|
M.S.B.A. Real Property Form No. 22 (2005, 2017)
<br />Methamphetamine Disclosure Statement PAGE 2 of 3
<br />[This statute was adopted in Minnesota Session Laws 2005, Chapter 136,
<br />Article 7, Sec. 9 effective January 1, 2006.]
<br />Minn. Stat. Section 152.0275. CERTAIN CONTROLLED
<br />SUBSTANCE OFFENSES; RESTITUTION; PROHIBITIONS ON
<br />PROPERTY USE; NOTICE PROVISIONS.
<br />Subdivision 1. RESTITUTION.
<br />(a) As used in this subdivision:
<br />(1) "clandestine lab site" means any structure or conveyance or outdoor
<br />location occupied or affected by conditions or chemicals typically
<br />associated with the manufacturing of methamphetamine;
<br />(2) "emergency response" includes, but is not limited to, removing and
<br />collecting evidence, securing the site, removal, remediation, and
<br />hazardous chemical assessment or inspection of the site where the
<br />relevant offense or offenses took place, regardless of whether these
<br />actions are performed by the public entities themselves or by private
<br />contractors paid by the public entities, or the property owner;
<br />(3) "remediation" means proper cleanup, treatment, or containment of
<br />hazardous substances or methamphetamine at or in a clandestine lab site,
<br />and may include demolition or disposal of structures or other property
<br />when an assessment so indicates; and
<br />(4) "removal" means the removal from the clandestine lab site of
<br />precursor or waste chemicals, chemical containers, or equipment
<br />associated with the manufacture, packaging, or storage of illegal drugs.
<br />(b) A court may require a person convicted of manufacturing or attempting
<br />to manufacture a controlled substance or of an illegal activity involving a
<br />precursor substance, where the response to the crime involved an
<br />emergency response, to pay restitution to all public entities that
<br />participated in the response. The restitution ordered may cover the
<br />reasonable costs of their participation in the response.
<br />(c) In addition to the restitution authorized in paragraph (b), a court may
<br />require a person convicted of manufacturing or attempting to manufacture
<br />a controlled substance or of illegal activity involving a precursor substance
<br />to pay restitution to a property owner who incurred removal or remediation
<br />costs because of the crime.
<br />Subdivision 2. PROPERTY-RELATED PROHIBITIONS; NOTICE;
<br />WEB SITE.
<br />(a) As used in this subdivision:
<br />(1) "clandestine lab site" has the meaning given in subdivision 1,
<br />paragraph (a);
<br />(2) "property" means publicly or privately owned real property including
<br />buildings and other structures, motor vehicles as defined in section
<br />609.487, subdivision 2a, public waters, and public rights-of-way;
<br />(3) "remediation" has the meaning given in subdivision 1, paragraph (a);
<br />and
<br />(4) "removal" has the meaning given in subdivision 1, paragraph (a).
<br />(b) A peace officer who arrests a person at a clandestine lab site shall
<br />notify the appropriate county or local health department, state duty officer,
<br />and child protection services of the arrest and the location of the site.
<br />(c) A county or local health department or sheriff shall order that any
<br />property or portion of a property that has been found to be a clandestine
<br />lab site and contaminated by substances, chemicals, or items of any kind
<br />used in the manufacture of methamphetamine or any part of the
<br />manufacturing process, or the by-products or degradates of manufacturing
<br />methamphetamine be prohibited from being occupied or used until it has
<br />been assessed and remediated as provided in the Department of Health's
<br />clandestine drug labs general cleanup guidelines. The remediation shall be
<br />accomplished by a contractor who will make the verification required
<br />under paragraph (e).
<br />(d) Unless clearly inapplicable, the procedures specified in chapter 145A
<br />and any related rules adopted under that chapter addressing the
<br />enforcement of public health laws, the removal and abatement of public
<br />health nuisances, and the remedies available to property owners or
<br />occupants apply to this subdivision.
<br />(e) Upon the proper removal and remediation of any property used as a
<br />clandestine lab site, the contractor shall verify to the property owner and
<br />the applicable authority that issued the order under paragraph (c) that the
<br />work was completed according to the Department of Health's clandestine
<br />drug labs general cleanup guidelines and best practices. The contractor
<br />shall provide the verification to the property owner and the applicable
<br />authority within five days from the completion of the remediation.
<br />Following this, the applicable authority shall vacate its order.
<br />(f) If a contractor issues a verification and the property was not remediated
<br />according to the Department of Health's clandestine drug labs general
<br />cleanup guidelines, the contractor is liable to the property owner for the
<br />additional costs relating to the proper remediation of the property
<br />according to the guidelines and for reasonable attorney fees for collection
<br />of costs by the property owner. An action under this paragraph must be
<br />commenced within six years from the date on which the verification was
<br />issued by the contractor.
<br />(g) If the applicable authority determines under paragraph (c) that a motor
<br />vehicle has been contaminated by substances, chemicals, or items of any
<br />kind used in the manufacture of methamphetamine or any part of the
<br />manufacturing process, or the by-products or degradates of manufacturing
<br />methamphetamine and if the authority is able to obtain the certificate of
<br />title for the motor vehicle, the authority shall notify the registrar of motor
<br />vehicles of this fact and in addition, forward the certificate of title to the
<br />registrar. The authority shall also notify the registrar when it vacates its
<br />order under paragraph (e).
<br />(h) The applicable authority issuing an order under paragraph (c) shall
<br />record with the county recorder or registrar of titles of the county where
<br />the clandestine lab is located an affidavit containing the name of the
<br />owner, a legal description of the property where the clandestine lab was
<br />located, and a map drawn from available information showing the
<br />boundary of the property and the location of the contaminated area on the
<br />property that is prohibited from being occupied or used that discloses to
<br />any potential transferee: (1) that the property, or portion of the property,
<br />was the site of a clandestine lab; (2) the location, condition, and
<br />circumstances of the clandestine lab, to the full extent known or reasonably
<br />ascertainable; and (3) that the use of the property or some portion of it may
<br />be restricted as provided by paragraph (c). If an inaccurate drawing or
<br />description is filed, the authority, on request of the owner or another
<br />interested person, shall file a supplemental affidavit with a corrected
<br />drawing or description. If the authority vacates its order under paragraph
<br />(e), the authority shall record an affidavit that contains the recording
<br />information of the above affidavit and states that the order is vacated.
<br />Upon filing the affidavit vacating the order, the affidavit and the affidavit
<br />filed under this paragraph, together with the information set forth in the
<br />affidavits, cease to constitute either actual or constructive notice.
<br />(i) If proper removal and remediation has occurred on the property, an
<br />interested party may record an affidavit indicating that this has occurred.
<br />Upon filing the affidavit described in this paragraph, the affidavit and the
<br />affidavit filed under paragraph (h), together with the information set forth
<br />in the affidavits, cease to constitute either actual or constructive notice.
<br />Failure to record an affidavit under this section does not affect or prevent
<br />any transfer of ownership of the property.
<br />(j) The county recorder or registrar of titles must record all affidavits
<br />presented under paragraph (h) or (i) in a manner that assures their
<br />disclosure in the ordinary course of a title search of the subject property.
<br />(k) The commissioner of health shall post on the Internet contact
<br />information for each local community health services administrator.
<br />(l) Each local community health services administrator shall maintain
<br />information related to property within the administrator's jurisdiction that
<br />is currently or was previously subject to an order issued under paragraph
<br />(c). The information maintained must include the name of the owner, the
<br />location of the property, the extent of the contamination, the status of the
<br />removal and remediation work on the property, and whether the order has
<br />been vacated. The administrator shall make this information available to
<br />the public either upon request or by other means.
<br />(m) Before signing an agreement to sell or transfer real property, the
<br />seller or transferor must disclose in writing to the buyer or transferee
<br />if, to the seller's or transferor's knowledge, methamphetamine
<br />production has occurred on the property. [Emphasis added.] If
|