Published in: Minnesota Lawyer Magazine
Minnesota law requires that property tax filers with income-producing property provide the assessor with actual and projected income and expense information and lease data. The statutes also generally ensure that this sensitive information is to be used only for valid assessment purposes and should not be disseminated publicly.
However, in the fall of 2003, it became clear that there was a gap in the statutory protection scheme that exposed income and expense data to public release if it was more than three years old. A group of concerned property owners and public officials worked together to advocate that this loophole be closed. The result: an amendment to the law that protects income and expense information without a time limitation. In addition, any party requesting legal discovery of income property data of another must notify the affected party of the request. This will help ensure that property owners can appear to object to discover of their protected information. Minnesota Session Laws 2004, Ch. 290, §§12 and 13, amending Minn. Stat. §13.51.