281.174 FIVE-WEEK REDEMPTION PERIOD FOR CERTAIN VACANT PROPERTIES.
Subdivision 1. Application.
This section applies to property located within a city if at any
time after the tax sale as provided in section
has occurred but before notice of expiration
of time for redemption has been given, a court order is entered reducing to five weeks the
redemption period on property under subdivision 2 during which the owner, the owner's personal
representatives and assigns, or any other person holding an interest in the property, may redeem
that property in accordance with the provisions of this chapter.
Subd. 2. Vacant property subject to five-week redemption period.
Only property that
meets all of the following criteria is subject to the five-week redemption period as provided
in this section:
(1) the property is located in a targeted neighborhood revitalization program under section
(2) no structures are located on the land;
(3) the property is classified under section
as residential; and
(4) a residential structure existed on the land within the last five years.
Subd. 3. Summons and complaint.
Any city, housing and redevelopment authority, port
authority, or economic development authority in which the property is located may commence
an action in district court to reduce the period otherwise allowed for redemption under this
chapter from the date of the requested order. The action must be commenced by the filing of a
complaint, naming as defendants the record fee owners or the owner's personal representative, or
the owner's heirs as determined by a court of competent jurisdiction, contract for deed purchasers,
mortgagees, assigns of any of the above, the taxpayers as shown on the records of the county
auditor, the Internal Revenue Service of the United States and the revenue department of the state
of Minnesota if tax liens against the owners or contract for deed purchasers have been recorded or
filed, and any other person the plaintiff determines should be made a party. The action shall be
filed in district court for the county in which the property is located. The complaint must identify
the property by legal description. The complaint must allege (1) that the property is vacant, (2)
that the tax judgment sale under section
has been made, and (3) notice of expiration of
the time for redemption has not been given.
The complaint must request an order reducing the redemption period to five weeks. When
the complaint has been filed, the court shall issue a summons commanding the person or persons
named in the complaint to appear before the court on a day and at a place stated in the summons.
The appearance date shall be not less than 15 nor more than 25 days from the date of the issuing
of the summons, except that, when the United States of America is a party, the date shall be
set in accordance with applicable federal law. A copy of the filed complaint must be attached
to the summons.
Subd. 4. Service of summons and complaint.
The summons and complaint may be served
by any person not named a party to the action. The summons and complaint must be served at
least seven days before the appearance date, in the manner provided for service of a summons
and complaint in a civil action in the district court, and posted in a conspicuous place on the
property. If a defendant cannot be found in the state, then upon an affidavit to that effect being
filed with the court, the summons and complaint may be served by sending a copy by certified
mail to the defendant's last known address, if any, at least ten days before the appearance date.
Summons by certified mail is complete upon mailing. If personal or certified mail service cannot
be made on a defendant, then the plaintiff or plaintiff's attorney may file an affidavit to that effect
with the court and service by posting the summons and complaint on the premises is sufficient
as to that defendant.
Subd. 5. Hearing; evidence; order.
At the hearing on the summons and complaint, the
court shall enter an order reducing the redemption period to five weeks from the date of the
order, if evidence is presented supporting the allegations in the complaint and no appearance is
made to oppose the relief sought. An affidavit from any person having personal knowledge
about the property may be filed stating facts supporting any allegations in the complaint. In the
absence of affidavits or written statements, or if rebuttal evidence is offered by the defendant or a
party lawfully claiming an interest through the defendant, the court may consider any competent
evidence, including oral testimony, concerning any allegations in the complaint. An order entered
under this section must contain a legal description of the property.
Subd. 6. Recording of order.
Within ten days after the order is entered, a certified copy of
the order must be filed by the moving party with the office of the county recorder or registrar of
titles and with the auditor for the county in which the property is located. Failure to file the order
within ten days shall not invalidate the proceedings.
Subd. 7. Duty of auditor.
If the property is not redeemed within five weeks of the date of
entry of the order the county auditor, without further notice, shall execute a certificate as provided
for in section
281.23, subdivision 9
Subd. 8. Effective date.
This section shall apply only to tax judgment sales occurring on and
after April 13, 1996.
History: 1996 c 471 art 3 s 30