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Committee considers repeal of deed-recording requirement for CWD detections on farmed‑deer property

2754618 · March 24, 2025
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Summary

Representative Burkel introduced House File 16 76 to remove a requirement to record CWD detections on deeds for farmed‑deer property; supporters argued the requirement duplicates other disclosure obligations.

Representative Burkel presented House File 16 76 and offered an A1 amendment that narrows the change and provides an explicit expiration for previously recorded notices under section 35.155, subdivision 11.

Testimony in support came from the Minnesota Elk Breeders Association and the Minnesota Deer Farmers Association. Tony Quillis and Brenda Hartkopf argued the deed-recording requirement in Subdivision 7 duplicates disclosure obligations already required in Subdivision 6 — a buyer must receive written disclosure of depopulation and other requirements prior to sale — and that the deed note could unnecessarily depress property values or place a perpetual cloud on title. Tim Spreck, a licensed realtor and deer-farm representative, said standard purchase disclosures already include a question about whether CWD has been found on the property and that the deed record requirement is therefore redundant.

Committee members asked about past cases. Chair Hansen and others referenced the Elk Run example and asked how buyers could seek recourse if sellers failed to disclose; proponents replied that Subdivision 6 provides a required written disclosure prior to transfer and that civil remedies would be available. Hartkopf told the committee the Elk Run sale occurred in 2009 and noted timing may have affected how disclosure applied.

Representative Burkel moved and the committee adopted the A1 amendment and then laid House File 16 76, as amended, over.