Subdivision 1.Court order to record.

The county board, county recorder, county treasurer, county attorney or county auditor, or any person having an interest in a parcel of land lying within an area appearing on a plat which is on file in the office of the county recorder, but which is not officially recorded, or a plat which is missing from the records of the county recorder, may petition the district court of the county for an order providing for the recording of such plat.

Subd. 2.Elements of proof.

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Terms Used In Minnesota Statutes 505.178

  • court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Statute: A law passed by a legislature.

If the court finds from the evidence adduced:

(1) That such plat was filed with the county recorder more than 40 years prior to May 23, 1965;

(2) That in the case of a missing plat, the county recorder has made a diligent search for such missing plat but has been unable to find it; and

(3) That the plat proposed as a replacement of the missing plat is a true and correct reproduction of the missing plat; or

That the plat other than a missing plat has been on file in the office of the county recorder for more than 40 years prior to May 23, 1965, but was not officially recorded, the court shall make its findings and order accordingly and direct the court administrator to certify upon the said plat that it is entitled to record in the office of the county recorder pursuant to the provisions of this statute.