This post is part of a series of posts on Minnesota’s Public and Private Nuisance Laws. Separate from public nuisance but sometimes overlapping it, Minnesota statutes also recognize private nuisance. Private nuisance is a form of damage caused by wrongful conduct. The wrongful activity may consist of a statute or ordinance violation, or it may…
This post is part of a series of posts on Minnesota’s Public and Private Nuisance Laws. General Ordinances and Regulation Most local units of government have the authority to define and abate nuisances by means of local ordinance. In the case of home rule charter cities, this authority may be derived from the city charter….
This post is part of a series of posts on Minnesota’s Public and Private Nuisance Laws. State Public Nuisance Law The key element of Minnesota’s statutory public nuisance law is a civil process through which the creation or continuation of common public nuisance activities can be prevented. This process is described below. The law also…
This and the next several posts describe Minnesota laws that provide remedies to combat offensive or injurious conditions or activities that are a “nuisance” to the surrounding community. A condition or activity may be either a “public nuisance” or a “private nuisance” depending on the scope of the problems caused by the nuisance and on…
Minnesota prohibits most ownership of farmland by individuals who are not U.S. citizens. The legislature has wrestled with this issue numerous times; in its 153- year history, the legislature has made several dramatic reversals of previous land ownership policies. This information brief provides background information on Minnesota’s laws limiting farmland ownership by aliens and identifies…
Proprietor and pass-through entities are often used as a proxy for “small businesses” but tax data reveal many of them are not small. Table 3 lists the number of business filing tax returns by organizational form. Most business owners—72 percent nationally and 66 percent in Minnesota—report their income as proprietors rather than bothering to form…
Determining an Offender’s Risk Level The committee assesses the risk posed by an offender who is about to be released from confinement on a case-by-case basis. The committee has access to various data, including medical data, court services data, corrections data, and criminal history data. It considers various risk factors to determine the offender’s risk…
I have represented a number of defendants in cases involving claims that they illegally downloaded a movie, video, music, or software. The following outlines the process involved in these illegal downloading cases and what to do about them if you find yourself defending claims that you illegally downloaded copyrighted material. Illegal Download Lawsuit Process The…
A wage levy, sometimes referred to as a garnishment, is a legal action used to take up to 25 percent of a debtor’s wages to pay a debt. The wage levy notice to an employer includes a disclosure form on which the employer calculates how much “additional withholding” will be taken from the debtor’s wages….
Collect tax debts first, then collect other agency debts in the order they were referred to the Department for collection. The Minnesota Department of Revenue’s wage levy for any type of debt takes precedence over a private garnishment after 70 days from service of the private garnishment to the employer. It does not take precedence…
The End-of-Confinement Review Committee An end-of-confinement review committee is responsible for determining an offender’s risk level, which in turn determines the level of community notification that will occur. The end-of-confinement review committee is a standing committee at each state correctional facility and at each state treatment facility where predatory offenders are confined. The committee is…
What is Theft by Swindle in Minnesota? Theft by Swindle is defined by Minnesota Statutes section 609.52, subdivision 2(4), as swindling, whether by artifice, trick, device, or any other means, whereby a person obtains property or services from another person. Have any Minnesota cases elaborated on the definition, elements, tests, or scope of Theft by…
Continuation Coverage Minnesota law requires group life insurance plans to permit employees who are voluntarily or involuntarily terminated from employment the option to elect to continue the coverage for the employee and his or her dependents. Termination does not include discharge for gross misconduct.218 The employee is eligible to continue coverage for 18 months after…
Continuation Coverage Minnesota law requires that insured group health plans and plans established by employers through HMOs governed by Minnesota law allow covered employees who are voluntarily or involuntarily terminated (other than for gross misconduct45) from employment to elect to continue coverage for the employee and the employee’s dependents.46 The employee is eligible to continue…
The Plan Administrator has the obligation to send a COBRA Election Notice to each qualified beneficiary who will lose plan coverage as a result of a qualifying event. The Election Notice contains information about a qualified beneficiary’s continuation coverage rights and obligations with respect to a qualifying event, and is typically accompanied by a COBRA…
This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…
This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…
An offender who is on probation or parole in another state and who enters the state under a reciprocal agreement under the interstate compact for the supervision of parolees and probationers may enter the state only on the condition that the offender agrees to register under the law while living in Minnesota. Additionally, the BCA…
Failure to Comply with the Registration Law In certain circumstances, the BCA may make information public about an offender who is out of compliance with the registration law. The offender must be out of compliance for 30 days or longer for failure to provide his or her primary or secondary addresses. If the offender is…
Who Must Register for Withholding Taxes You must register to file withholding tax if you: have employees and anticipate withhold- ing tax from their wages in the next 30 days; agree to withhold Minnesota taxes when you are not required to withhold; pay nonresidents to do work for you in Minnesota and the amount earned…
What is Sales and Use Tax? Go here for our full guides to Minnesota Sales Tax and Minnesota Use Tax. Do I have to register my business? You must register to collect sales tax if you make taxable retail sales in Minnesota. This includes sellers outside Minnesota who: have an office; distribution, sales, or sample…
Individuals Subject to Lifetime Registration Lifetime registration is required for three categories of individuals. Recidivists This category includes a person convicted of or adjudicated delinquent for any offense for which registration is required who has a prior conviction or adjudication for an offense where registration was or would have been required under the law. For…
The Registration Period A person must register with the person’s corrections agent as soon as the agent is assigned to him or her, which occurs upon release from incarceration, or if the person is not incarcerated, at the time he or she is placed on some form of release. If the offender does not have…
Minnesota Business Tax ID number You need a Minnesota tax ID number if you: make taxable sales or leases, perform taxable services in Minnesota, withhold Minnesota income taxes from employees’ wages, make estimated business tax payments, file a Minnesota corporation franchise, S corporation or partnership tax return, file fiduciary income tax returns as an estate,…
Minnesota Application for Business Registration | Tax Instructions The following posts are written for businesses which have already formed a business entity. For information on starting your own business, click here. How to Register online at www.taxes.state.mn.us by phone at 651-282-5225 or toll free 1-800-657-3605 TTY users: Call 711 for Minnesota Relay complete ABR form…
Notice to Homeowners: Be Sure Your Contractor is Licensed Know your Rights as a Homeowner The State of Minnesota recently adopted a statewide “Contractor and Remodeler License Law.” This law is designed to protect the consumer by requiring that contractors be licensed with the State. Contractors must apply to the State, post a bond, and…
The following questions and answers are provided to help people completing the Minnesota Charitable Organization Initial Registration & Annual Report Form. I have received questions from people completing the State of Minnesota: Charitable Organization Initial Registration & Annual Report Form. Here are my responses. Question: When do I need to file the Minnesota Charitable Organization…
The following is example text from a Non-Earning Disclosure. For a formatted version, download the Non-Earnings Disclosure PDF or Non-Earnings Disclosure DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] FIRST JUDICIAL DISTRICT ____________________________________________________________________________…
The following is example text from a Garnishment Exemption Notice. For a formatted version, download the JGM 401 Garnishment Exemption Notice PDF or JGM 401 Garnishment Exemption Notice DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT…
The following is example text from a Garnishment Exemption Notice. For a formatted version, download the Garnishment Exemption Notice PDF or Garnishment Exemption Notice DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] FIRST…