reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.13 — Relater To Be Joined.

556.13 RELATER TO BE JOINED.
When an action is brought by virtue of this chapter on the complaint or information of any person having an interest therein, the name of such person shall be joined with the state as plaintiff.
History:
(9713) RL s 4547
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.01 — Nonresident, Agent To Accept Service.

557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE.
Any nonresident person or corporation owning or claiming any interest or lien in or upon lands in the state may file with the secretary of state a writing, executed and acknowledged in the manner of a conveyance, appointing a resident agent, whose place of residence shall be stated, to accept service of process or summons in any action or proceeding in the courts of the state concerning such interest or lien, except actions or proceedings for the collection of taxes, and consenting that service of such process or summons upon such agent shall be binding upon the person executing the same. Such writing shall be recorded by the secretary. No service by publication of summons shall be made upon any such nonresident who has complied with the provisions hereof, but in all such cases service of such process or summons, or of any writ or notice in the action or proceedings, shall be made upon such agent in the manner provided by law for such service upon residents of the state, and have the same effect as personal service within the state upon such owner or claimant; but, if such party appears by attorneys therein, the service of papers shall thereafter be upon such attorney. The authority of such agent may be revoked by writing similarly executed and acknowledged and recorded, but no revocation shall affect any action or proceeding then pending. The fee for each filing made under this section is $50.
History:
(9520) RL s 4387; 2010 c 379 s 2
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.02 — Notice Of Lis Pendens.

557.02 NOTICE OF LIS PENDENS.
In all actions in which the title to, or any interest in or lien upon, real property is involved or affected, or is brought in question by either party, any party thereto, at the time of filing the complaint, or at any time thereafter during the pendency of such action, may file for record with the county recorder of each county in which any part of the premises lies a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property in such county involved, affected or brought in question thereby. From the time of the filing of such notice, and from such time only, the pendency of the action shall be notice to purchasers and encumbrancers of the rights and equities of the party filing the same to the premises. When any pleading is amended in such action, so as to alter the description of, or to extend the claim against, the premises affected, a new notice may be filed, with like effect. Such notice shall be recorded in the same manner in which mortgages are recorded, and may be discharged by writing executed and acknowledged in the manner of conveyance. The filing of such lis pendens at the time of filing the complaint and before the commencement of the action shall have no force, effect, or validity against the premises described in the lis pendens, unless the filing of the complaint is followed by the service of the summons in the action within 90 days after the filing of the complaint therein. Any party claiming any title or interest in or to the real property involved or affected may on such notice as the court shall in each case prescribe, make application to the district court in the county in which the action is pending or in which the real property involved or affected is situated, for an order discharging the lis pendens of record, when any such action has not been brought on for trial within two years after the filing of the lis pendens and in case the court orders the lis pendens discharged of record upon the filing of a certified copy of the order of the court in the office of the county recorder, where the real property is situated, the lis pendens shall be void and of no force nor effect.
History:
(9521) RL s 4389; 1907 c 332 s 1; 1919 c 527 s 1; 1976 c 181 s 2; 1986 c 444; 2008 c 341 art 3 s 7
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.021 — Lis Pendens; Notice; Limit, Ten Years.

557.021 LIS PENDENS; NOTICE; LIMIT, TEN YEARS.
No lis pendens now of record or hereafter filed shall be notice, either actual or constructive, of the pendency of any action or of any of the matters referred to in the court files and records pertaining to the action noticed by such lis pendens, after such lis pendens has been of record for ten years unless a new notice of lis pendens in the same action is filed within said ten years.
History:
1947 c 326 s 1; 2016 c 158 art 1 s 200
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.023 — Application.

557.023 APPLICATION.
Nothing in sections 557.021 to 557.023 shall increase the effect or lengthen the term for which a lis pendens is notice under any existing law, nor create a right to renew the operation of a lis pendens already barred by some other law.
History:
1947 c 326 s 3
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.03 — Notice Of No Personal Claim.

557.03 NOTICE OF NO PERSONAL CLAIM.
When in any such action there are defendants against whom no personal claim is made, the plaintiff may serve upon them, at the time of the service of the summons, a notice subscribed by the plaintiff or the plaintiff's attorney, and setting forth the general object of the action, a description of the property affected by it, and that no personal claim is made against such defendants. If any defendant on whom such notice is served unreasonably defends the action, that defendant shall pay full costs to the plaintiff.
History:
(9522) RL s 4390; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.05 — Reversioner May Sue.

557.05 REVERSIONER MAY SUE.
A person seized of an estate in remainder or reversion may maintain a civil action for any injury done to the inheritance, notwithstanding an intervening estate for life or years.
History:
(9578) RL s 4444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.06 — Action Against Cotenant.

557.06 ACTION AGAINST COTENANT.
One joint tenant or tenant in common, and the tenant's executors or administrators, may maintain an action against a cotenant for receiving more than the just proportion of the rents and profits of the estate owned by them as joint tenants or tenants in common.
History:
(9579) RL s 4445; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.08 — Forcible Eviction; Treble Damages.

557.08 FORCIBLE EVICTION; TREBLE DAMAGES.
If a person who is put out of real property in a forcible manner without lawful authority, or who, being so put out, is afterwards kept out by force, shall recover damages therefor, judgment may be entered for three times the amount at which the actual damages are assessed.
History:
(9587) RL s 4451
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.09 — Eviction; Treble Damages.

557.09 EVICTION; TREBLE DAMAGES.
In case of eviction, if a person, claiming in good faith, under color of title, to be rightfully in possession, so put out or kept out, shall recover damages therefor, judgment may be entered in that person's favor for three times the amount at which the actual damages are assessed.
History:
(9588) RL s 4452; 1986 c 444; 2003 c 2 art 2 s 17
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 557 — Actions Relating To Real Property › Section 557.10 — Ownership Of Crops.

557.10 OWNERSHIP OF CROPS.
Planted and growing crops are personal property of the person or entity that has the property right to plant the crops.
History:
1986 c 398 art 12 s 2
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.01 — Partition, Sale; Who May Bring Action.

558.01 PARTITION, SALE; WHO MAY BRING ACTION.
When two or more persons are interested, as joint tenants or as tenants in common, in real property in which one or more of them have an estate of inheritance or for life or for years, an action may be brought by one or more of such persons against the others for a partition thereof according to the respective rights and interests of the parties interested therein, or for a sale of such property, or a part thereof, if it appears that a partition cannot be had without great prejudice to the owners.
History:
(9524) RL s 4392
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.02 — Summons; Service.

558.02 SUMMONS; SERVICE.
The summons shall be addressed by name to all the owners and lienholders who are known, and may also be addressed "to all other persons unknown having or claiming an interest in the property described in the complaint herein." Service of the summons may be had upon all such unknown persons defendant by publication in the same manner as against nonresident defendants, upon the filing of the complaint, in which case the plaintiff shall, before the commencement of the action, file with the county recorder a notice of the pendency of the action.
History:
(9525) RL s 4393; 1967 c 29 s 1; 1976 c 181 s 2
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.03 — Complaint.

558.03 COMPLAINT.
The complaint shall particularly set forth the interest of all persons in the property, whether by way of ownership or lien, so far as known to the plaintiff; and if any such person, or the person's share or interest, is unknown to the plaintiff, or is uncertain or contingent, or the ownership of the inheritance depends upon an executory devise, or there is a contingent remainder, so that such person cannot be named, that fact shall be set forth. The complaint shall also state the cash value of the property, and shall be verified.
History:
(9526) RL s 4394; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.04 — Judgment For Partition; Referees.

558.04 JUDGMENT FOR PARTITION; REFEREES.
Except as provided in section 558.05, the title to the property and the rights of the parties shall be established by evidence or by the written stipulation of the parties to be affected thereby; and thereupon, in a proper case, the court shall render judgment that partition be made accordingly, and shall appoint three disinterested and judicious citizens of the county as referees to make partition and set off the shares of the several persons interested as determined by the judgment.
History:
(9527) RL s 4395
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.05 — Dispute Between Defendants No Defense.

558.05 DISPUTE BETWEEN DEFENDANTS NO DEFENSE.
If the title of the plaintiff to a certain undivided share of the property is proved or admitted, it shall not be a defense that there is a dispute or litigation undetermined between some of the defendants as to the right or title of such defendants in or to any undivided shares of the property claimed by them; but in such case the court shall render judgment that partition be made, or that the property be sold as in other cases, and shall cause the portion of the property or of the proceeds thereof pertaining to such undivided shares in dispute to be allotted to the defendants claiming the same, without determining their respective rights thereto, and, in case of sale, may order the portion of the proceeds pertaining to such shares to be paid into court to abide the result of any existing or subsequent litigation between such defendants.
History:
(9528) RL s 4396
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.06 — Duty Of Referees; Report; Expenses.

558.06 DUTY OF REFEREES; REPORT; EXPENSES.
When partition is made, the referees shall divide the property, and allot the several portions thereof to the respective parties, quantity and quality relatively considered, according to their respective rights, designating the several portions by proper landmarks, and may employ a surveyor, with necessary assistants, to aid them therein. They shall make a report of their proceedings, specifying the manner of executing the trust, and describing the property and the share allotted to each party, with a particular description thereof. The expenses and fees of the referees, including those of a surveyor and assistants, when employed, shall be paid by the plaintiff, and may be allowed as part of the charges.
History:
(9529) RL s 4397; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.07 — Confirmation Of Report; Final Judgment.

558.07 CONFIRMATION OF REPORT; FINAL JUDGMENT.
The court may confirm or set aside the report, and, if necessary, appoint new referees. Upon the report being confirmed, final judgment shall be rendered that such partition be effectual forever, and such judgment shall be binding:
(1) On all the parties named therein, and their legal representatives, who had at the time any interest in the property divided, as owners in fee or as tenants for years, or as entitled to the remainder, reversion, or inheritance thereof, after the determination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest therein, or who have an interest in an undivided share thereof as tenants for years or for life;
(2) On all persons interested in the property who may be unknown, and to whom notice has been given by publication of the summons;
(3) On all persons claiming from such parties or persons, or either of them.
History:
(9530) RL s 4398
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.08 — Persons Not Affected.

558.08 PERSONS NOT AFFECTED.
Such judgment shall not affect tenants or persons having claims as tenants for life to the whole of the property which is subject of the partition; nor shall such judgment preclude any persons except such as are specified in section 558.07 from claiming title to such property, or from controverting the title of the parties between whom partition is made.
History:
(9531) RL s 4399
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.09 — Liens, How Affected.

558.09 LIENS, HOW AFFECTED.
When there is a lien on an undivided interest or estate of any of the parties, if partition is made such lien is thenceforth a charge only on the share allotted to such party; but such share shall first be charged with its just proportion of the costs and charges of the partition, in preference to such lien.
History:
(9532) RL s 4400
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.10 — Costs Apportioned.

558.10 COSTS APPORTIONED.
The costs, charges, and disbursements of partition shall be paid by the parties respectively entitled to share in the land, and the amounts to be paid by each shall be determined by the court, and specified in the final judgment. Such judgment may be docketed, and payment of such amounts may be enforced by execution against the property of the respective judgment debtors as in the case of other judgments for money.
History:
(9533) RL s 4401
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.11 — Compensation Because Of Inequality.

558.11 COMPENSATION BECAUSE OF INEQUALITY.
When it appears that partition cannot be made equal between the parties without prejudice to the rights or interests of some, the court may adjudge compensation to be made by one to another for equality of partition; but such compensation shall not be required to be made by an unknown owner, nor by an infant, unless it appear that the infant has personal property sufficient therefor, and that the infant's interest will be promoted thereby.
History:
(9534) RL s 4402; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.12 — Indivisible Property May Be Set Off; Occupancy Assigned.

558.12 INDIVISIBLE PROPERTY MAY BE SET OFF; OCCUPANCY ASSIGNED.
When the premises consist of a mill or other tenement which cannot be divided without damage to the owners, or when any specified part is of greater value than either party's share, and cannot be divided without damage to the owners, the whole premises or the part so incapable of division may be set off to any party who will accept it, that party paying to one or more of the others such sums of money as the referees award to make the partition just and equal; or the referees may assign the exclusive occupancy and enjoyment of the whole or of such part to each of the parties alternately for specified times, in proportion to their respective interests.
History:
(9535) RL s 4403; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.13 — Occupant Liable To Cotenants; Trespass.

558.13 OCCUPANT LIABLE TO COTENANTS; TRESPASS.
When the whole or a specific part of the premises is thus assigned, the person entitled for the time being to the exclusive occupancy shall be liable to the cotenants for any injury thereto occasioned by that person's misconduct, as a tenant for years under a common lease without express covenants would be liable to the landlord; and the other tenants in common may have their remedy therefor against the person entitled to exclusive occupancy by action, jointly or severally, at their election. While the estate is in the exclusive occupancy of such cotenant, that cotenant shall have the same remedy against one who trespasses upon or otherwise injures the premises as if the cotenant held the same under a lease for the term for which they were so assigned, and the cotenant and all the other tenants in common may recover such other and further damages as they have sustained by the same trespass or injury in like manner as if the premises had been leased by them. Joint damages recovered by such tenants in common shall be apportioned and divided between them according to their respective rights by the court in which the judgment is recovered.
History:
(9536) RL s 4404; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.14 — Sale May Be Ordered.

558.14 SALE MAY BE ORDERED.
Except as provided in section 558.15, if it is alleged in the complaint and established by evidence that the property, or any part of it, is so situated that partition cannot be had without great prejudice to the owners, the court may order a sale of the property or of such part, and for that purpose may appoint one or more referees; or when, without such allegation and proof, referees are appointed to make partition, who report that the property, or any distinct part of it, is so situated that partition cannot be had without great prejudice to the owners, and the court is satisfied that such report is correct, it may order the referees to sell the property or such part.
History:
(9537) RL s 4405
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.15 — Liens; New Parties; No Sale, When.

558.15 LIENS; NEW PARTIES; NO SALE, WHEN.
Proof shall be made of the existence, amount, and priority of any liens on the property of which partition is sought in such manner and upon such notice to those interested as the court shall direct. When any person having a lien has not been made a party, the court may make an order requiring that person to appear and become a party defendant, and no such person can be affected by a sale unless made a party. If there are liens on the property amounting to more than its value as alleged in the complaint, or if it appears probable after examination that the property will not sell for a sum in cash equal to the amount of such liens, with costs and expenses, no sale shall be ordered; but, if such liens do not amount to the value of the property as admitted or proved, the court may order a sale, and in such case the sale shall not be delayed by the proceedings to ascertain the priority of the liens.
History:
(9538) RL s 4406; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.16 — Proceeds, How Applied.

558.16 PROCEEDS, HOW APPLIED.
The proceeds of the sale of the property shall be applied under the direction of the court as follows:
(1) to pay its just proportion of the general costs of the action;
(2) to pay the costs of the reference;
(3) to satisfy and cancel of record the several liens, if any, in their order of priority, by payment of the sums due and to become due; the amount remaining due to be verified by affidavit at the time of payment;
(4) the residue among the owners of the property sold, according to their respective shares.
History:
(9539) RL s 4407
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.17 — Sale Of Real Property Under Action For Partition; Notice.

558.17 SALE OF REAL PROPERTY UNDER ACTION FOR PARTITION; NOTICE.
The sale may be by public auction to the highest bidder for cash, upon published notice in the manner required for the sale of real property on execution. The notice shall state the terms of the sale; and if the property, or any part of it, is to be sold subject to a prior estate, charge, or specific lien, the notice shall so state. The terms of sale shall be made known at the time thereof, and, if the premises consist of distinct farms or lots, they shall be sold separately. The court may, if it be for the best interests of the owners of the property, order such property sold by private sale. If a private sale be ordered the real estate shall be appraised by two or more disinterested persons under order of the court, which appraisal shall be filed before the confirmation of the sale by the court. No real estate shall be sold at private sale for less than its value as fixed by such appraisal. The court may order sale of real estate for cash, part cash and a purchase money mortgage of not more than 50 percent of the purchase price, or on contract for deed.
History:
(9540) RL s 4408; 1937 c 190 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.18 — Persons Prohibited From Purchasing.

558.18 PERSONS PROHIBITED FROM PURCHASING.
Neither the referees, nor any person for the benefit of either of them, shall be interested, directly or indirectly, in any purchase of the premises sold; nor shall a guardian of an infant party be interested in any such purchase, except for the benefit of the infant. All sales contrary to this section are void.
History:
(9541) RL s 4409
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.19 — Purchase By Part Owner.

558.19 PURCHASE BY PART OWNER.
When a party entitled to a share in the property, or an encumbrancer entitled to have a lien paid out of the proceeds of the same, becomes a purchaser, the referees may take the receipt for so much of the proceeds of the sale as belong to the entitled party or encumbrancer. They shall also pay over to the plaintiff or the plaintiff's attorney, and take the plaintiff's receipt for, the costs and charges of the action.
History:
(9542) RL s 4410; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.20 — Report Of Sale.

558.20 REPORT OF SALE.
The referees shall report the sale to the court, describing the different parcels sold to each purchaser, and specifying the name of the purchaser, the price paid or secured, and the terms and conditions of the sale, which report shall be filed with the court administrator.
History:
(9543) RL s 4411; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.21 — Final Judgment On Confirming Report.

558.21 FINAL JUDGMENT ON CONFIRMING REPORT.
If the sale is confirmed by the court, final judgment shall be entered directing the referees to execute conveyances pursuant thereto, and also directing the application of the proceeds of the sale.
History:
(9544) RL s 4412
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.215 — Orders, Interlocutory Judgments; Appeals.

558.215 ORDERS, INTERLOCUTORY JUDGMENTS; APPEALS.
Any party to any partition proceedings may appeal from any order or interlocutory judgment made and entered pursuant to section 558.04, 558.07, 558.14, or 558.21, to the court of appeals within 30 days after the making and filing of the order or interlocutory judgment. Any appeal shall be taken as in other civil cases.
All matters determined by any order or interlocutory judgment shall be conclusive and binding upon all parties to the proceedings and shall never be subject to review by the court unless appealed from as provided herein.
History:
1941 c 448 s 1,2; 1983 c 247 s 190; 1984 c 655 art 1 s 76
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.22 — Claims To Proceeds, How Determined.

558.22 CLAIMS TO PROCEEDS, HOW DETERMINED.
When the proceeds of sale of any shares belonging to parties to the action who are known are paid into court the action may be continued as between them for the determination of their respective claims thereto. Further testimony may be taken in court or by a referee, at the discretion of the court, which may, if necessary, require the parties to present the facts in controversy by pleadings, as in an original action. The proceedings authorized by this section shall not delay or affect any party whose rights are not involved therein.
History:
(9545) RL s 4413
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.23 — Record And Effect Of Conveyances.

558.23 RECORD AND EFFECT OF CONVEYANCES.
The conveyances executed by the referees shall be recorded and shall bar all parties to the action, including all persons having liens, specific or general, against the property, and all persons unknown, interested in the property, to whom notice has been given by publication of the summons, and all persons claiming under them or any of them.
History:
(9546) RL s 4414
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.24 — Sale Of Part; Life Estate Or For Years.

558.24 SALE OF PART; LIFE ESTATE OR FOR YEARS.
When a part of the property only is ordered to be sold, if there is an estate for life or for years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered sold.
History:
(9547) RL s 4415
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.25 — Estate For Life Or Years, May Be Set Off Or Sold.

558.25 ESTATE FOR LIFE OR YEARS, MAY BE SET OFF OR SOLD.
When the estate of a tenant for life or for years in the whole or any part of the property has been proved or admitted to exist at the time of the order for sale, and the person entitled thereto has been made a party, such estate may first be set off out of any part of the property, and a sale made of such part subject to such estate; but if, in the judgment of the court, a due regard to the interest of all parties requires that such estate be sold, the sale may be so ordered. If a sale of the property including such estate is ordered, such estate passes thereby, and the purchaser, the purchaser's heirs and assigns, shall hold the property discharged from all claim by virtue thereof, whether the same relate to the undivided share of a joint tenant or tenant in common, or to the whole or any part of the property sold.
History:
(9548) RL s 4416; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.26 — Sum In Lieu Of Estate; Investing Proceeds; Unknown Parties.

558.26 SUM IN LIEU OF ESTATE; INVESTING PROCEEDS; UNKNOWN PARTIES.
Such person whose estate has been so sold shall be entitled to receive such sum in gross as may be deemed, upon principles of law applicable to annuities, a reasonable satisfaction therefor. That person's written consent to accept such sum in lieu of such estate, executed and acknowledged in the same manner as a conveyance, must be filed at or before the report of sale. If consent be not so given, the court shall direct that the whole proceeds of the sale of the property, or of the individual share thereof in which such estate may be, shall be deposited in court, and invested for the benefit of the person entitled to such estate during the period thereof; and, if any person entitled to any such estate is unknown, the court shall provide for the protection of the unknown person's rights in the same manner, so far as may be, as if that person were known and had appeared. In all cases the proper proportion of expenses of the proceedings shall be deducted from the proceeds of sale.
History:
(9549) RL s 4417; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.27 — Future Estates.

558.27 FUTURE ESTATES.
When it appears that any person has a vested or contingent future right or estate in any of the property divided or sold, the court shall ascertain and settle the proportionate value thereof according to the principles of law applicable to annuities and survivorships, and direct such proportion of the proceeds of sale to be invested, secured, or paid over in such manner as to protect the rights and interests of the parties.
History:
(9550) RL s 4418
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.28 — Release Of Contingent Interest.

558.28 RELEASE OF CONTINGENT INTEREST.
A married person may release to a spouse a contingent interest in real estate by a writing executed and acknowledged in the same manner as a conveyance, and, upon the filing of the instrument with the court administrator, the whole proceeds arising from the sale shall be paid to the spouse to whom the interest was released. The release shall bar the releaser's contingent interest in the real estate.
History:
(9551) RL s 4419; 1981 c 31 s 17; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.29 — Investment Of Proceeds.

558.29 INVESTMENT OF PROCEEDS.
When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no representative within it, or when there are proceeds arising from the sale of property including the prior estate of a tenant for life or for years, which are paid into court or deposited with the court administrator, the same shall be invested in interest-bearing securities for the benefit of the persons entitled thereto. Except as in this chapter otherwise provided, such investment shall be made in the name of the court administrator and the court administrator's successors in office, who shall hold the same for the use and benefit of the persons interested, subject to the order of the court. The court administrator shall receive the interest and principal as it becomes due, apply and invest the same as the court may direct, file in the court administrator's office the securities taken, and keep an account of such investments and of the moneys received thereon and the disposition thereof, in a book kept for that purpose, which shall be open to inspection by all persons.
History:
(9552) RL s 4420; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.30 — Share Of Infant, How Paid.

558.30 SHARE OF INFANT, HOW PAID.
When the share of an infant is sold, that share of the proceeds may be paid by the referees making the sale to the infant's general guardian, or to the special guardian appointed for the infant in the action, if the guardian has given the security required by law.
History:
(9553) RL s 4421; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.31 — Share Of Person Who Lacks Mental Capacity.

558.31 SHARE OF PERSON WHO LACKS MENTAL CAPACITY.
When the share of a person who lacks the mental capacity to make decisions, or other person adjudged to lack the mental capacity to conduct the person's own affairs, is sold, that person's share of the proceeds may be paid by the referees making the sale to the guardian who is entitled to the custody and management of that person's estate, if the guardian has executed an undertaking, approved by a judge of the court, to faithfully discharge the trust reposed in the guardian, and will render a true and just account to the person entitled thereto, or that person's representatives.
History:
(9554) RL s 4422; 1986 c 444; 2013 c 59 art 3 s 14
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 558 — Partition Of Real Property › Section 558.32 — Proceedings When State A Party.

558.32 PROCEEDINGS WHEN STATE A PARTY.
The state may be made a party to an action for the sale or partition of real property, in which case the summons and complaint shall be served upon the attorney general, who shall appear on behalf of the state.
History:
(9555) RL s 4423
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.01 — Action To Determine Adverse Claims.

559.01 ACTION TO DETERMINE ADVERSE CLAIMS.
Any person in possession of real property personally or through the person's tenant, or any other person having or claiming title to vacant or unoccupied real property, may bring an action against another who claims an estate or interest therein, or a lien thereon, adverse to the person bringing the action, for the purpose of determining such adverse claim and the rights of the parties, respectively.
History:
(9556) RL s 4424; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.013 — State As Defendant.

559.013 STATE AS DEFENDANT.
Subdivision 1.
Service, notice to AG.
The state may be made a party defendant to an action brought under Minnesota Statutes 1949, section 559.01. In such cases where the state is made a party the summons and complaint shall be served upon the attorney general, who shall represent the state in the action and defend in all cases where it appears the state in fact has an interest which will be affected. A notice directed to the attorney general shall be served with the summons and complaint stating the nature of the claim the state makes, or appears to make.
Subd. 2.
Limitations, costs.
If the state is joined in an action under subdivision 1 and interposes an answer so that issue is joined thereon as between the plaintiff and the state, the state, in addition to any costs to which it may be entitled under Minnesota Statutes 1949, section 549.02, may have costs in such amount as the court allows not to exceed $50, on motion made upon not less than two days' notice, whenever it appears that there was no reasonable ground for joining the state, whether or not there is dismissal as to the state before final judgment.
History:
1953 c 21 s 1,2; 1955 c 332 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.02 — Unknown Defendants.

559.02 UNKNOWN DEFENDANTS.
In any action brought under section 559.01, the plaintiff may insert in the title thereof, in addition to the names of such persons as are known or appear of record to have some right, title, estate, interest, or lien in or on the real property in controversy, the following: "Also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein." Service of the summons may be had upon all such unknown persons defendant by publication in the same manner as against nonresident defendants, upon the filing of an affidavit of the plaintiff, the plaintiff's agent or attorney, stating the existence of a cause of action under section 559.01, and if in addition to the above known or unknown defendants, the heirs of a deceased person are proper parties defendant, and their names are unknown, and such affidavit shall further state that the heirs of such deceased person are proper parties to such action, and that their names and residences cannot with reasonable diligence be ascertained, then service of summons may be made on such unknown heirs by publication thereof in the same manner as against nonresidents, and in such case the plaintiff may insert in the title thereof the following: "Also the unknown heirs of (naming the deceased) and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein." The plaintiff shall, before the commencement of such publication, file with the county recorder a notice of the pendency of the action. All such unknown persons so served shall have the same rights to appear and defend before and after judgment as would named defendants upon whom service is made by publication, and any order or judgment in the action shall be binding upon them, whether they be of age or minors; but, if they be minors when judgment is rendered, they may be allowed to defend at any time within two years after becoming of age.
History:
(9557) RL s 4425; 1919 c 344 s 1; 1923 c 434 s 1; 1967 c 28 s 1; 1976 c 181 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.03 — Disclaimer; Default; Costs.

559.03 DISCLAIMER; DEFAULT; COSTS.
If the defendant, in the answer, disclaims any interest in the property, or suffers judgment to be taken against the defendant without answer, the plaintiff cannot recover costs; but if the summons has been served upon the defendant personally, and it is made to appear that after the accrual of the cause of action, and before commencement thereof, the plaintiff demanded in writing of the defendant, and the defendant neglected to execute within a reasonable time thereafter, a good and sufficient quitclaim deed of the property described in the complaint, upon tender of such deed ready for execution, the plaintiff shall nevertheless recover costs.
History:
(9558) RL s 4426; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.04 — Claimants Under Common Grantor; Joinder.

559.04 CLAIMANTS UNDER COMMON GRANTOR; JOINDER.
When lots or tracts of real estate are claimed in severalty by two or more persons from or under conveyance from the same grantor, as the common source of title, and an adverse claim of title thereto is made by some person as against the title of such grantor, any one claiming under such grantor may bring an action in behalf of the grantor and all others who may come in and become parties thereto against such adverse claimant, to have the title to such grantor perfected or quieted as to such lots or tracts claimed by the plaintiff and the others who may become parties. Any person who so claims under the same grantor as the plaintiff, and whose title is controverted by the same defendant upon the same ground as the title of the plaintiff, may become a party, as of course, by filing a complaint setting forth the property claimed and the source of title, and may have the claimed rights adjudicated with those of the original plaintiff. The answer of the defendant shall be taken as an answer to all who may thus become parties.
History:
(9559) RL s 4427; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.05 — Action Against Cotenant; Denial Of Right.

559.05 ACTION AGAINST COTENANT; DENIAL OF RIGHT.
In an action by a tenant in common or joint tenant of real property against a cotenant, the plaintiff shall show, in addition to the evidence of the plaintiff's right, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.
History:
(9560) RL s 4428; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.06 — Termination Of Plaintiff's Right Pending Action.

559.06 TERMINATION OF PLAINTIFF'S RIGHT PENDING ACTION.
In an action for the recovery of real property, when the plaintiff shows a right to recover at the time the action was commenced, but it appears that such right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property.
History:
(9561) RL s 4429
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.07 — Ejectment; Trial, How Conducted; No Second Trial.

559.07 EJECTMENT; TRIAL, HOW CONDUCTED; NO SECOND TRIAL.
The trial of all actions of ejectment or of any other action in the courts of this state involving the possession of real estate shall be conducted as are other civil actions, and the right to a second trial of such actions is hereby abolished.
History:
(9562) 1911 c 139 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.08 — Ejectment; Damages; Improvements.

559.08 EJECTMENT; DAMAGES; IMPROVEMENTS.
Damages for withholding the property recovered shall not exceed the fair value of the use of the property, exclusive of the use of improvements made by the defendant, for a period not exceeding six years; and, when permanent improvements have been made by a defendant, or those under whom the defendant claims, holding under color of title adversely to the claims of the plaintiff, in good faith, the value thereof shall be allowed as a setoff against the damages of the plaintiff.
History:
(9563) RL s 4432; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.09 — Removal Of Building Erected In Good Faith.

559.09 REMOVAL OF BUILDING ERECTED IN GOOD FAITH.
When any person, in good faith and under color of title, and with good reason to believe that the legal title to land is vested in the person, has erected any building or other structure thereon, when the legal and equitable title thereto was vested in another, such person may remove the same, doing no unnecessary damage, and in so doing shall be liable only for the actual damage to the land. Such removal shall be made within 60 days after the determination adversely to that person of any action or proceeding respecting the title, or within 60 days after notice from the holder of the legal title to remove the same; provided, if, within 60 days after receiving such notice, such person brings action to try such title, that person may make such removal within 60 days after the determination thereof.
History:
(9564) RL s 4433; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 559 — Adverse Claims To Real Property › Section 559.10 — Occupying Claimant; Compensation For Improvements.

559.10 OCCUPYING CLAIMANT; COMPENSATION FOR IMPROVEMENTS.
When any person, under color of title in fee and in good faith, has peaceably taken possession of land for which that person has given a valuable consideration, or when any person has taken possession of land under the official deed of any person or officer empowered by law or by any court of competent jurisdiction to sell land, and such deed is regular upon its face, and the person has no actual notice of any defects invalidating the same, neither such person, nor the person's heirs, representatives, or assigns, shall be ejected from such land, except as hereinafter provided, until compensation is tendered the person or the person's heirs, representatives, or assigns for such improvement which the person or the person's heirs, representatives, or assigns have made upon such land previous to actual notice of the claim upon which the action is founded, or, in case of possession under an official deed, previous to actual notice of defects invalidating the same. The word "improvement" shall be construed to include all kinds of buildings and fences, and ditching, draining, grubbing, clearing, breaking, and all other necessary or useful labor of permanent value to the land. When the occupant holds as heir, devisee, or grantee, either immediate or remote, of any person who is not a resident of the state, the good faith of the original taker shall be presumed.
History:
(9565) RL s 4434; 1986 c 444