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Nicollet County votes to stay in statewide tax‑forfeiture settlement and authorizes attestation
Summary
The Nicollet County Board unanimously voted July 23 to remain in a statewide class‑action settlement over Minnesota tax‑forfeiture laws and authorized the director of property and public services to sign an attestation confirming a good‑faith records review. County staff estimated potential recoverable surplus and outlined reporting and sale‑share rules tied to the settlement.
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The Nicollet County Board of Commissioners voted unanimously July 23 to remain a participating county in a consolidated class‑action settlement concerning Minnesota tax‑forfeiture procedures and to authorize the director of property and public services to sign an attestation certifying a good‑faith review of county forfeiture records.
County Attorney (speaker 7) summarized litigation that followed the U.S. Supreme Court and subsequent consolidated actions, noting a negotiated settlement and related legislative action that secured $109,000,000 in state funds to pay county claims arising from the litigation. Staff told the board the settlement includes a look‑back period running from June 23, 2016, through Dec. 31, 2023, and an opt‑out deadline of Aug. 1, 2024.
Ms. Colpitt (speaker 8), who presented county data, said Nicollet County’s potential surplus under the settlement could be about $311,000. She told the board the county has roughly 12 properties that have sold and could have claims and about five to six properties still in county inventory that could be subject to claims. She explained that for sales reported to the state between the settlement window and June 30, 2027, the state would receive 75% of proceeds and the county would retain 25%.
"With that being said, I would agree that it would be advantageous for the county to be involved in this settlement process and opt in," Ms. Colpitt said, recommending the county remain a participating member.
A commissioner moved to opt in; the motion was seconded and the board approved it by unanimous voice vote. Separately, the board unanimously authorized the director of property and public services to sign the required attestation that staff had completed a good‑faith records review and provided accurate and complete data to the settlement process.
Board members were told that if the county took no action it would remain in the settlement, but staff asked for an affirmative decision. County staff also said participation would avoid the county having to defend individual claims in separate litigation and that opting out would make Nicollet County solely responsible for any uncovered settlements.
Next steps identified by staff included finalizing and submitting the attestation and providing requested sales and inventory data to the state and settlement administrators. The board’s choices and the attestation direction were recorded in motions passed at the meeting.
