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SF202 (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: HF359

AI Generated Summary

This legislative bill addresses the process of partitioning real estate when multiple parties share ownership. Key points include:

  1. Applicability: It clarifies rules for ongoing and future partition actions, indicating the law that will apply based on when the action is initiated.

  2. Types of Partition: The bill allows for different partition methods, including sale of property and division of proceeds, direct division of the property (partition in kind), or other equitable solutions.

  3. Legal Proceedings and Notices: It outlines procedures for initiating partition actions, serving summons, and notifying stakeholders, including posting signs on properties subject to partition.

  4. Court Authority: The bill grants courts broad authority to oversee these actions fairly and equitably, including resolving disputes and managing liens against the property.

  5. Referee Role: Referees can be appointed to oversee the actual sale or division of properties and to handle related tasks such as hiring surveyors or managing finances.

  6. Financial Matters: It details how expenses related to the partition (like attorney fees, surveyor fees, and other costs) are handled and divided among the owners.

  7. Special Considerations: The court can weigh multiple factors like sentimental attachment, current use by an owner, and contributions to the property’s upkeep when deciding how to partition the property.

  8. Sale of Property: Procedures for the sale of property by referees are described, including reporting the sale details to the court and how proceeds should be distributed and utilized.

Overall, the bill aims to modernize and clarify the process of property partition to ensure fairness and efficiency, accommodating various scenarios that might arise when multiple parties own property together.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 12, 2025HouseFloorActionReceived from Senate
January 15, 2025SenateFloorActionIntroduction and first reading
January 15, 2025SenateFloorActionReferred toJudiciary and Public Safety
February 12, 2025HouseFloorActionSenate file first reading, referred toJudiciary Finance and Civil Law
January 29, 2025SenateFloorActionComm report: To pass as amended
February 23, 2025HouseFloorActionCommittee report, to adopt
January 29, 2025SenateFloorActionSecond reading
February 23, 2025HouseFloorActionSecond reading
March 19, 2025HouseFloorActionHouse rule 1.21, placed on Calendar for the Day
February 09, 2025SenateFloorActionSpecial Order
February 09, 2025SenateFloorActionThird reading Passed
March 19, 2025HouseFloorActionThird reading
March 19, 2025HouseFloorActionBill was passed
February 12, 2025SenateFloorActionAuthor added
HouseFloorActionPresented to Governor
March 23, 2025SenateFloorActionReturned from House
March 23, 2025SenateFloorActionReturned from House
SenateNoteActionPresentment date
HouseNoteActionGovernor approval
SenateNoteActionGovernor's action Approval
HouseFloorActionSecretary of State, Filed
SenateNoteActionSecretary of State
HouseNoteActionChapter number
SenateNoteActionEffective date

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Amends the section related to notice requirements for eminent domain proceedings.",
      "modified": [
        "Modifies the notice requirements for eminent domain proceedings."
      ]
    },
    "citation": "117.115, subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section relates to the procedural aspects of eminent domain proceedings.",
      "modified": [
        "Updates procedural requirements for eminent domain."
      ]
    },
    "citation": "117.145"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The application of a legislative enactment relating to transfer on death deeds is clarified.",
      "modified": [
        "Clarification regarding the application of transfer on death deeds."
      ]
    },
    "citation": "Laws 2024, chapter 91, section 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Registrar requirements for recording property sales.",
      "modified": [
        "Provision that Registrar of Titles may require certification for lands registered under chapter 508."
      ]
    },
    "citation": "508"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Relates to procedures for recording of property transfers under certain conditions.",
      "modified": [
        "Provision for registration under chapter 508A in certain conveyance situations."
      ]
    },
    "citation": "508A"
  }
]

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