§ 103I.711 — Impounding of Equipment
Plain-Language Summary
The Commissioner of Health can go to district court to get a warrant to seize and impound all drilling machines and hoists owned or used by a person who is doing well or boring work without a license. Once a sheriff receives the warrant, they must seize the equipment, and it stays in custody until a court orders its release or the commissioner directs the sheriff to return it. A person whose equipment is seized can go to court to challenge the seizure.
103I.711 IMPOUNDING OF EQUIPMENT.
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Subdivision 1.Impoundment.
The commissioner may apply to district court for a warrant authorizing seizure and impoundment of all drilling machines or hoists owned or used by a person. The court shall issue an impoundment order upon the commissioner’s showing that a person is constructing, repairing, or sealing wells or borings or installing pumps or pumping equipment or excavating holes for installing elevator borings without a license as required under this chapter. A sheriff on receipt of the warrant must seize and impound all drilling machines and hoists owned or used by the person. A person from whom equipment is seized under this subdivision may file an action in district court for the purpose of establishing that the equipment was wrongfully seized. §
Subd. 2.Release.
The equipment must remain in the custody of the sheriff until the equipment is released under the order of a court or until the commissioner orders the sheriff to release the equipment.
History:
1989 c 326 art 3 s 46; 1991 c 355 s 50; 1Sp2017 c 6 art 10 s 53
History: History: 1989 c 326 art 3 s 46; 1991 c 355 s 50; 1Sp2017 c 6 art 10 s 53