This bill introduces the "Minnesota Partition Act," which establishes new legal frameworks for partition actions in Minnesota, applicable to actions commenced on or after August 1, 2025. It allows joint tenants or tenants-in-common to seek partition and grants courts the authority to prevent waste of remainder interests while providing equitable remedies. The bill outlines the roles of referees in the partition process, including their powers to sell property, divide interests, and report on sales. Additionally, it modifies notice requirements for eminent domain proceedings and clarifies the application of transfer on death deeds, ensuring streamlined procedures for summons, service, and the handling of liens and attorney fees.
Key amendments include provisions that allow parties in partition actions to continue claims in court when sale proceeds are deposited, with the court having discretion to award attorney fees from these proceeds. It establishes a 30-day appeal period for orders related to partition proceedings, with binding determinations unless appealed. The bill also enhances notification requirements in eminent domain cases, allowing for appeals regarding damage awards within 40 days and enabling electronic service of notices. Certain sections regarding transfer on death deeds are made retroactive to address title defects, with the overall effective date for partition actions set for August 1, 2025, while some provisions take effect immediately or retroactively.
Statutes affected: Introduction: 117.115, 117.145