Subdivision 1. Lien for sealing costs. The commissioner and the Board of Water and Soil Resources have a governmental services lien under section 514.67 for the costs of sealing a well or boring that the commissioner or board has contracted to be sealed under section 103I.315, subdivision 2; or 103I.335. The lien attaches to the real property where the well or boring is located. The lien is perfected by recording the lien with the county recorder or registrar of titles where the well or boring and the property are located and serving or mailing by return receipt a copy of the lien to the property owner.
Subd. 2. Enforcement of lien. The commissioner or the Board of Water and Soil Resources may enforce the lien in the manner provided for a judgment lien under chapter 550 or certify the amount to the county auditor, which must be assessed against the property and collected in the same manner as real estate taxes.
Subd. 3. Assessment of installments. (a) In lieu of certifying the entire amount to be collected, the commissioner or the Board of Water and Soil Resources may have the amount due assessed in seven or less equal annual installments plus interest due at the rate determined by the state court administrator for judgments under section 549.09.
(b) The interest due is an additional perfected lien on the property without further action by the commissioner or the Board of Water and Soil Resources.
(c) The interest and the installment due must be entered on the tax lists for the year and collected in the same manner as real estate taxes for that year by collecting one-half of the total of the installment and interest with and as part of the real estate taxes.
Subd. 4. Satisfaction of lien. The amount due and interest of a lien under this section may be paid at any time. When the amount of the lien including accrued interest is paid, the commissioner or board must execute a satisfaction of the lien and record the satisfaction with the county recorder or registrar of titles where the lien was recorded.
Subd. 5. Appropriation of recovered costs. Costs of sealing wells recovered from property owners by the Board of Water and Soil Resources must be deposited in the state treasury and credited to the account from which the amounts were originally appropriated. The amounts are continuously appropriated to the board for sealing wells.
1989 c 326 art 3 s 23; 1992 c 544 s 10,11; 1997 c 7 art 1 s 24; 2005 c 4 s 27,28
Structure Minnesota Statutes
Chapter 103I — Wells, Borings, And Underground Uses
Section 103I.001 — Legislative Intent.
Section 103I.005 — Definitions.
Section 103I.101 — Powers And Duties Of Commissioner Of Health.
Section 103I.103 — Waste Prevention May Be Required.
Section 103I.105 — Advisory Council On Wells And Borings.
Section 103I.111 — Local Authority Over Wells And Borings.
Section 103I.113 — Applicability To Mining Activities.
Section 103I.115 — Compliance With This Chapter Required.
Section 103I.205 — Well Construction.
Section 103I.208 — Notification Filing Fees And Permit Fees.
Section 103I.221 — Plastic Casings.
Section 103I.231 — Commissioner May Order Repairs.
Section 103I.235 — Real Property Sale; Disclosure Of Location Of Wells.
Section 103I.236 — Well Disclosure In Washington County.
Section 103I.241 — Action For Well Contamination.
Section 103I.301 — Well Sealing Requirements.
Section 103I.311 — Identification And Sealing Of Wells On State Property.
Section 103I.315 — Orders To Seal Wells And Borings.
Section 103I.325 — Landowner Sealed Well And Boring Liability.
Section 103I.335 — Funding For Persons To Seal Wells.
Section 103I.341 — Collection And Enforcement Of Well Sealing Costs.
Section 103I.345 — Well And Boring Sealing Account.
Section 103I.401 — Elevator Borings.
Section 103I.501 — Licensing And Regulation Of Wells And Borings.
Section 103I.505 — Reciprocity Of Licenses And Registrations.
Section 103I.515 — Licenses Not Transferable.
Section 103I.525 — Well Contractor's License; Representative's Certification.
Section 103I.531 — Limited Well/boring Contractor's License; Representative's Certification.
Section 103I.535 — Elevator Boring Contractor's License; Representative's Certification.
Section 103I.541 — Environmental Well Contractor's Registration; Representative's Certification.
Section 103I.545 — Registration Of Drilling Machines And Hoists Required.
Section 103I.550 — Limited Pump, Pitless, Or Dug Well/drive Point Contractor.
Section 103I.601 — Exploratory Boring Procedures.
Section 103I.605 — Submission Of Data From Exploratory Borings.
Section 103I.621 — Permits For Groundwater Thermal Exchange Devices.
Section 103I.641 — Bored Geothermal Heat Exchangers.
Section 103I.661 — Mined Underground Space Development.
Section 103I.681 — Permit For Underground Storage Of Gas Or Liquid.
Section 103I.685 — Abandonment Of Underground Storage Project.
Section 103I.691 — Certificate Of Use.