Cass attorneys concerned about deed transfers

WALKER -- A group of area attorneys approached the Cass County Board Tuesday to contest the county's policy of requiring some zoning issues to be resolved before a property transfer deed can be recorded.

Jim Gammello, Steve Baker, Brad Swanson and Victor Smith appeared before the board.

They contend that because Minnesota statutes permit anyone to file a lien or judgment against the seller on a property being transferred, that leaves a buyer liable to assume the seller's judgment when deed recording is delayed.

It can also mean, in a case where recording is attempted in December, but delayed into January, that the seller becomes unfairly obligated for property taxes due in the succeeding year.

The county contends, however, that a property being transferred should comply with zoning conformance standards, such as in the case where a property is split that new lots created meet minimum lot size and sewer system space capabilities and that fees required for splitting properties should be paid.

These standards apply whether one lot or a whole plat is involved, Assistant County Attorney Chris Strandlie contends.

Recording documents should be routine, Gammello said. Things shouldn't get kicked out for unexpected additional requirements, he added.

The board appointed a committee to review the issue and report back to the board.

Included on the committee in addition to Cass County Administrator Robert Yochum will be Roger Sundberg, who described himself to the board as an average citizen who has relatives with strong opinions on both sides of the issue, an attorney from the community, a Realtor and representatives from the county auditor, recorder, county attorney and environmental services offices.