In a municipality the governing body may choose to issue a conditional use permit for certain types of developments. Minn. Stat. § 462.3595. Getting such a permit allows for a use to be specifically allowed in a zoning district as long as certain standards are met. A conditional use permit leads to land development in…
Eminent Domain & The United States Constitution Under the United States Constitution and Minnesota’s Constitution, the government has the authority to take private property. This power is called eminent domain. What this means is that the government, at any time, has a right to anyone’s property if it is determined that the government is going…
Licenses Required for Minnesota Contractors There are a number of licenses required for different activities under Minnesota Law. The best way to determine what licenses are needed for any given project is to visit the Minnesota License website at http://mn.gov/elicense/. On that website, click on “A-Z Indexes” or “Browse by Topics.” If the information there…
Subdivision platting is the process of splitting one larger piece of land into several smaller pieces of land. Generally, this plat, or map, is drawn for the purpose of selling off the smaller pieces of land. These pieces of land are frequently built upon before being sold, often by the same home builder – which…
Government agencies restrict land use through zoning requirements and other ordinances. But private entities, such as real estate developers, have their own set of tools to control what happens on their land. Covenants, easements, and licenses are three forms of agreements between private parties that dictate how the land can be used. Each can take…
Surveying land and closely examining deeds prior to purchase avoids most issues regarding property lines. Yet various legal doctrines can stand in the way of even the most careful purchase, leaving the buyer with less than what they bargained for. Prescriptive easements, adverse possession, and easements implied by preexisting use can all establish property rights,…
Minnesota Rezoning Requests Zoning is a device of land use planning used by local governments throughout the United States. The concept involves designating permitted uses of land based on mapped zones which separate one area of land uses from another. The purpose of these zones is to divide different uses of land that might be…
Generally speaking, an easement is a real property interest that gives one party the right to go onto another party’s property. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. While easements can take many different forms, this section will explain two different types:…
Local ordinances establish standards for land development which regulate things such as where buildings, yards, parking lots, driveways, signs, and lighting may be placed on properties, minimum and maximum sizes, height, potential effects on adjacent properties, and aesthetics. When there are strict requirements, property owners may seek relief by following the variance process. Minn. Stat….
by Lucas Spaeth Mortgage Fraud in Minnesota Inattentive or Fraudulent Minnesota Mortgage Agents Mortgages are only offered to buyers who have sufficient assets and income to validate the risk of the loan. Agents licensed to originate mortgages are responsible for accurately reporting a potential buyer’s income and assets, to minimize the lenders’ risk. Mortgage agents…
Introduction Minnesota Statutes Section 541.023 (a/k/a the “40-year law”) has confounded attorneys since its enactment in 1943. Even among real estate practitioners, the 40-year law is somewhat of a nebulous concept. Most practitioners harbor the mistaken assumption that when one is examining title, he or she only needs to go back forty years and then…
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…
What is an Exclusive Use Clause? In the commercial leasing context, exclusive use clauses are a relatively common topic of conversation when landlords and tenants are negotiating a retail lease. Basically, exclusive use clauses are provisions within a lease that prohibit a landlord from leasing to another tenant for the same business purpose as the…
Commercial Leases: Rent Offsets In a typical commercial lease, a landlord has the responsibility to maintain and repair the common areas and the structural elements of the building (i.e., the parking lot, roof, lobby, common bathrooms, etc.). Unfortunately, some landlords don’t honor these obligations as scrupulously as others. For example, when the parking lot is…
Small Business Exemption From Rules Minn. Stat. 14.127 provides a procedure for small businesses or small cities to claim exemption from certain state rules. Under the statute, an agency must determine if the cost of complying with a proposed rule in the first year after the rule will take effect will exceed $25,000 for a…
Air Pollution Control Requirements Minnesota businesses must comply with MPCA rules to protect air quality. Some rules apply even though the business will not have air emissions requiring permits. Motor Vehicle Emission Controls Owners of businesses that operate motor vehicle fleets should be aware that it is contrary to state rules and federal regulations to…
State Disposal System Permits State disposal system permits are required for disposal of wastewater other than to surface waters, including large septic tank and drainfield systems and spray irrigation of wastewater. The need for an SDS permit may be satisfied by certain construction or operating practices; these must be evaluated on a case-by-case basis. Only…
Storage Tanks Tank owners are required to register their tanks with the MPCA. Owners of regulated underground storage tanks (USTs) and above ground storage tanks (ASTs) must report information such as tank age, size, and contents within 30 days after installation of a new tank, or within 30 days after any changes in tank ownership,…
Buying a home may be the biggest and most important financial transaction of your life. Most people need a qualified real estate professionals to help guide them through the complicated world of Minnesota’s real estate transaction process and help them steer clear of problems. Minnesota real estate transactions involve many professionals including real estate agents,…