HF359 (Legislative Session 94 (2025-2026))

Partition of real property provided, notice requirements for eminent domain proceedings modified, and application of a legislative enactment relating to transfer of death deeds clarified.

Related bill: SF202

AI Generated Summary

This bill pertains to changes in how real property (land and buildings) is handled in Minnesota, particularly concerning the partitioning of property among owners. It outlines several key points:

  1. Partition of Property: It provides guidelines for how property can be divided among owners with joint interests, such as tenants in common or joint tenants. It details the circumstances under which property can be sold or divided (partitioned) and how the proceeds should be distributed among the owners according to their shares.

  2. Legal and Judicial Involvement: It specifies the powers and responsibilities of district courts in these partition actions, including adjusting liens and handling disputes among parties to ensure fair and equitable outcomes.

  3. Notices and Procedures: The bill modifies notification requirements for involved parties, including changes to how summonses are served and public notices given.

  4. Special Provisions: The proposal includes considerations for partition actions commenced on or after August 1, 2025, and addresses cases where full partition isn’t possible without harm to parties' interests.

  5. Costs and Liabilities: It discusses how costs related to the partition, including attorney fees, are to be apportioned among the parties. It also outlines how inequalities in partition are adjusted financially among parties.

  6. Rights and Transfers: Specific guidelines govern how liens on properties are handled post-partition, ensuring that financial charges or claims on the property are justly managed.

This bill aims to update and clarify the procedures and legal frameworks for partitioning real property in a way that protects the rights of all owners and involved parties, ensuring fair and equitable treatment under Minnesota law.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 12, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law
HouseFloorActionSee Senate file in House

Citations

 
[
  {
    "analysis": {
      "added": [
        "New directions on providing notices relevant to proceedings."
      ],
      "removed": [
        "Previously mandatory wording requirements."
      ],
      "summary": "Amendments to this statute involve modifications to notice requirements for eminent domain proceedings.",
      "modified": [
        "Adjustments in distribution methods for notices."
      ]
    },
    "citation": "117.115 subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Clarifications on procedures for handling contested claims."
      ],
      "removed": [
        "Removed outdated references to obsolete processes."
      ],
      "summary": "This statute amendment relates to processes within eminent domain cases.",
      "modified": [
        "Revised timelines for filing objections."
      ]
    },
    "citation": "117.145"
  }
]