2025 Session Last amended: 2005 session

§ 301B.04 — Public Service Corporations; Mortgages and Deeds of Trust

Plain-Language Summary

This section allows public service corporations that own property in Minnesota to use that property as collateral by taking out mortgages or executing deeds of trust to borrow money for construction and corporate purposes. The company can issue bonds secured by these mortgages. Importantly, after-acquired property — meaning property the company purchases or acquires after the mortgage is signed — can also be covered by the mortgage.

Practical Notes
The after-acquired property clause in this section is commercially significant because it allows utility companies to use one master financing arrangement to secure debt even as they expand their systems. Creditors lending to public service corporations can rely on the statutory authority to create these broad mortgage structures. Landowners who later sell or convey property to a utility company should be aware that the property may automatically become subject to the company’s existing mortgage.