The court 
 administrator shall cause a copy of the judgment to be mailed 
 forthwith to persons upon whom the original order was served.  

    HIST: 1965 c 393 s 5; 1Sp1986 c 3 art 1 s 82 

     463.20 Contested cases. 

    If an answer is filed and served as provided in section 
 463.18, further proceedings in the action shall be governed by 
 the Rules of Civil Procedure for the District Courts, except 
 that the action has priority over all pending civil actions and 
 shall be tried forthwith.  If the order is sustained following 
 the trial, the court shall enter judgment and shall fix a time 
 after which the building must be destroyed or repaired or the 
 hazardous condition removed or corrected, as the case may be, in 
 compliance with the order as originally filed or modified by the 
 court.  If the order is not sustained, it shall be annulled and 
 set aside.  The court administrator of the court shall cause a 
 copy of the judgment to be mailed forthwith to the persons upon 
 whom the original order was served. 

    HIST: 1965 c 393 s 6; 1Sp1986 c 3 art 1 s 82; 1989 c 328 art 6 
 s 10 

     463.21 Enforcement of judgment. 

    If a judgment is not complied with in the time prescribed, 
 the governing body may cause the building to be repaired, razed, 
 or removed or the hazardous condition to be removed or corrected 
 as set forth in the judgment, or acquire the building, if any, 
 and real estate on which the building or hazardous condition is 
 located by eminent domain as provided in section 463.152.  The 
 cost of the repairs, razing, correction, or removal may be:  a 
 lien against the real estate on which the building is located or 
 the hazardous condition exists, or recovered by obtaining a 
 judgment against the owner of the real estate on which the 
 building is located or the hazardous condition exists.  A lien 
 may be levied and collected only as a special assessment in the 
 manner provided by Minnesota Statutes 1961, sections 429.061 to 
 429.081, but the assessment is payable in a single installment.  
 When the building is razed or removed by the municipality, the 
 governing body may sell the salvage and valuable materials at 
 public auction upon three days' posted notice. 

    HIST: 1965 c 393 s 7; 1974 c 341 s 4; 1989 c 328 art 3 s 3 

     463.22 Statement of moneys received. 

    The municipality shall keep an accurate account of the 
 expenses incurred in carrying out the order and of all other 
 expenses theretofore incurred in connection with its 
 enforcement, including specifically, but not exclusively, filing 
 fees, service fees, publication fees, attorney's fees, 
 appraisers' fees, witness fees, including expert witness fees, 
 and traveling expenses incurred by the municipality from the 
 time the order was originally made, and shall credit thereon the 
 amount, if any, received from the sale of the salvage, or 
 building or structure, and shall report its action under the 
 order, with a statement of moneys received and expenses incurred 
 to the court for approval and allowance.  Thereupon the court 
 shall examine, correct, if necessary, and allow the expense 
 account, and, if the amount received from the sale of the 
 salvage, or of the building or structure, does not equal or 
 exceed the amount of expenses as allowed, the court shall by its 
 judgment certify the deficiency in the amount so allowed to the 
 municipal clerk for collection.  The owner or other party in 
 interest shall pay the same, without penalty added thereon, and 
 in default of payment by October 1, the clerk shall certify the 
 amount of the expense to the county auditor for entry on the tax 
 lists of the county as a special charge against the real estate 
 on which the building or hazardous condition is or was situated 
 and the same shall be collected in the same manner as other 
 taxes and the amount so collected shall be paid into the 
 municipal treasury.  If the amount received for the sale of the 
 salvage or of the building or structure exceeds the expense 
 incurred by the municipality as allowed by the court, and if 
 there are no delinquent taxes, the court shall direct the 
 payment of the surplus to the owner or the payment of the same 
 into court, as provided in sections 463.15 to 463.26.  If there 
 are delinquent taxes against the property, the court shall 
 direct the payment of the surplus to the county treasurer to be 
 applied on such taxes. 

    HIST: 1965 c 393 s 8; 1974 c 329 s 1; 1989 c 328 art 6 s 11 

     463.23 Payment, tender, deposit in court.  

    The net proceeds of a sale under section 463.21 or section 
 463.24 shall be paid to persons designated in the judgment in 
 the proportions as their interests shall appear therein.  
 Acceptance of such payment shall be taken as a waiver of all 
 objections to the payment and to the proceedings leading thereto 
 on the part of the payee and of all persons for whom the payee 
 is lawfully empowered to act.  In case any party to whom a 
 payment of damages is made be not a resident of the state, or 
 the place of residence be unknown, or the party be an infant or 
 other person under legal disability, or, being legally capable, 
 refuses to accept payment, or if for any reason it be doubtful 
 to whom any payment should be paid, the municipality may pay the 
 same to the clerk, to be paid out under the direction of the 
 court; and, unless an appeal be taken such deposit with the 
 clerk shall be deemed a payment of the award.  

    HIST: 1965 c 393 s 9; 1986 c 444 

     463.24 Personal property or fixtures.  

    If any building ordered razed, removed, or made safe and 
 sanitary by repairs contains personal property or fixtures which 
 will unreasonably interfere with the razing, removal, or repair 
 of such building, or if the razing or removal of the building 
 makes necessary the removal of such personal property or 
 fixtures, the original order of the governing body may direct 
 the removal of such personal property or fixtures within a 
 reasonable time.  If the property or fixtures are not removed by 
 the time specified, and the governing body subsequently desires 
 to enforce a judgment under sections 463.15 to 463.26, it may 
 sell the same at public auction as provided in section 463.21, 
 or if without appreciable value, the governing body may destroy 
 the same.  

    HIST: 1965 c 393 s 10 

     463.25 Hazardous excavations. 

    If in any municipality, an excavation for building purposes 
 is left open for more than six months without proceeding with 
 the erection of a building thereon, whether or not completed, or 
 if any excavation or basement is not filled to grade or 
 otherwise protected after a building is destroyed, demolished or 
 removed, the governing body may order such excavation to be 
 filled or protected or in the alternative that erection of a 
 building begin forthwith if the excavation is for building 
 purposes.  The order shall be served upon the owner or the 
 owner's agent in the manner provided by section 463.17.  If the 
 owner of the land fails to comply with the order within 15 days 
 after the order is served, the governing body shall cause the 
 excavation to be filled to grade or protected and the cost shall 
 be charged against the real estate as provided in section 463.21.

    HIST: 1965 c 393 s 11; 1973 c 123 art 5 s 7; 1986 c 444; 2004 
 c 147 s 6 

     463.251 Securing vacant buildings. 

    Subdivision 1.    Definitions.  The following terms have 
 the meanings given them for the purposes of this section. 

    (a) "City" means a statutory or home rule charter city. 

    (b) "Neighborhood association" means an organization 
 recognized by the city as representing a neighborhood within the 
 city. 

    (c) "Secure" may include, but is not limited to, installing 
 locks, repairing windows and doors, boarding windows and doors, 
 posting "no-trespassing" signs, installing exterior lighting or 
 motion-detecting lights, fencing the property, and installing a 
 monitored alarm or other security system. 

    Subd. 2.    Order; notice.  If in any city a building 
 becomes vacant or unoccupied and is deemed hazardous due to the 
 fact that the building is open to trespass and has not been 
 secured and the building could be made safe by securing the 
 building, the governing body may order the building secured and 
 shall cause notice of the order to be served upon the owner of 
 record of the premises or the owner's agent, the taxpayer 
 identified in the property tax records for that parcel, the 
 holder of the mortgage or sheriff's certificate, and any 
 neighborhood association for the neighborhood in which the 
 building is located that has requested notice, by delivering or 
 mailing a copy to the owner or agent, the identified taxpayer, 
 the holder of the mortgage or sheriff's certificate, and the 
 neighborhood association, at the last known address.  Service by 
 mail is complete upon mailing.  

    Subd. 3.    Securing building by city; lien.  If the 
 owner of the building fails to either comply or provide to the 
 governing body a reasonable plan and schedule to comply with an 
 order issued under subdivision 2 within six days after the order 
 is served, the governing body shall cause the building to be 
 properly secured and the cost of securing the building may be 
 charged against the real estate as provided in section 463.21.  
 In the metropolitan area, as defined in section 473.121, 
 subdivision 2, the governing body may work with neighborhood 
 associations to develop and implement plans to secure vacant 
 buildings in a timely and cost-effective fashion.  The city may 
 use rehabilitation and revitalization funds in implementing this 
 section. 

    Subd. 4.    Emergency securing.  A city may provide by 
 ordinance for emergency securing of a building that presents an 
 immediate danger to the health and safety of persons in the 
 community. 

    HIST: 1973 c 123 art 5 s 7; 1973 c 520 s 1; 1986 c 444; 1996 c 
 286 s 1 

     463.26 Local acts and charter provisions. 

    Sections 463.15 to 463.26 are supplementary to other 
 statutory and charter provisions and do not limit the authority 
 of any city to enact and enforce ordinances on the same subject. 

    HIST: 1965 c 393 s 12; 1973 c 123 art 5 s 7 

     463.261 Relocation benefits. 

    Notwithstanding the provisions of section 117.56, or any 
 other law to the contrary, all acquisitions of buildings and 
 real estate upon which buildings are located by governmental 
 subdivisions pursuant to the exercise of the power of eminent 
 domain as provided in section 463.152 shall be acquisitions for 
 the purposes of sections 117.50 to 117.56. 

    HIST: 1974 c 341 s 5; 1976 c 2 s 141