979 Ohio St. West St Paul

1. 979 Ohio St. West St Paul • I possess fee title to a modest single family dwelling on a lot in West St. Paul, Dakota County, MN, United States

2. 979 Ohio St. West St Paul • I possess fee title to a modest single family dwelling on a lot in West St. Paul, Dakota County, MN, United States • What does that mean?

3. 979 Ohio St. West St Paul • I possess fee title to a modest single family dwelling on a lot in West St. Paul, Dakota County, MN, United States • What does that mean? • I possess legal rights to use a particular space – described by its boundaries and location

4. 979 Ohio St. West St Paul • I possess fee title to a modest single family dwelling on a lot in West St. Paul, Dakota County, MN, United States • What does that mean? • I possess legal rights to use a particular space – described by its boundaries and location • What those rights are, the nature of my possession, depends, in the first instance, on state law

5. 979 Ohio St. West St Paul • I possess fee title to a modest single family dwelling on a lot in West St. Paul, Dakota County, MN, United States • What does that mean? • I possess legal rights to use a particular space – described by its boundaries and location • What those rights are, the nature of my possession, depends, in the first instance, on state law • The spatial extent of those rights also defined by state law

6. Deconstruct Public Policy Legislature Legislative Mandate State Agency Legislation Court Regulation LAW – PUBLIC POLICY

7. How I exercise those rights are limited by the rights possessed by others

8. How I exercise those rights are limited by the rights possessed by others • Other landowners • Jurisdictions - Minnesota, Dakota County, West St. Paul • Businesses that provide services – mortgage company, electric and gas utilities, telephone, water • Other legal rights that I possess • Also defined by state law

9. Property Rights Rights = power to do something

10. Property Rights Rights = power to do something Often associated with particular phenomenon – land, clothes, automobiles, ideas, authored works, smells, sounds

11. Property Rights Rights = power to do something Often associated with particular phenomenon – land, clothes, automobiles, ideas, authored works, smells, sounds • permissible behavior defined, enforced and protected by law

12. Property Rights Rights = power to do something Often associated with particular phenomenon – land, clothes, automobiles, ideas, authored works, smells, sounds • permissible behavior defined, enforced and protected by law • impermissible behavior penalized by law

13. Each of Us Possesses a “Shopping Bag of Rights”

14. Each of Us Possesses a “Shopping Bag of Rights” • Defined by law • Described in a constitution and embodied in statutes, regulations, or case law

15. Each of Us Possesses a “Shopping Bag of Rights” • Universal rights • Federal – free speech, civil rights, due process • State – right to hunt and fish

16. Each of Us Possesses a “Shopping Bag of Rights” • Universal rights • Federal – free speech, civil rights, due process • State – right to hunt and fish • Restricted rights • Federal – social security, Medicare, Medicaid, income assistance • State – driving, marriage, energy cutoff • Local – real estate ownership

17. Property Rights • The rights to use, control, and dispose of tangible and intangible goods usually possessing value in the marketplace

18. Property Rights The rights to use, control, and dispose of tangible and intangible goods usually possessing value in the marketplace • Real property – land – anything of a permanent nature on its surface, structures, and trees • under it – minerals • over it – air

19. Property Rights • The rights to use, control, and dispose of tangible and intangible goods usually possessing value in the marketplace • Real property – land – anything of a permanent nature on its surface, structures, and trees • under it – minerals • over it – air • Private property  • tangible objects such as pens, money, car, cans of water and pop, clothes • intangible objects – ideas, music, smell, sound

20. Property Rights • The right to use can be virtually unlimited • The rights can be owned by legal entities – individuals, corporations, even governments • The rights can be transferred (conveyed) between and among those entities

21. Real Property Rights • A bundle of rights • The right to possess the rights • The right to control use of the real property • The right to benefit from the real property • The right to exclude others from the real property • The right to convey all or part of the real property rights • Defined by state statutes

22. A “Simple” View of Real Property Rights

24. The behavior of landowners – those entities that possess real property rights – how they choose to exercise those real property rights – may have nothing to do with real property

25. Characteristics of Landownership in the United States • The amount that is privately owned • From Metes and Bounds to Grids or a CliffsNotes. History of Land Ownership in the United States (Fair & Equitable, 2009) • Private Property in America: Land Use and the Ethics of Owning Land (Elizabeth Grant MA thesis University of North Texas 2005) • The Land Report • What is African-American Land Ownership? (Federation of Southern Cooperatives Land Assistance Fund, 2004) • Foreign ownership of U.S. property (New York Times May 29, 2004) • Foreign ownership of US real property (Charles Perkins CPA) • Alien Land Ownership Guide (National Association of Realtors 2006) • Indian Land Tenure Foundation

26. Characteristics of Landownership in the United States • The amount that is publicly owned • Public Lands Information Center • Public Land Ownership by State (Natural Resource Council of Maine) • Bureau of Land Management • Federal Land Ownership: Constitutional Authority and the History of Acquisition, Disposal, and Retention (CRS Report for Congress 2007) • Public Land and Mineral Ownership in Minnesota: A Guide for Teachers (Minnesota DNR 2000) • Public Lands: Federal and State Powers Over (Onecle)

27. Characteristics of Landownership in the United States • The certainty of whoowns what • Minnesota Statutes c.507 • Property Information - City of Minneapolis • Hennepin County, Minnesota Public Records Directory

28. Characteristics of Landownership in the United States • A. The public record of • who possesses real property rights • what is owned – legal rights in what space • A record from which the ownership history of a parcel of land can be compiled – an abstract – usually found in the county courthouse

29. Characteristics of Landownership in the United States • A. The public record of • who possesses real property rights • what is owned – legal rights in what space • A record from which the ownership history of a parcel of land can be compiled – an abstract – usually found in the county courthouse • B. The public record of legislation, regulation, and judicial opinion regarding ownership and use – describing the role of governments in defining the nature of land ownership and land use – not in the county courthouse

30. Original Title held by the United States • Derivative Title – all titles subsequently acquired by individuals, corporations, and governments

31. Original Title • Records concerning the real property that was first owned • General Land Office records now housed in the Minnesota History Center

32. Original Title • Records concerning the real property that was first owned • General Land Office records now housed in the Minnesota History Center • Public Land Survey Records in the Minnesota History Center and online, copies in counties • Field Notes Detailed records made by the deputy surveyors as they subdivided the land surface and created the first parcel boundaries • Township Plats Maps, made from the field notes, showing the boundaries and areas of the first subdivisions and other features deemed important for the prospective landowner

33. Original Title • Tract Books Books organized according to the public land survey subdivisions showing the names of those applying to acquire land, the date of application, the statute controlling the application and other information – Minnesota History Center

34. Original Title • Tract Books Books organized according to the public land survey subdivisions showing the names of those applying to acquire land, the date of application, the statute controlling the application and other information – Minnesota History Center • Receiver’s Plats Copies of the survey plats that were sent to the land district office to be viewed by prospective landowners. Usually contain notations by the land officers showing  the patent or certificate numbers of the applications to acquire title to land– the location of these is not known

35. Original Title • Tract Books Books organized according to the public land survey subdivisions showing the names of those applying to acquire land, the date of application, the statute controlling the application and other information – Minnesota History Center • Receiver’s Plats Copies of the survey plats that were sent to the land district office to be viewed by prospective landowners. Usually contain notations by the land officers showing  the patent or certificate numbers of the applications to acquire title to land– the location of these is not known • Patents Deeds conveying title to individuals showing the patentee's name, date of patent, law under which land was patented, and a legal description - Minnesota History Center and online

36. Derivative title • Records concerning the real property of all subsequent landowners • Public Record – County Recorder and Registrar of Titles • Numerous legal rights in a particular parcel of land/real property • Possessed by various legal entities - owners or holders of those rights • Some are always possessed by the state and, by delegation, local units of governments • Created through judicial actions and by statute • Created by various legal documents

37. Derivative Title • They define the legal rights/powers of both the landowner and others with an “interest” in the property – the mortgage company, the telephone company – and the rights/powers of other entities – state, county, municipality • Many, but not all, are recorded in the county courthouse • The majority of the public records are generated when the parcel is conveyed or refinanced

38. Land Records • Records that describe • the boundaries & location of land parcels – legal description • how acquired – purchase, donation, tax foreclosure, inherited • the legal rights that attach to particular parcels – fee owners, lien holders e.g. mortgage companies, encumbrances e.g. easements • how the possessor of those rights may exercise them • restrictions of use - zoning, deed restrictions (covenants) • restrictions of conveyance - liens (mortgage) • obligations of ownership - real property taxes, assessments • Uniform Conveyancing Blanks

39. Anachronisms? • Deeds of pews • Estrays • Farm Names

41. Restrictions on Land Use • May be imposed by a government unit or by a previous owner

42. Restrictions on Land Use • May be imposed by a government unit or by a previous owner • Imposed by local government through its police power – not in courthouse • Zoning • Subdivision control

43. Restrictions on Land Use • May be imposed by a government unit or by a previous owner • Imposed by local government through its police power – not in courthouse • Zoning • Subdivision control • Imposed by legal instruments in the public record – e.g. covenants in the deed stating that the owners will not permit “noxious uses” on the property, or any of a lengthy list of particular offenses such as stables, factories • in some cases the right imposed by an owner may be transferred to another entity – the conservation easement

44. Together, these public documents comprise a chain of title and a chain of encumbrances for a particular parcel • Many, but not all, will be listed in an abstract of title a landowner may possess or • Each underlies a certificate of title a landowner may possess • These legal instruments prove ownership

45. The Public Record • A. Those records must be filed in the county courthouse • County surveyor – plats and registered land surveys • County recorder • County registrar of titles

46. The Public Record • A. Those records must be filed in the county courthouse • County surveyor – plats and registered land surveys • County recorder • County registrar of titles • Those records are not recorded so may not be filed in the county courthouse • Planning/Environmental department - Zoning regulations – Dakota County, Sunfish Lake • State-wide zoning regulations – wetlands,shorelands, floodplains • American-Indian treaties • Taxes – real property, federal income tax (liens against property)

47. County Recorder • primary duty to accept and record all deeds, mortgages, liens, and related papers in connection with the real estate in a county – public notice – constructive notice • also records financing statements which are public notices of liens on personal property, such as household goods, farm machinery, and crops, bankruptcy • record of vital statistics (birth, death, marriage), military discharge papers •  estray notices, church records, articles of incorporation, federal and state tax liens, and plats

48. County Recorder • responsible for the proper filing of all documents made a matter of public record and for the accuracy and safety of the official records and files left in their care and keeping • the official records in the County Recorder's Office contain full, true, and exact copies of original documents  • should the original become lost or destroyed, these official records may be the only evidence of the entire document in question

49. Carver County