Minnesota Administrative Code

2800.4500 [Renumbered 2805.1900] Published Electronically: August 17, 2004

2800.4600 [Renumbered 2805.2000] Published Electronically: August 17, 2004

2810.0200 COMPUTATION OF TIME. Computation of time: A. Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, rule, or order, such t…

2810.1100 DEFINITIONS. Subpart 1. Scope. For the purposes of advertising, the terms defined in this part shall have the following meanings. Subp. 2. Fully improved lots. Lots may be described as "fully improved" only if the subdivision has paved roads, including concrete or aspha…

2810.1200 STANDARDS FOR ADVERTISING. Subpart 1. Prior filing. All advertising as defined in Minnesota Statutes 1973, section 83.20, subdivision 1 shall be filed with the commissioner prior to its use. All advertising shall satisfy the requirements specified in this part and such …

2810.1300 SUBDIVISION ADVERTISING CRITERIA. The use of any advertisement, including but not limited to print, radio broadcast, or telecast concerning subdivided lands that contains any of the following, shall be presumed to be fraudulent, deceptive, or misleading as provided in M…

2810.1400 COMMISSIONER'S AUTHORITY. Nothing contained herein shall limit the authority of the commissioner to take formal action against an owner, subdivider, or agent of the owner or subdivider for the use of fraudulent, deceptive, or misleading advertising of a type not specifi…

2810.2100 PREPARING APPLICATIONS FOR REGISTRATION BY QUALIFICATION. The guidelines set forth hereafter are intended to indicate the form and informational content of an application for registration required by the commissioner of commerce. These guidelines shall be applicable to …

2810.2150 FORM OF APPLICATION FOR REGISTERING SUBDIVIDED LAND BY QUALIFICATION. An application for registration of subdivided land by qualification shall be typewritten and submitted on 8-1/2 inch by 14 inch white bonded paper. The application shall state verbatim the questions i…

2810.2170 CHANGES SUBSEQUENT TO REGISTRATION. Subpart 1. Amendment procedure. An application to amend the registration shall be made by submitting a revised application for registration or a revised public offering statement with all alterations of the text previously filed under…

2810.2200 OPERATING AND MAINTENANCE FUNDS DURING START-UP. When the offering involves a development and/or maintenance of common areas by the subdivider, an owners association, or other entity, the subdivider shall be required to comply with one or more of the following to assure…

2810.2300 UNCOMPLETED PROPOSED IMPROVEMENTS. When certain improvements are designated in the application for the registration or the application for the exemption but are not totally completed by the effective date, the subdivider shall comply with one or more of the following to…

2810.2400 SERVICE OF PROCESS. When a surety bond is required and is filed in another jurisdiction in satisfaction of requirements similar to parts 2810.2200 to 2810.2500, and such bond is acceptable to the commissioner, the surety company shall appoint the commissioner as agent f…

2810.2500 DISCLOSURES WHEN PURCHASER MUST SUPPLY OWN WATER. For a subdivision proposing the purchaser supply his or her own water, the public offering statement shall disclose the following: A. the average, maximum, and minimum depths to ground water within the subdivision; B. th…

2810.2600 MANDATORY LICENSE, PERMIT, OR WRITTEN APPROVAL. Subpart 1. Some approvals required. The following is a list of licenses, permits, or other written approvals required by the state of Minnesota and local governing bodies. The list is intended as a guide for the procuremen…

2810.2610 GUIDELINES FOR PUBLIC OFFERING STATEMENT. Subpart 1. Form and content. The guidelines set forth hereafter are intended to indicate the form and informational content of an offering statement acceptable to the commissioner of commerce. The primary purpose of the public o…

2810.2650 PUBLIC OFFERING STATEMENT. A proposed public offering statement submitted to the commissioner shall be in the form and shall include information required in part 2810.9930. Statutory Authority: MS s 83.38 Published Electronically: September 14, 2007

2810.2700 APPLICATION FOR REGISTRATION BY NOTIFICATION. An application for registration by notification shall be typewritten and submitted on 8-1/2 inch by 14 inch white bonded paper. This statement shall state verbatim the questions, with the appropriate answers underneath each …

2810.2800 ANNUAL REPORT. An annual report shall be typewritten and submitted on 8-1/2 inch by 14 inch white bonded paper. Such report shall be prepared in the exact form as in part 2810.9950. Statutory Authority: MS s 83.38 Published Electronically: September 14, 2007

2810.3100 FRAUDULENT, DECEPTIVE, MISLEADING, OR UNFAIR AND INEQUITABLE ACTS. Subpart 1. Presumption; penalty. The methods, acts, and practices contained herein or similar thereto shall be presumed fraudulent, deceptive, misleading, or unfair and inequitable if engaged in by the s…

2810.3200 BLANKET ENCUMBRANCES. The subdivider shall not sell lots, units, parcels, or interests within a subdivision subject to a blanket encumbrance unless one or more of the following conditions are met: A. All sums paid or advanced by purchasers are placed in an escrow or oth…

2810.3300 SOIL PREPARATION. In a subdivision proposed to be sold with structural improvements where the soil condition is such as to require preparation in some manner so that structural damage is not likely to result, the commissioner will not approve an application until the su…

2810.3400 OWNERS' ASSOCIATION. In subdivisions that involve a planned development or similar arrangement, the covenants, conditions, restrictions, articles of incorporation, bylaws, and other instruments for the management, regulation, and control of these types of subdivisions s…

2810.3500 UNREASONABLE PROVISIONS. Unless unusual and compelling considerations are presented, the commissioner will ordinarily be guided by the following general policies, and will not consider as reasonable: A. provisions which deny, limit, or abridge, directly or indirectly, t…

2810.3600 CONVEYANCE OF PROPERTY. In undivided interests, subdivisions that do not involve a right of exclusive occupancy or use of a lot, parcel, or unit, provision shall ordinarily be made in the public offering statement whereby owners and their successors in interest, absolut…

2810.3700 RECORDABLE INSTRUMENTS. An instrument evidencing sale or disposition of an interest in a subdivision shall be executed in a recordable form in accordance with the laws of the state where the land is located. The subdivider or applicant has the burden of showing complian…

2810.3800 APPORTIONMENT OF TAXES. Subpart 1. Subdivider's duties. A. In a transaction for the sale of land under the act in which taxes are to be paid by either party, a subdivider shall: (1) certify that there are no taxes, other than current taxes, owing on the property involve…

2810.9910 FORMAT FOR REGISTRATION OF SUBDIVIDED LANDS BY QUALIFICATION. File No. _ Date Approved _ Date Denied _ Examiner _ Commissioner _ REGISTRATION OF SUBDIVIDED LANDS BY QUALIFICATION This form is to be prepared and filed pursuant to Minnesota Statutes 1973, section 83.26 an…

2810.9920 FORMAT OF CONSENT TO SERVICE OF PROCESS. KNOW ALL BY THESE PRESENTS: That the undersigned, _____________________ (a corporation organized under the laws of the State of _____________) for the purpose of complying with the laws of the State of Minnesota relating to eithe…

2810.9930 FORMAT OF PUBLIC OFFERING STATEMENT. 1. Name(s) of subdivider _ Address _ 2. Name of subdivision _ Location ___________ County, State of ______________ a. Effective date of Public Offering Statement _ b. This offering consists of _ 3. List names and populations of surro…

2810.9940 FORMAT FOR REGISTRATION OF SUBDIVIDED LANDS BY NOTIFICATION. File No. _ Date Approved _ Date Denied _ Examiner _ Commissioner _ REGISTRATION OF SUBDIVIDED LANDS BY NOTIFICATION Minnesota Statutes, section 83.23 This form is to be prepared and filed pursuant to Minnesota…

2810.9950 FORMAT OF ANNUAL REPORT. STATE OF MINNESOTA DEPARTMENT OF COMMERCE, REGISTRATION AND LICENSING DIVISION 5th Floor Metro Square Building ANNUAL REPORT -- SUBDIVIDED LAND THIS REPORT MUST BE FILED NOT LATER THAN 120 DAYS AFTER THE FISCAL YEAR END OF THE SUBDIVIDER. 1. Nam…

2810.9960 FORMAT OF REQUEST FOR EXEMPTION FROM REGISTRATION. STATE OF MINNESOTA DEPARTMENT OF COMMERCE, REGISTRATION AND LICENSING DIVISION 5th Floor Metro Square Building REQUEST FOR EXEMPTION FROM REGISTRATION SUBMIT NO LATER THAN TEN DAYS PRIOR TO THE FIRST OFFER, A COVER LETT…

2820.0010 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0201 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0301 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0401 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0501 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0601 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0701 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0801 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.0901 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.1001 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.1101 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.1201 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002

2820.1301 [Removed, L 2002 c 387 s 17] Published Electronically: October 1, 2002