Category: Real Estate Law
Water Well Regulation in Minnesota
February 6, 2014 | Joan M. QuadeThe majority of Minnesotans rely on groundwater as their primary source of drinking water, and more than one million Minnesotans have private wells. In Anoka County, 30{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of residents are served with water through a private well on their property. In order to ensure public safety and the protection of precious water resources for the large number of Minnesotans who rely on well water, the Minnesota Department of Health (“MDH”) is tasked with the regulation of the construction of new wells, private or public, as well as the inspection of all existing wells and the sealing of unused wells. Understanding the rules which govern water wells in Minnesota is important not only to ensure that your well is up to code and your water is clean and safe, but also to provide guidance when it is time to sell your home. Minnesota Rules chapter 4725, otherwise known as the Minnesota Well Code, and Minnesota Statutes Chapter 103I govern the requirements and restrictions regarding wells in Minnesota. Normally, the MDH monitors wells statewide, however, some cities and counties have assumed some of the responsibility for regulating well regulation themselves, such as the City of Bloomington, the City of Minneapolis, and several counties including Blue Earth, Dakota, Goodhue, LeSueur, Olmstead, Wabasha, Waseca, and Winona. Anoka…
Read MoreExpanded Heating Assistance Now Available in Minnesota
February 5, 2014 | Barna, Guzy & Steffen, Ltd.As many in our community are all too aware, the price of heating our homes is skyrocketing this winter. Our Real Estate Attorneys would like to share this important link with information regarding heating assistance to those in need. Governor Dayton Expands heating Assistance Program to Help More Minnesotans
Read MoreDevelopers and Builders Beware: Tips From an Association Attorney
January 20, 2014 | Timothy D. ErbIn 1994, the Minnesota Legislature adopted Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (often referred to as “MCIOA” or “Chapter 515B”). Chapter 515B governs most townhome and condominium developments created after adoption of the chapter. Chapter 515B requires certain developers and/or builders of a townhome or condominium project to provide to any buyer a disclosure statement when a unit is sold to the buyer. A disclosure statement basically requires disclosure of material matters regarding the development. The disclosure statement has been required since inception of Chapter 515B and is not generally noteworthy or a change to common practice. However, it is noteworthy that due to a recent legislation error, most builders and developers are unaware that they may also be required to provide a disclosure statement even when they are not selling a unit to a buyer. Minnesota Statute Sec. 515B.4-101, formerly stated that when certain developers or builders are not transferring title to real estate but are merely transferring rights called special declarant rights, the developer or builder does not need to provide a disclosure statement. Special declarant rights are rights that are used by developers and builders to ensure that the development can be completed without material interference from the association. However, due to a recent legislative error,…
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