The Legislative Committee develops, proposes, and monitors legislation affecting real estate and real estate transactions. It often focuses on otherwise overlooked aspects relating to mechanical and procedural problems encountered by those who must comply with legislative policies.

The Section’s legislative efforts result in adopting and enhancing the practicality of legislation governing real estate. Those results benefit lawyers and the public alike. Active members can directly participate in the process.

• 2007 Real Estate Legislative Update by Kevin Dunlevy and Jennifer Carey
• 2006 (Preliminary) Real Estate Legislative Update
• 2005 Real Estate Legislative Update (Regular Session)

Current Roster for the Legislative Committee.

Any suggestions or concerns regarding legislation should be directed to the committee’s co-chairs:

Kevin J. Dunlevy
Beisel & Dunlevy PA
730 Second Avenue South #282
Minneapolis, MN 55402
Tel. (612) 436-4343
Fax. (612) 338-6600
e-mail: kevind@bdmnlaw.com

Jennifer Carey
Hanft Fride PA
130 W Superior St #1000
Duluth, MN 55802-2094
Tel. (218) 722-4766
Fax: (218) 529-2401
e-mail: jlc@hanftlaw.com

Council Action on January 28, 2006.
The Real Property Law Section Council acted favorably on these recommendations by the Legislative Committee:

For the 2006 Legislative Session:

Minnesota Common Interest Ownership Act. At the November, 2005, meeting, the Council approved changes to MCIOA in concept but requested that the matter be brought back to the Council in January for review of new language for Minnesota Statutes §515B.3-115. The language proposed by the MCIOA committee was reviewed and approved. The committee also recommended an amendment to MCIOA to cure an accidental inconsistency resulting from the legislative process which the Council approved to change the 5 day notice period therein to 10 days for the sake of consistency. Click here to see the proposed 2006 changes to MCIOA.

Foreign Judgment Statute. In 2005 the legislature, at the recommendation of the Minnesota Association for Court Management passed an amendment to Minnesota Statutes §548.27 intending to comply with the Full Faith and Credit clause of the US Constitution, but the effective date was delayed due to objections by members of the bar. The State Court Administrator’s Office has now determined that the amendment was not required. The following motion was passed by the Council:

“BE IT RESOLVED by the Council of the Real Property Law Section of the Minnesota State Bar Association that Section 1 of Chapter 14, 2005 Session Laws be repealed.”

For the 2007 legislative session:

Sale of Homestead on Execution: The sheriff’s association has asked the help of the Real Property Section in drafting changes to Minnesota Statutes §§ 510.01-.09 and §§550.175-550.24 and §580.24. A draft of this legislation was presented to the Council. The Legislative Committee contemplates that upon approval of the Council, it would distribute the draft to other sections and groups for comment. It is possible that the sheriffs may want to introduce it in this session of the legislature, bu totherwise the Legislative Committee contemplates making it a part of the 2007 legislative agenda. The Draft was approved by the Council for discussion purposes.