ATTENTION: New Bill Being Passed (H.F. No. 3389, A bill for an act relating to natural resources; requiring reporting of subsurface drain tile installation and modification; proposing coding for new law in Minnesota Statutes, chapter 103F.)

This bill is about making sure that people selling land, where a specific type of drainage system known as subsurface drain tile may be present, inform potential buyers about the status and location of this system.

If the seller doesn't know whether there's a drain tile system on the property, they need to tell potential buyers that they're not sure.

From August 1, 2024, officials who record property sales (county recorders and registrars) won't be able to process the sale unless it includes a certificate that discloses whether or not there's a drain tile system on the property. The buyer will have to pay a $50 fee for this disclosure, most of which goes to the Board of Water and Soil Resources (BWSR), who will keep a record of these certificates for at least six years.

If a seller doesn't meet these disclosure rules, the sale can still go through. But if the seller knew about the drain tile system and didn't disclose it, the buyer can take them to court within six years of the sale to get back any money they spent on maintaining or fixing the drain tile system.