Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to real property; providing for partition of real property; modifying certain
3	3		1.3 notice requirements for eminent domain proceedings; clarifying certain application
4	4		1.4 of a legislative enactment relating to transfer on death deeds; amending Minnesota
5	5		1.5 Statutes 2024, sections 117.115, subdivision 2; 117.145; Laws 2024, chapter 91,
6	6		1.6 section 3; proposing coding for new law in Minnesota Statutes, chapter 558;
7	7		1.7 proposing coding for new law as Minnesota Statutes, chapter 558A.
8	8		1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9		1.9 ARTICLE 1
10	10		1.10 PARTITION OF REAL PROPERTY
11	11		1.11 Section 1. [558.001] APPLICABILITY.
12	12		1.12 This chapter applies to all partition actions commenced before August 1, 2025.
13	13		1.13 ARTICLE 2
14	14		1.14 MINNESOTA PARTITION ACT
15	15		1.15 Section 1. [558A.01] SHORT TITLE.
16	16		1.16 Sections 558A.01 to 558A.29 may be cited as the "Minnesota Partition Act."
17	17		1.17 Sec. 2. [558A.02] APPLICABILITY.
18	18		1.18 This chapter, and not chapter 558, applies to all partition actions commenced on or after
19	19		1.19August 1, 2025.
20	20		1Article 2 Sec. 2.
21		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK
	21	+	25-00846 as introduced12/13/24 REVISOR JSK/EH
22	22		SENATE
23	23		STATE OF MINNESOTA
24	24		S.F. No. 202NINETY-FOURTH SESSION
25	25		(SENATE AUTHORS: KREUN and Latz)
26	26		OFFICIAL STATUSD-PGDATE
27		-	Introduction and first reading9101/16/2025
28		-	Referred to Judiciary and Public Safety
29		-	Comm report: To pass as amended01/30/2025
30		-	Second reading 2.1 Sec. 3. [558A.03] PARTITION; SALE; WHO MAY BRING ACTION.
	27	+	Introduction and first reading01/16/2025
	28	+	Referred to Judiciary and Public Safety 2.1 Sec. 3. [558A.03] PARTITION; SALE; WHO MAY BRING ACTION.
31	29		2.2 Subdivision 1.Concurrent interest.When two or more joint tenants or
32	30		2.3tenants-in-common have concurrent interests in a fee simple, a life estate, or a leasehold
33	31		2.4estate in real property, one or more of them may bring an action against the others holding
34	32		2.5the same interests for a partition of the concurrent interests. The action may seek a sale of
35	33		2.6all, or part of the interest being partitioned and division of the proceeds according to the
36	34		2.7rights and interests of the interested parties, a partition in kind, or any other fair and equitable
37	35		2.8remedy.
38	36		2.9 Subd. 2.Remainder interest.The holder of a remainder interest may bring an action
39	37		2.10for partition in kind or by sale or for other relief against the life tenant or life tenants under
40	38		2.11this chapter only to prevent waste of the remainder interest. The court may use its general
41	39		2.12and equitable powers to order relief to prevent waste and achieve a result that is fair and
42	40		2.13equitable to the parties.
43	41		2.14 Sec. 4. [558A.04] DISTRICT COURT POWERS AND AUTHORITY.
44	42		2.15 The court may exercise its general equitable powers to achieve a result that is fair and
45	43		2.16equitable to the parties.
46	44		2.17 Sec. 5. [558A.05] LIENS.
47	45		2.18 Upon request of the parties the court has the authority to shift property interest or liens
48	46		2.19from one property or part of a property to another property as part of the partition. In that
49	47		2.20case, the lien holder shall be made a party to the action. This provision does not apply to
50	48		2.21mortgage liens.
51	49		2.22 Sec. 6. [558A.06] SUMMONS; SERVICE.
52	50		2.23 Subdivision 1.Form of summons.The summons shall be addressed by name to all the
53	51		2.24owners and lienholders who are known, and may also be addressed to all other persons
54	52		2.25unknown having or claiming an interest in the property described in the complaint herein.
55	53		2.26The summons may be served, at any time after filing the complaint with the district court,
56	54		2.27in the same manner as a summons in a civil action. The plaintiff or any party may record
57	55		2.28with the county recorder or registrar of titles as appropriate a notice lis pendens of the action.
58	56		2.29 Subd. 2.Notice by posting.If service of the summons and complaint is by publication,
59	57		2.30not later than ten days after the date of the first publication, the plaintiff shall post a
60	58		2.31conspicuous sign on the property that is the subject of the action. The sign must state that
61	59		2.32the action has commenced and identify the name and address of the court and the common
62	60		2Article 2 Sec. 6.
63		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 3.1designation by which the property is known. The court may require the plaintiff to publish
	61	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 3.1designation by which the property is known. The court may require the plaintiff to publish
64	62		3.2on the sign the name of the plaintiff and the known defendants.
65	63		3.3 Sec. 7. [558A.07] COMPLAINT.
66	64		3.4 The complaint shall particularly set forth the interests of all persons in the property,
67	65		3.5whether by way of ownership or lien, so far as known to the plaintiff; and if any such person,
68	66		3.6or the person's share or interest, is unknown to the plaintiff, or is uncertain or contingent,
69	67		3.7or the ownership of the inheritance depends upon an executory devise, or there is a contingent
70	68		3.8remainder, so that such person cannot be named, that fact shall be set forth.
71	69		3.9 Sec. 8. [558A.08] JUDGMENT FOR PARTITION; REFEREES.
72	70		3.10 Except as provided in section 558A.09, the title to the property and the rights of the
73	71		3.11parties shall be established by evidence or by the written stipulation of the parties to be
74	72		3.12affected thereby; and thereupon, in a proper case, the court shall render judgment that
75	73		3.13partition be made accordingly, and may appoint at least one, but no more than three
76	74		3.14disinterested and judicious persons as referees to sell the property, or a part thereof, or make
77	75		3.15partition and set off the shares of the several persons interested as determined by the
78	76		3.16judgment. Each referee must be disinterested and impartial and not a party to or a participant
79	77		3.17in the action.
80	78		3.18 Sec. 9. [558A.09] DISPUTE BETWEEN PARTIES IS NO DEFENSE.
81	79		3.19 If the title of the plaintiff to a certain undivided share of the property is proved or
82	80		3.20admitted, it shall not be a defense that there is a dispute or litigation undetermined between
83	81		3.21some of the parties as to the right or title of such parties in or to any undivided shares of
84	82		3.22the property claimed by them; but in such case the court shall render judgment the property
85	83		3.23be sold as in other cases, or that partition be made and shall cause the portion of the property
86	84		3.24or of the proceeds thereof pertaining to such undivided shares in dispute to be allotted to
87	85		3.25the parties according to their interest in the property. In case of sale, the court may order
88	86		3.26the proceeds pertaining to such shares to be paid into court to be apportioned according to
89	87		3.27each party's interest in the property.
90	88		3.28 Sec. 10. [558A.10] DUTY AND POWERS OF REFEREE; REPORT; EXPENSES.
91	89		3.29 When a partition is ordered, the referee or referees shall sell the property by any means
92	90		3.30to assure the highest and best price, under the most favorable terms. If the court orders
93	91		3.31partition in kind, the referee or referees shall divide the property, and allot the several
94	92		3Article 2 Sec. 10.
95		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 4.1portions thereof to the respective parties, quantity and quality relatively considered, according
	93	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 4.1portions thereof to the respective parties, quantity and quality relatively considered, according
96	94		4.2to their respective rights, designating the several portions by proper landmarks, and may
97	95		4.3employ a surveyor, with necessary assistants, to aid them therein. The referee may also
98	96		4.4engage appraisers, real estate brokers or agents, legal counsel, cleaning services, contractors,
99	97		4.5and other professionals that in the referee's opinion are reasonably necessary to assist in the
100	98		4.6partition in kind. The referee or referees shall make a report of the proceedings, specifying
101	99		4.7the manner of executing the documents for conveyance, and describing the property and in
102	100		4.8the case of a partition in kind the share allotted to each party, with a particular description
103	101		4.9thereof. The expenses and fees of the referee or referees, including those of a surveyor and
104	102		4.10other professionals engaged by the referee, shall be paid by the parties in proportion to the
105	103		4.11parties' interests, unless directed otherwise by the court.
106	104		4.12 Sec. 11. [558A.11] CONSIDERATIONS FOR PARTITION IN KIND.
107	105		4.13 (a) In determining whether partition in kind would result in manifest prejudice to the
108	106		4.14cotenants as a group, the court shall consider the following:
109	107		4.15 (1) whether the property practicably can be divided among the cotenants;
110	108		4.16 (2) whether partition in kind would apportion the property in such a way that the aggregate
111	109		4.17fair market value of the parcels resulting from the division would be materially less than
112	110		4.18the value of the property if it were sold as a whole, taking into account the condition under
113	111		4.19which a court-ordered sale likely would occur;
114	112		4.20 (3) evidence of the collective duration of ownership or possession of the property by a
115	113		4.21cotenant and one or more predecessors in title or predecessors in possession to the cotenant
116	114		4.22who are or were relatives of the cotenant or each other;
117	115		4.23 (4) a cotenant's sentimental attachment to the property, including any attachment arising
118	116		4.24because the property has ancestral or other unique or special value to the cotenant;
119	117		4.25 (5) the lawful use being made of the property by a cotenant and the degree to which the
120	118		4.26cotenant would be harmed if the cotenant could not continue the same use of the property;
121	119		4.27 (6) the degree to which the cotenants have contributed their pro rata share of the property
122	120		4.28taxes, insurance, and other expenses associated with maintaining ownership of the property
123	121		4.29or have contributed to the physical improvement, maintenance, or upkeep of the property;
124	122		4.30and
125	123		4.31 (7) any other relevant factor.
126	124		4Article 2 Sec. 11.
127		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 5.1 (b) The court may not consider any one factor in paragraph (a) to be dispositive without
	125	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 5.1 (b) The court may not consider any one factor in paragraph (a) to be dispositive without
128	126		5.2weighing the totality of all relevant factors and circumstances.
129	127		5.3 Sec. 12. [558A.12] REPORT OF OPEN-MARKET SALE.
130	128		5.4 The referee or referees shall file a report with the court containing the following
131	129		5.5information:
132	130		5.6 (1) a description of the property to be sold to each buyer;
133	131		5.7 (2) the name of each buyer;
134	132		5.8 (3) the proposed purchase price;
135	133		5.9 (4) the terms and conditions of the proposed sale, including the terms of any owner
136	134		5.10financing;
137	135		5.11 (5) the amounts to be paid to lienholders;
138	136		5.12 (6) a statement of contractual or other arrangements or conditions of the broker's
139	137		5.13commission; and
140	138		5.14 (7) other material facts relevant to the sale.
141	139		5.15 Sec. 13. [558A.13] REFEREE'S REPORT AS EVIDENCE.
142	140		5.16 The court shall accept the referee's report unless the party seeking to set aside or modify
143	141		5.17the report can demonstrate that the report is clearly and palpably against the evidence, by
144	142		5.18a preponderance of the evidence that clearly suggests a mistake, improper motive, bias, or
145	143		5.19caprice in making the report.
146	144		5.20 Sec. 14. [558A.14] SALE AUTHORIZATION.
147	145		5.21 The sale may be in a manner recommended by the referee or referees' report, if any, and
148	146		5.22approved by the court to be commercially reasonable to bring about the highest and best
149	147		5.23price, at the best terms. The sale and terms shall be approved by the court prior to the sale.
150	148		5.24If the court determines that the parties will not cooperate in a sale or division of the property,
151	149		5.25the court shall empower the referee with all authority to execute all documents to conclude
152	150		5.26the sale or partition in kind. The court may confirm the sale after notice to all affected
153	151		5.27parties.
154	152		5Article 2 Sec. 14.
155		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 6.1 Sec. 15. [558A.15] PURCHASE BY PART OWNER.
	153	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 6.1 Sec. 15. [558A.15] PURCHASE BY PART OWNER.
156	154		6.2 When a party entitled to a share in the property, or an encumbrancer entitled to have a
157	155		6.3lien paid out of the proceeds of the same, becomes a purchaser, the referee may take the
158	156		6.4receipt for so much of the proceeds of the sale as belong to the entitled party or encumbrancer.
159	157		6.5 Sec. 16. [558A.16] REPORT OF SALE.
160	158		6.6 The referee or referees shall report the sale to the court, describing the different parcels
161	159		6.7sold to each purchaser, and specifying the name of the purchaser, the price paid or secured,
162	160		6.8and the terms and conditions of the sale, which report shall be filed with the court
163		-	6.9administrator. The court may confirm or reject the sale ~~under section 558A.13~~ after notice
164		-	6.~~10to all interested persons and~~ a hearing. If rejected the court shall state its reason for rejection.
	161	+	6.9administrator. The court may confirm or reject the sale after notice to all interested persons
	162	+	6.10and a hearing. If rejected the court shall state its reason for rejection.
165	163		6.11 Sec. 17. [558A.17] CONFIRMATION OF REPORT; FINAL JUDGMENT.
166		-	6.12 The court may confirm or set aside the referee or referees' report under section 558A.13,
167		-	6.13and, if necessary, appoint a new referee or referees. Upon the report being confirmed, final
168		-	6.14judgment shall be rendered that such partition be effectual forever, and such judgment shall
169		-	6.15be binding:
170		-	6.16 (1) on all the parties named therein, and their legal representatives, who had at the time
171		-	6.17any interest in the property divided, as owners in fee or as tenants for years, or as entitled
172		-	6.18to the remainder, reversion, or inheritance thereof, after the determination of a particular
173		-	6.19estate therein, or who by any contingency may be entitled to a beneficial interest therein,
174		-	6.20or who have an interest in an undivided share thereof as tenants for years or for life;
175		-	6.21 (2) on all persons interested in the property who may be unknown, and to whom notice
176		-	6.22has been given according to law; and
177		-	6.23 (3) on all persons claiming from such parties or persons, or either of them.
178		-	6.24 Sec. 18. [558A.18] LIENS; HOW AFFECTED.
179		-	6.25 When there is a lien on an undivided interest or estate of any of the parties, if partition
180		-	6.26in kind is made such lien is thenceforth a charge only on the share allotted to such party or
181		-	6.27parties. The lien shall be paid from the proceeds of the sale, or as a judgment against the
182		-	6.28party awarded the property, as the court deems fair and equitable to the parties. This provision
183		-	6.29does not affect the priority of any lien or the lienholder's rights to enforce any lien.
	164	+	6.12 The court may confirm or set aside the referee or referees' report, and, if necessary,
	165	+	6.13appoint a new referee or referees. Upon the report being confirmed, final judgment shall be
	166	+	6.14rendered that such partition be effectual forever, and such judgment shall be binding:
	167	+	6.15 (1) on all the parties named therein, and their legal representatives, who had at the time
	168	+	6.16any interest in the property divided, as owners in fee or as tenants for years, or as entitled
	169	+	6.17to the remainder, reversion, or inheritance thereof, after the determination of a particular
	170	+	6.18estate therein, or who by any contingency may be entitled to a beneficial interest therein,
	171	+	6.19or who have an interest in an undivided share thereof as tenants for years or for life;
	172	+	6.20 (2) on all persons interested in the property who may be unknown, and to whom notice
	173	+	6.21has been given according to law; and
	174	+	6.22 (3) on all persons claiming from such parties or persons, or either of them.
	175	+	6.23 Sec. 18. [558A.18] LIENS; HOW AFFECTED.
	176	+	6.24 When there is a lien on an undivided interest or estate of any of the parties, if partition
	177	+	6.25in kind is made such lien is thenceforth a charge only on the share allotted to such party or
	178	+	6.26parties. The lien shall be paid from the proceeds of the sale, or as a judgment against the
	179	+	6.27party awarded the property, as the court deems fair and equitable to the parties. This provision
	180	+	6.28does not affect the priority of any lien or the lienholder's rights to enforce any lien.
184	181		6Article 2 Sec. 18.
185		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 7.1 Sec. 19. [558A.19] ATTORNEY FEES AND COSTS APPORTIONED.
	182	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 7.1 Sec. 19. [558A.19] ATTORNEY FEES AND COSTS APPORTIONED.
186	183		7.2 The attorney fees, costs, charges, and disbursements of sale or in kind partition may be
187	184		7.3paid from the sale proceeds in the case of a sale, or against a party or parties respectively
188	185		7.4entitled to share in the land, and in the case of an in kind partition, the amounts to be paid
189	186		7.5by each shall be determined by the court, and specified in the final judgment. In making
190	187		7.6the award the court may consider the actions of the parties necessitating the partition, the
191	188		7.7conduct and cooperation of the parties to the partition and the benefits of the partition
192	189		7.8confirmed upon the parties. The judgment may be docketed, and payment of such the
193	190		7.9amounts may be enforced by execution against the property of the respective judgment
194	191		7.10debtors, even if the property is a homestead, as in the case of other judgments for money.
195	192		7.11 Sec. 20. [558A.20] COMPENSATION BECAUSE OF INEQUALITY.
196	193		7.12 When it appears that partition in kind cannot be made equal between the parties without
197	194		7.13prejudice to the rights or interests of some, the court may adjudge compensation to be made
198	195		7.14by one to another for equality of partition.
199	196		7.15 Sec. 21. [558A.21] INDIVISIBLE PROPERTY MAY BE SET OFF.
200	197		7.16 When the premises consist of property which cannot be divided without damage to the
201	198		7.17owners, or when any specified part is of greater value than either party's share and cannot
202	199		7.18be divided without damage to the owners, the whole premises or the part so incapable of
203	200		7.19division may be set off to any party who will accept it, that party paying to one or more of
204	201		7.20the others such sums of money as the referee or referees' awards to make the partition just
205	202		7.21and equal.
206	203		7.22 Sec. 22. [558A.22] PROCEEDS; HOW APPLIED.
207	204		7.23 The proceeds of the sale of the property shall be applied under the direction of the court
208	205		7.24as follows:
209	206		7.25 (1) to pay its just proportion of the general costs of the action;
210		-	7.26 (2) to pay the costs of the ~~referee~~;
	207	+	7.26 (2) to pay the costs of the reference;
211	208		7.27 (3) to pay all legal fees and costs awarded under section 558A.19;
212	209		7.28 (4) to satisfy and cancel of record, pursuant to section 558A.18, the several liens, if any,
213	210		7.29in their order of priority, by payment of the sums due and to become due; the amount
214	211		7.30remaining due as proven to the court;
215	212		7Article 2 Sec. 22.
216		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 8.1 (5) the residue among the owners of the property sold, according to their respective
	213	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 8.1 (5) the residue among the owners of the property sold, according to their respective
217	214		8.2shares.
218	215		8.3 Sec. 23. [558A.23] ORDER CONFIRMING SALE.
219	216		8.4 The order confirming the sale of the property, together with the deed executed by the
220	217		8.5referee or referees, shall be accepted for recording and act as a valid, final, and conclusive
221	218		8.6transfer of all interests under sections 558A.24 and 558A.27 as stated in the order. The
222	219		8.7registrar of titles may require certification of the award and transfer by the examiner of titles
223	220		8.8for lands registered under chapter 508 or 508A.
224	221		8.9 Sec. 24. [558A.24] RECORD AND EFFECT OF CONVEYANCES.
225	222		8.10 The conveyances executed by the referee or referees shall be recorded and shall be
226	223		8.11binding on all parties to the action, including all persons having liens, specific or general,
227	224		8.12against the property, and all persons unknown, interested in the property, to whom notice
228	225		8.13has been given by publication of the summons, and all persons claiming under them or any
229	226		8.14of them.
230	227		8.15 Sec. 25. [558A.25] PERSONS PROHIBITED FROM PURCHASING.
231	228		8.16 Subdivision 1.Referee may not purchase property.No referee, nor any person for
232	229		8.17the benefit of any referee, shall be interested, directly or indirectly, in any purchase of the
233	230		8.18premises sold.
234	231		8.19 Subd. 2.Other compensation.This provision is not intended to prevent anyone from
235	232		8.20receiving compensation under chapter 82, and also payment for services as a referee
236	233		8.21appointed under this chapter, if the court determines that the referee services are beyond
237	234		8.22the usual broker services in connection with the sale of the property.
238	235		8.23 Sec. 26. [558A.26] CLAIMS TO PROCEEDS; HOW DETERMINED.
239	236		8.24 When the proceeds of sale of any shares belonging to parties to the action who are known
240	237		8.25are paid into court the action may be continued as between them for the determination of
241	238		8.26their respective claims thereto. Further testimony may be taken in court or by any or all
242	239		8.27referees, at the discretion of the court, which may, if necessary, require the parties to present
243	240		8.28the facts in controversy by pleadings, as in an original action. The proceedings authorized
244	241		8.29by this section shall not delay or affect any party whose rights are not involved therein. The
245	242		8.30court may award attorney fees, costs and other expenses from the sale proceeds as provided
246	243		8.31in section 558A.10.
247	244		8Article 2 Sec. 26.
248		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 9.1 Sec. 27. [558A.27] ORDERS; INTERLOCUTORY JUDGMENTS; APPEALS.
	245	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 9.1 Sec. 27. [558A.27] ORDERS; INTERLOCUTORY JUDGMENTS; APPEALS.
249	246		9.2 Any party to any partition proceedings may appeal from any order or interlocutory
250	247		9.3judgment made and entered pursuant to section 558A.08, 558A.14, 558A.16, or 558A.17,
251	248		9.4to the court of appeals within 30 days after the making and filing of the order or interlocutory
252	249		9.5judgment. Any appeal shall be taken as in other civil cases.
253	250		9.6 All matters determined by any order or interlocutory judgment shall be conclusive and
254	251		9.7binding upon all parties to the proceedings and shall never be subject to review by the court
255	252		9.8unless appealed from as provided herein.
256	253		9.9 Sec. 28. [558A.28] PROCEEDS DUE UNKNOWN OWNER.
257	254		9.10 Proceeds of sale belonging to an unknown owner shall be paid to the court administrator
258	255		9.11subject to further orders of the court.
259	256		9.12 Sec. 29. [558A.29] GUARDIAN AD LITEM; WHEN APPOINTED.
260	257		9.13 Upon the petition of any party, or of any person interested in the proceeding, or on its
261	258		9.14own initiative, the court shall appoint a disinterested person to act as guardian ad litem for
262	259		9.15minors, and other persons under disability, and for all persons not in being who may appear
263	260		9.16to have any interest or lien upon the land. The compensation of the guardian shall be
264	261		9.17determined by the court and paid from the person's share of the proceeds as part of the
265	262		9.18expenses of the proceeding.
266	263		9.19 Sec. 30. EFFECTIVE DATE.
267	264		9.20 This article is effective on August 1, 2025, and applies to all partition actions commenced
268	265		9.21on or after August 1, 2025.
269	266		9.22 ARTICLE 3
270	267		9.23 EMINENT DOMAIN
271	268		9.24 Section 1. Minnesota Statutes 2024, section 117.115, subdivision 2, is amended to read:
272	269		9.25 Subd. 2.Notification.Within ten days after the date of the filing of the report of
273	270		9.26commissioners, the petitioner shall notify the following listed persons, by mail, of the filing
274	271		9.27of the report of commissioners setting forth the date of filing of the report, the amount of
275	272		9.28the award, and all the terms and conditions thereof as the same pertain to the respondent or
276	273		9.29party listed:
277	274		9Article 3 Section 1.
278		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 10.1 (1) each respondent listed in the petition as having an interest in any parcel described
	275	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 10.1 (1) each respondent listed in the petition as having an interest in any parcel described
279	276		10.2in the report;
280	277		10.3 (2) each other party to the proceeding whose appearance has been noted by the court in
281		-	10.4its order approving the petition under section 117.075 ~~as having an~~ interest in ~~any parcel~~
282		-	10.~~5described~~ in the report; and
	278	+	10.4its order approving the petition under section 117.075 and who has a purported interest in
	279	+	10.5any parcel described in the report; and
283	280		10.6 (3) each respondent's attorney appearing on behalf of each respondent or other party
284	281		10.7having an interest in any parcel described in the report.
285	282		10.8Such notification shall be addressed to the last known post office address of each person
286	283		10.9notified. Notice of the filing of the report need not be given to parties initially served by
287	284		10.10publication under section 117.055. The petitioner shall file with the court administrator an
288	285		10.11affidavit of mailing of the notice, setting forth the names and addresses of all the persons
289	286		10.12so notified.
290	287		10.13Sec. 2. Minnesota Statutes 2024, section 117.145, is amended to read:
291	288		10.14 117.145 APPEAL: DEADLINE, NOTICE, SERVICE, CONTENTS; BY OTHER
292	289		10.15PARTIES.
293	290		10.16 At any time within 40 days from the date that the report has been filed, any party to the
294	291		10.17proceedings may appeal to the district court from any award of damages embraced in the
295	292		10.18report, or from any omission to award damages, by: (1) filing with the court administrator
296	293		10.19a notice of such appeal, and (2) serving by mail or E-Service a copy of such notice on all
297		-	10.20respondents and all other parties to the proceedings having an interest in any parcel ~~described~~
298		-	10.~~21in~~ the appeal ~~persons~~ who are shown in the petitioner's affidavit of mailing, required by
299		-	10.~~22section~~ 117.115, subdivision 2, as having been mailed a notice of the report of the
	294	+	10.20respondents, and all other parties to the proceedings, having an interest in any the parcel or
	295	+	10.21parcels described in the appeal who are shown in the petitioner's affidavit of mailing, required
	296	+	10.22by section 117.115, subdivision 2, as having been mailed a notice of the report of the
300	297		10.23commissioners, and on the petitioner.
301	298		10.24 If any notice of appeal is filed, any other party may appeal within 50 days from the date
302	299		10.25that the report was filed by: (1) filing with the court administrator a notice of the appeal;
303	300		10.26and (2) serving the notice of appeal by mail or E-Service, as provided in this section. Service
304	301		10.27by mail is deemed effective upon deposit of the notice in the United States mail, by first
305	302		10.28class mail, with postage prepaid, and addressed to each person served at the address shown
306		-	10.29in the petitioner's affidavit of mailing required by section 117.115, subdivision 2~~, or their~~
307		-	10.~~30last known~~ address. Proof of service by mail of a notice of appeal ~~shall be filed with the~~
308		-	10.~~31court~~ administrator promptly following the mailing of any notice of ~~appeal. The notice of~~
309		-	10.32appeal shall specify the particular award or failure to award appealed ~~from, the nature and~~
	303	+	10.29in the petitioner's affidavit of mailing required by section 117.115, subdivision 2 last known
	304	+	10.30post office address of each person notified. Proof of service by mail of a notice of appeal
	305	+	10.31shall be filed with the court administrator promptly following the mailing of any notice of
	306	+	10.32appeal. The notice of appeal shall specify the particular award or failure to award appealed
310	307		10Article 3 Sec. 2.
311		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK 11.~~1amount~~ of the claim, the land to which it relates, and grounds of the ~~appeal, and if applicable,~~
312		-	11.~~2the~~ notice required in section 117.086.
	308	+	25-00846 as introduced12/13/24 REVISOR JSK/EH 11.1from, the nature and amount of the claim, the land to which it relates, and grounds of the
	309	+	11.2appeal, and if applicable, the notice required in section 117.086.
313	310		11.3 ARTICLE 4
314	311		11.4 TRANSFER ON DEATH DEEDS
315	312		11.5 Section 1. Laws 2024, chapter 91, section 3, is amended to read:
316	313		11.6 Sec. 3. EFFECTIVE DATE.
317		-	11.7 ~~Section~~ 1~~, except subdivision~~ 2~~, is~~ effective the day following final enactment and ~~applies~~
318		-	11.~~8to transfer on death deeds that become effective~~ on or after ~~that date. Sections~~ 1~~, subdivision~~
319		-	11.~~92,~~ and 2~~, are effective on the day following final enactment and~~ apply to insurance policies
320		-	11.~~10issued or renewed in Minnesota on or after August 1 of the~~ year of final enactment~~. Sections~~
321		-	11.~~111~~, subdivision ~~2, and 2,~~ ~~do not apply to insurance policies issued or renewed prior to August~~
322		-	11.~~121 of~~ the ~~year of~~ final enactment ~~or to transfer on death deeds recorded prior to that date~~
323		-	11.~~13unless the grantor owner provides the notice specified by section 2~~, ~~subdivision 3~~.
	314	+	11.7 Sections 1 and 2 are effective on the day following final enactment and apply to insurance
	315	+	11.8policies issued or renewed in Minnesota on or after August 1 of the year of final enactment.
	316	+	11.9Sections 1 and 2 do not apply to insurance policies issued or renewed prior to August 1 of
	317	+	11.10the year of final enactment or to transfer on death deeds recorded prior to that date unless
	318	+	11.11the grantor owner provides the notice specified by section 2, subdivision 3. For the purposes
	319	+	11.12of correcting title defects, section 1 is effective the day following final enactment and applies
	320	+	11.13to transfer on death deeds recorded before, on, or after that date.
324	321		11.14 EFFECTIVE DATE.This section is effective retroactively from April 27, 2024.
325	322		11Article 4 Section 1.
326		-	~~S0202-1 1st Engrossment~~~~SF202~~ REVISOR JSK Page.Ln 1.9PARTITION OF REAL PROPERTY.....................................................ARTICLE 1
	323	+	25-00846 as introduced12/13/24 REVISOR JSK/EH Page.Ln 1.9PARTITION OF REAL PROPERTY.....................................................ARTICLE 1
327	324		Page.Ln 1.13MINNESOTA PARTITION ACT..........................................................ARTICLE 2
328	325		Page.Ln 9.22EMINENT DOMAIN.............................................................................ARTICLE 3
329	326		Page.Ln 11.3TRANSFER ON DEATH DEEDS.........................................................ARTICLE 4
330	327		1
331	328		APPENDIX
332		-	Article locations for ~~S0202-1~~
	329	+	Article locations for 25-00846