piers109uk/MN-Statutes huggingface dataset:
514.78 NOTIFICATION OF OWNER; SALE.
When possession of any of the articles of wearing apparel, bedding, linens, flatwork and household furnishings, embraced in section 514.77, has continued for 90 days after the charges accrue, and the charges so due have not been paid, it shall be the duty of the persons so holding said articles to notify the owner of these charges, by certified mail at the owner's last known address. On the owner's failure to pay these charges within ten days after such notice has been given, the persons so holding said wearing apparel, bedding, linens, flatwork and household furnishings shall then be authorized to sell said wearing apparel, bedding, linens, flatwork and household furnishings. Said sale may be public or private and the proceeds of the same shall be applied toward the payment of the charges and any balance shall be paid over to the person entitled to the same. If the owner's residence is beyond the state, or is unknown, the person holding said wearing apparel, bedding, linens, flatwork and household furnishings shall not be required to give such notice before proceeding to sell.
504B.451 RECEIVERSHIP REVOLVING LOAN FUND.
The Minnesota Housing Finance Agency may establish a revolving loan fund to pay the administrative expenses of receivership administrators under section 504B.445 for properties for occupancy by low- and moderate-income persons or families. Landlords must repay administrative expense payments made from the fund.
518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
504B.461 TERMINATION OF ADMINISTRATION.
The administration shall be terminated upon one of the following:
(1) certification is secured from the appropriate governmental agency that the violations found by the court to exist at the time of judgment have been remedied; or
(2) an order according to section 504B.445, subdivision 5.
After the occurrence of any of the conditions in subdivision 1, the administrator shall:
(1) submit to the court an accounting of receipts and disbursements of the administration together with copies of all bills, receipts, and other memoranda pertaining to the administration, and, where appropriate, a certification by an appropriate governmental agency that the violations found by the court to exist at the time of judgment have been remedied; and
(2) comply with any other order the court makes as a condition of discharge.
Upon approval by the court of the administrator's accounts and compliance by the administrator with any other order the court may make as a condition of discharge, the court shall discharge the administrator from any further responsibilities pursuant to sections 504B.381 and 504B.395 to 504B.471.
518C.613 JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction as provided in this section shall apply sections 518C.101 to 518C.211 and 518C.601 to 518C.616 to the enforcement or modification proceeding. Sections 518C.301 to 518C.508 and 518C.701 to 518C.802 do not apply and the tribunal shall apply the procedural and substantive law of this state.
504B.465 WAIVER NOT ALLOWED.
Any provision of a lease or other agreement in which a provision of section 504B.381 or sections 504B.395 to 504B.471 is waived by a residential tenant is contrary to public policy and void.
518C.614 NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
508.836 DISPOSAL OF CERTAIN AFFIDAVITS.
The registrar of titles is hereby authorized to destroy affidavits of grantees and purchasers or of the person acting on their behalf, which are more than five years old.
504B.471 PURPOSE TO PROVIDE ADDITIONAL REMEDIES.
The purpose of section 504B.381 and sections 504B.395 to 504B.471 is to provide additional remedies and nothing contained in those sections alters the ultimate financial liability of the landlord or residential tenant for repairs or maintenance of the building.
504B.501 ATTORNEY GENERAL ENFORCEMENT.
The attorney general has authority under section 8.31 to investigate and prosecute violations of this chapter.
514.79 BALANCE OF PROCEEDS OF SALE; PAYMENT OF.
If the persons who are legally entitled to receive the balance mentioned in sections 514.77 to 514.79 are not known or have removed from the state or county in which such repairing, altering, dyeing, cleaning, pressing and laundering was done, the person, firm, or corporation which held said property shall pay the balance resulting from any sale to the treasurer of the county in which said articles were held and take the treasurer's receipt therefor. Whenever such balance shall remain in the possession of the county treasurer for a period of two years unclaimed by the party legally entitled to the same, such balance shall become a part of the general funds of the county in which the articles were sold.
518C.616 PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under sections 518C.601 to 518C.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
518C.615 JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY.
(a) Except as otherwise provided in section 518C.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 518C.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
508.84 INSTRUMENTS OF ENCUMBRANCE; DISPOSAL.
The registrar of titles is hereby authorized to destroy instruments of encumbrance which have been satisfied of record or extinguished by operation of law for a period of five years together with the assignments and satisfactions thereof. When the discharge of an encumbrance is by virtue of a judicial or statutory sale, the instruments evidencing the encumbrance of the foreclosure thereof, shall not be destroyed until six months after entry of an unappealed order for issuance of a new certificate of title to the purchaser at such sale or to the purchaser's assignee. Nothing herein contained shall relieve such registrar from maintaining the books and index records required under sections 508.34 and 508.37.
518C.701 DEFINITIONS.
In sections 518C.701 to 518C.713:
(a) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(b) "Central authority" means the entity designated by the United States or a foreign country described in section 518C.101, paragraph (e), clause (4), to perform the functions specified in the convention.
(c) "Convention support order" means a support order of a tribunal of a foreign country described in section 518C.101, paragraph (e), clause (4).
(d) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(e) "Foreign central authority" means the entity designated by a foreign country described in section 518C.101, paragraph (e), clause (4), to perform the functions specified in the convention.
(f) "Foreign support agreement":
(1) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(2) includes a maintenance arrangement or authentic instrument under the convention.
(g) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
518C.702 APPLICABILITY.
Sections 518C.701 to 518C.713 apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 518C.701 to 518C.713 is inconsistent with sections 518C.101 to 518C.616, sections 518C.701 to 518C.713 control.
518C.703 RELATIONSHIP OF DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES TO UNITED STATES CENTRAL AUTHORITY.
The Department of Children, Youth, and Families of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
518C.704 INITIATION BY DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES OF SUPPORT PROCEEDING UNDER CONVENTION.
(a) In a support proceeding under sections 518C.701 to 518C.713, the Department of Human Services of this state shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the convention:
(1) recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under section 518C.708, paragraph (b), clause (2), (4), or (9);
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
518C.705 DIRECT REQUEST.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 518C.706 to 518C.713 apply.
(c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Department of Children, Youth, and Families.
(e) Sections 518C.701 to 518C.713 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
518C.706 REGISTRATION OF CONVENTION SUPPORT ORDER.
(a) Except as otherwise provided in sections 518C.701 to 518C.713, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in sections 518C.601 to 518C.616.
(b) Notwithstanding sections 518C.311 and 518C.602, paragraph (a), a request for registration of a convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 518C.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
518C.708 RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER.
(a) Except as otherwise provided in paragraph (b), a tribunal of this state shall recognize and enforce a registered convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with section 518C.201;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with section 518C.706 lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of section 518C.711.
(c) If a tribunal of this state does not recognize a convention support order under paragraph (b), clause (2), (4), or (9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(2) the Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 518C.704.
518C.707 CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
(a) Except as otherwise provided in sections 518C.701 to 518C.713, sections 518C.605 to 518C.608 apply to a contest of a registered convention support order.
(b) A party contesting a registered convention support order shall file a contest no later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed no later than 60 days after notice of the registration.
(c) If the nonregistering party fails to contest the registered convention support order by the time specified in paragraph (b), the order is enforceable.
(d) A contest of a registered convention support order may be based only on grounds set forth in section 518C.708. The contesting party bears the burden of proof.
(e) In a contest of a registered convention support order, a tribunal of this state:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
518C.709 PARTIAL ENFORCEMENT.
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
518C.710 FOREIGN SUPPORT AGREEMENT.
(a) Except as otherwise provided in paragraphs (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(4) the record submitted under paragraph (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
514.93 SUMMARY SALE OF UNCLAIMED ANIMAL; NOTICE; PROCEEDS; RECORD.
Any unclaimed animal held by a veterinarian for more than ten days after the completion of veterinary care and treatment requested by the owner or lawful possessor of said animal may be summarily sold by the veterinarian for the reasonable value of said animal upon compliance with the procedures set forth in this section. Written notice of the completion of care and treatment and written notice of the proposed sale of said animal shall be given to the owner or lawful possessor of said animal by certified mail. If the whereabouts of the owner or lawful possessor of the animal cannot be ascertained with reasonable diligence, a notice of the proposed sale shall be published in a legal newspaper circulated in the county where the animal is located at least ten days preceding the sale. The notice shall state the amount due and the date, place and time of sale. The proceeds of such sale shall first be used to reimburse the veterinarian for an amount equal to the reasonable value of the veterinary care and treatment plus any other care and board given said animal; the excess amount, if any, from such sale shall be paid to the owner or lawful possessor of said animal or to other persons legally entitled thereto. Any veterinarian making a sale hereunder shall make a record in writing verified by the veterinarian's oath, setting forth the kind and number of animals sold, the amount realized from any such sale, the amount claimed due by the veterinarian, the name of the former owner or lawful possessor requesting the care and treatment performed by the veterinarian on the animal or animals sold, the dates when the treatment was commenced and was completed, the date or dates when notice of the proposed sale was given the owner or lawful possessor of the animal or animals sold, the description of the animal or animals sold, and if branded, the brand thereon, the name and address of the veterinarian making the sale and the name and address of purchaser or purchasers of the animal or animals sold. The record so made shall be filed within five days of the sale in the office of the county recorder of the county in which such sale is made.
518C.711 MODIFICATION OF CONVENTION CHILD SUPPORT ORDER.
(a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, section 518C.708, paragraph (c), applies.
514.94 RIGHTS OF DETAINER, LIEN AND SALE OF ANIMALS.
Nothing in this section or section 514.93 shall in any way alter or revoke a veterinarian's rights of detainer, lien and sale of animals under sections 514.18 to 514.22.
518C.712 PERSONAL INFORMATION; LIMIT ON USE.
Personal information gathered or transmitted under sections 518C.701 to 518C.713 may be used only for the purposes for which it was gathered or transmitted.
518C.713 RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION.
A record filed with a tribunal of this state under sections 518C.701 to 518C.713 must be in the original language and, if not in English, must be accompanied by an English translation.
518C.801 GROUNDS FOR RENDITION.
(a) For purposes of this section and section 518C.802, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(b) The governor of this state may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state.
518C.802 CONDITIONS OF RENDITION.
(a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
518C.901 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
518C.902 TRANSITIONAL PROVISION.
This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
518C.905 SHORT TITLE.
This chapter may be cited as the "Uniform Interstate Family Support Act."
514.963 CROP LIEN DEFINITIONS.
For the purposes of this section and section 514.964, the terms defined in subdivisions 2 to 12 have the meanings given them.
"Agricultural chemical" means fertilizers or agricultural chemicals that are applied to crops or to land used for raising crops, including fertilizer material, plant amendment, and plant food. The term includes a soil amendment as defined in section 18C.005, and a pesticide and a plant regulator as defined in section 18B.01.
"Agricultural lien" means an agricultural lien as defined by section 336.9-102(a)(5), and includes a landlord's lien, harvester's lien, and crop production input lien under this section.
"Agricultural lienholder" means a person holding an agricultural lien.
"Crop production input" means agricultural chemicals, seeds, petroleum products, the custom application of agricultural chemicals and seeds, and labor used in preparing the land for planting, cultivating, growing, producing, harvesting, drying, and storing crops or crop products.
"Farm products" means farm products as defined in section 336.9-102(a)(34).
"Lender" means a secured party as defined in section 336.9-102(a)(73), holding a perfected security interest in the farm products of the obligor.
"Obligor" means obligor as defined in section 336.9-102(a)(59).
"Person" means an individual or an organization as defined in section 336.1-201(b)(27).
"Petroleum products" means motor fuels and special fuels used in the production of crops and livestock, including petroleum products as defined in section 296A.01, and alcohol fuels, propane, lubes, and oils.
"Seed" means agricultural seeds used to produce crops, including agricultural seeds defined in section 21.72.
"Supplier" means a person furnishing crop production inputs.
514.965 LIVESTOCK LIEN DEFINITIONS.
For the purposes of this section and section 514.966, the terms defined in subdivisions 2 to 11 have the meanings given them.
"Agricultural lien" means an agricultural lien as defined in section 336.9-102(a)(5) and includes a veterinarian's lien, breeder's lien, livestock production input lien, temporary livestock production input lien, and feeder's lien under this section and section 514.966.
"Agricultural lienholder" means a person holding an agricultural lien.
"Emergency veterinary services" includes surgical procedures, administering vaccines, antisera, and antibiotics, and other veterinary medicines, treatments, and services performed primarily to protect human health, prevent the spread of animal diseases, or preserve the health of the animal or animals treated.
"Farm products" means farm products as defined in section 336.9-102(a)(34).
"Feed" means commercial feeds, feed ingredients, mineral feeds, drugs, animal health products, or customer-formula feeds used for feeding livestock, including commercial feed as defined in section 25.33.
"Lender" means a secured party as defined in section 336.9-102(a)(73) holding a perfected security interest in the farm products of the obligor.
"Livestock production input" means feed and labor used in raising livestock.
"Obligor" means an obligor as defined in section 336.9-102(a)(59).
"Person" means an individual or an organization as defined in section 336.1-201(b)(27).
"Supplier" means a person furnishing agricultural production inputs.
514.970 TITLE.
Sections 514.970 to 514.979 may be cited as the "Minnesota Liens on Personal Property in Self-Service Storage Act."
514.971 DEFINITIONS.
For the purposes of sections 514.970 to 514.979, the terms defined in this section have the meanings given them.
(a) "Self-service storage facility" or "storage facility" means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access for the purpose of storing and removing personal property. The term does not include:
(1) property of a financial institution that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the financial institution's customers;
(2) a warehouse that issues a warehouse receipt, bill of lading, or other document of title for the property; or
(3) a commercial parking garage or parking lot that provides short-term motor vehicle parking.
(b) An occupant must not use a self-service storage facility for residential purposes.
"Owner" means one or more persons, jointly or severally, who are either the owner, operator, lessor, or sublessor of a self-service storage facility, or an agent, or any other person authorized by the owner to manage the facility or to receive rent from an occupant under a rental agreement entered into with the occupant.
"Occupant" means a person who rents storage space at a self-service storage facility under a rental agreement entered into with the owner.
"Rental agreement" means a written agreement that is entered into by the owner and the occupant and that establishes or modifies the terms and conditions of the occupant's use of storage space at a self-service storage facility.
"Personal property" means money and every inanimate tangible thing that is the subject of ownership. The term does not include anything forming part of a parcel of real estate and agricultural commodities.
"Default" means failure of the occupant to pay the rent and other charges becoming due under the rental agreement within 15 days after the rents and other charges become due under the terms of the rental agreement.
"Storage space" means the storage space or spaces at the storage facility that are rented to an occupant pursuant to a rental agreement.
"Security deposit" means any deposit of money with the owner used to secure performance under the rental agreement.
"Verified mail" means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.
514.974 ADDITIONAL NOTIFICATION REQUIREMENT.
Any notice the owner is required to mail to the occupant under sections 514.970 to 514.979 shall be sent to:
(1) the email address, if consented to by the occupant, as provided in section 514.973, subdivision 2;
(2) the mailing address and any alternate mailing address provided by the occupant in the rental agreement; or
(3) the last known mailing address of the occupant, if the last known mailing address differs from the mailing address listed by the occupant in the rental agreement and the owner has reason to believe that the last known mailing address is more current.
514.975 RENTAL AGREEMENTS.
The rental agreement between the owner and the occupant must include a disclosure of the lien rights of the owner upon failure of the occupant to pay rent including the right to deny access to certain personal property contained in the self-service storage facility, and the extent and the limits of insurance carried by the owner covering the occupant's personal property stored in the leased premises. A rental agreement may not exempt an owner from liability for damages to an occupant's personal property caused by the owner's negligence. A rental agreement must contain a provision that allows the occupant to provide an optional alternate contact person. The rental agreement must contain a space that the occupant must initial if the occupant declines to provide an optional alternate contact person. The alternate contact person is used solely for purposes of providing notice of default under section 514.973. Adding an alternate contact does not give that contact an interest in the contents of the storage space.
If the rental agreement entered into between the owner and the occupant contains a provision placing a limit on the value of property that may be stored in the occupant's space, this limit is the maximum value of the stored property, provided that the provision is printed in bold type or underlined in the rental agreement. The limit on the value of property may not be less than $1,000. The rental agreement may provide that the occupant may increase the limit on the value of property with the written permission of the owner.
A rental agreement or an application for a rental agreement must contain a provision disclosing whether the applicant is a member of the uniformed services as the term is defined in United States Code, title 10, section 101(a)(5), or a member of the National Guard or a reserve component under United States Code, title 32, section 101.
514.976 DISCLOSURE AND ACTIONS.
There shall be disclosed to the occupant either in the rental agreement or otherwise in writing prior to commencement of the occupancy the name and address of:
(1) the person authorized to manage the premises; and
(2) an owner of the premises or an agent authorized by the owner to accept service of process and receive and give receipt for notices and demands.
Either in the rental agreement or otherwise in writing the occupant shall also be notified that the owner prohibits the storage of hazardous materials.
A printed or typewritten notice containing the information that must be disclosed under subdivision 1 must be placed in a conspicuous place on the premises.
If subdivisions 1 and 2 have not been complied with and an occupant desiring to make service of process upon or give a notice or demand to the owner does not know the name and address of the owner or the owner's agent, as that term is used in subdivision 1, then a caretaker or manager of the premises or an individual to whom rental payments for the premises are made is deemed to be an agent authorized to accept service of process and receive and give receipt for notices and demands on behalf of the owner.
Except as otherwise provided in this subdivision, an owner may not maintain an action to recover rent or possession of the premises unless the information required by this section has been disclosed to the occupant, or unless the information is known by or has been disclosed to the occupant at least 30 days prior to the initiation of the action. Failure by the owner to post a notice required by subdivision 2 does not prevent any action to recover rent or possession of the premises. Any action begun by the owner or occupant shall be venued in the county where the facility is located. If an action to recover possession of personal property in the facility is begun by the occupant, the burden of proof shall be borne by the owner that default has occurred and the provisions of sections 514.970 to 514.979 have been followed.
This section applies to any successor owner, caretaker, manager, or individual to whom rental payments for the storage space are made.
514.977 ADDITIONAL REMEDIES.
If an occupant defaults in the payment of rent for the storage space or otherwise breaches the rental agreement, the owner may commence an action to terminate the rental agreement, recover possession of the storage space, remove the occupant, and dispose of the stored personal property. The action shall be conducted in accordance with the Minnesota Rules of Civil Procedure, except as provided in this section.
The summons must be served at least seven days before the date of the court appearance as provided in subdivision 3.
Except as provided in subdivision 4, in an action filed under this section the appearance shall be not less than seven or more than 14 days from the day of issuing the summons.
If the owner files a motion and affidavit stating specific facts and instances in support of an allegation that the occupant is causing a nuisance or engaging in illegal or other behavior that seriously endangers the safety of others, others' property, or the storage facility's property, the appearance shall be not less than three days nor more than seven days from the date the summons is issued. The summons in an expedited hearing shall be served upon the occupant within 24 hours of issuance unless the court orders otherwise for good cause shown.
At the court appearance specified in the summons, the defendant may answer the complaint, and the court shall hear and decide the action, unless it grants a continuance of the trial, which may be for no longer than six days, unless all parties consent to longer continuance.
The occupant is prohibited from bringing counterclaims in the action that are unrelated to the possession of the storage space. Nothing in this section prevents the occupant from bringing the claim in a separate action.
Judgment in matters adjudicated under this section shall be in accordance with section 504B.345. Execution of a writ issued under this section shall be in accordance with section 504B.365.
514.978 WAIVER OR MODIFICATION PROHIBITED.
The owner and occupant may not waive or modify the provisions of sections 514.970 to 514.979.
514.979 ADVERTISING.
No owner shall advertise or represent its services, or permit its services to be advertised or represented, in a manner that uses the word "warehouse" unless the owner is licensed and bonded as provided in chapter 231.
Nothing in this section prohibits the use of the term "self-service storage facility" in an advertisement or representation.
515A.1-105 PROPERTY TAXATION.
(a) Each unit together with its common element interest constitutes for all purposes a separate parcel of real estate.
(b) If a declaration is recorded prior to 30 days before any installment of real estate taxes becomes payable, the local taxing authority shall split the taxes so payable on the condominium among the units. Interest and penalties which would otherwise accrue shall not begin to accrue until at least 30 days after the split is accomplished.
(c) A unit used for residential purposes together with not more than two units used for vehicular parking and their common element interests shall be treated the same as any other real estate in determining whether homestead exemptions or classifications shall apply.
For purposes of property taxation, the residential units in a structure or building which are initially constructed as condominiums or are being converted into condominiums shall be valued as provided in section 273.11, subdivision 9.
514.980 MEDICAL ASSISTANCE LIENS; DEFINITIONS.
The definitions in this section apply to sections 514.980 to 514.985.
"Medical assistance agency" or "agency" means the state Department of Human Services when it provides a medical assistance benefit.
"Medical assistance benefit" means a benefit provided under chapter 256B to a person while in a medical institution. A "medical institution" is defined as a nursing facility, intermediate care facility for persons with developmental disabilities, or inpatient hospital.
515A.1-104 VARIATION BY AGREEMENT.
Except as expressly otherwise provided in sections 515A.1-101 to 515A.4-117, provisions of sections 515A.1-101 to 515A.4-117 may not be varied by agreement, and rights conferred by sections 515A.1-101 to 515A.4-117 may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of sections 515A.1-101 to 515A.4-117 or the declaration.
515A.1-101 SHORT TITLE.
Sections 515A.1-101 to 515A.4-117 shall be known and may be cited as the "Uniform Condominium Act."
514.982 MEDICAL ASSISTANCE LIEN NOTICE.
A medical assistance lien notice must be dated and must contain:
(1) the full name, last known address, and last four digits of the Social Security number of the medical assistance recipient;
(2) a statement that medical assistance payments have been made to or for the benefit of the medical assistance recipient named in the notice, specifying the first date of eligibility for benefits;
(3) a statement that all interests in real property owned by the persons named in the notice may be subject to or affected by the rights of the agency to be reimbursed for medical assistance benefits; and
(4) the legal description of the real property upon which the lien attaches, and whether the property is registered property.
Any notice, release, or other document required to be filed under sections 514.980 to 514.985 must be recorded or filed in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located. Notwithstanding section 386.77, the agency shall pay the applicable filing fee for any document filed under sections 514.980 to 514.985. An attestation, certification, or acknowledgment is not required as a condition of filing. If the property described in the medical assistance lien notice is registered property, the registrar of titles shall record it on the certificate of title for each parcel of property described in the lien notice. If the property described in the medical assistance lien notice is abstract property, the recorder shall file the medical assistance lien in the county's grantor-grantee indexes and any tract indexes the county maintains for each parcel of property described in the lien notice. The recorder shall return recorded medical assistance lien notices for abstract property to the agency at no cost. If the agency provides a duplicate copy of a medical assistance lien notice for registered property, the registrar of titles shall show the recording data for the medical assistance lien notice on the copy and return it to the agency at no cost. The filing or mailing of any notice, release, or other document under sections 514.980 to 514.985 is the responsibility of the agency.
514.984 LIEN DOES NOT AFFECT OTHER REMEDIES.
Sections 514.980 to 514.985 do not limit the right of an agency to file a claim against the estate of a medical assistance recipient or the estate of the spouse or limit any other claim for reimbursement of agency expenses or the availability of any other remedy provided to the agency.
514.983 LIEN ENFORCEMENT; LIMITATION.
Subject to subdivision 2, a medical assistance lien may be enforced by the agency that filed it by foreclosure in the manner provided for foreclosure of a judgment lien under chapter 550.
(a) A medical assistance lien may not be enforced against homestead property of the medical assistance recipient or the spouse while it remains the lawful residence of the medical assistance recipient's spouse.
(b) A medical assistance lien remains enforceable as provided in sections 514.980 to 514.985, notwithstanding any law limiting the enforceability of a judgment.
514.985 AMOUNTS RECEIVED TO SATISFY LIEN.
Amounts received by the agency to satisfy a medical assistance lien filed by the agency must be deposited in the state treasury and credited to the fund from which the medical assistance payments were made. Amounts received by a county to satisfy a medical assistance lien filed by the agency must be forwarded to the agency and deposited and credited as provided for in this section.
515A.1-102 APPLICABILITY.
(a) Sections 515A.1-105 (Property Taxation), 515A.1-106 (Applicability of Local Ordinances, Regulations, and Building Codes), 515A.1-107 (Eminent Domain), 515A.2-103 (Construction and Validity of Declaration and Bylaws), 515A.2-104 (Description of Units), 515A.3-102 (a) (1) to (5) and (9) to (12) (Powers of Unit Owners' Association), 515A.3-111 (Tort and Contract Liability), 515A.3-112 (Insurance), 515A.3-115 (Lien for Assessments), 515A.3-116 (Association Records), 515A.4-107 (Resales of Units), 515A.4-1075 (Purchaser's Right to Cancel), and 515A.1-103 (Definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state prior to August 1, 1980; provided, however, that these sections apply only with respect to events and circumstances occurring after July 31, 1980, and do not invalidate existing provisions of the declaration, bylaws, or floor plans of those condominiums.
(b) Sections 515A.1-101 to 515A.4-117 apply to all condominiums created within this state after August 1, 1980. The provisions of sections 515.01 to 515.29 do not apply to condominiums created after August 1, 1980, and do not invalidate any amendment to the declaration, bylaws, or floor plans of any condominium created before August 1, 1980, or to a condominium plat of any condominium created before August 1, 1986, if the amendment would be permitted by sections 515A.1-101 to 515A.4-117. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by sections 515.01 to 515.29. If the amendment grants to any person any rights, powers or privileges permitted by sections 515A.1-101 to 515A.4-117, all correlative obligations, liabilities, and restrictions in sections 515A.1-101 to 515A.4-117 also apply to that person.
515A.1-109 CONSTRUCTION AGAINST IMPLICIT REPEAL.
Sections 515A.1-101 to 515A.4-117 being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
515A.1-110 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Sections 515A.1-101 to 515A.4-117 shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of sections 515A.1-101 to 515A.4-117 among states enacting it.