News | O'Keeffe O'Brien Lyson Attorneys - Part 14

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December 12, 2017

Minnesota Land Transfers

Revised Minnesota statute (272.162) gives counties the same power as municipalities and townships to review land divisions and transfers. This power is most often used to deny inaccurate land transfers or illegal subdivisions. This law will help the state better conform with land regulations and result in landowners receiving additional […]
December 4, 2017

Eminent Domain Law in North Dakota and Minnesota

Each year in North Dakota and Minnesota, there are a number of eminent domain cases that occur. Eminent domain refers to the body of law that authorizes the government to take the property belonging to individuals. Some of the most common reasons eminent domain is used to build highway projects, […]
November 30, 2017

Signs that a Spouse is Hiding Assets

When it comes to divorce, both Minnesota and North Dakota are equitable distribution states in which marital property is divided between spouses in a manner that a court of law decides is fair. In these types of divorces, it is not uncommon for former spouses to hide assets from one […]
November 22, 2017

What You Need to Know About Easement Laws

Sometimes, property owners lack the ability to reasonably access either a portion of their own land or public land without crossing onto another person’s property. Easements, however, grant property owners these rights by establishing that the individual has an interest in the use but does not own the land over […]
November 17, 2017

The Dangers of Fatigued Driving in North Dakota and Minnesota

The Center for Disease Control and Prevention (CDC) reports that at least a third of adults in the United States fail to get an adequate amount of sleep each night. Statistics have also been compiled by the CDC about each state. In North Dakota, the CDC reports that 32% of […]
November 14, 2017

Reasons Why Younger Individuals Should Create Estate Plans

Even though many people believe that estate planning should only be considered by older adults, there are some particular reasons why younger individuals should begin estate planning. Each year, a large number of young adults in North Dakota and Minnesota experience unforeseen events that would greatly benefit from the existence […]
November 10, 2017

Do Not Resuscitate Orders in North Dakota and Minnesota

In 1991, Congress passed into law the Patient Self-Determination Act, which requires hospitals to respect an individual’s health care decisions. North Dakota and Minnesota are just two of the 49 states that permit an individual’s loved ones to make decisions in the case of incapacity. As a result, it is […]
November 2, 2017

Knowingly Damaging a Public Safety Motor Vehicle in Minnesota

On August 1, 2017, several new laws became effective in the state of Minnesota. Some of these new laws relate to cases involving damage to public safety vehicles. It is important for individuals in Minnesota who have been charged with such an offense to understand some of the essential details […]
October 26, 2017

New Minnesota Law Makes Impersonating Military Members a Misdemeanor

The penalties for individuals who impersonate law enforcement officers are now much tougher in the state of Minnesota due to a new law. Groups responsible for gathering statistics have decided the current number of individuals who impersonate military members to be an epidemic. There are several reasons why individuals choose […]
October 19, 2017

Minnesota Passes New Standardizing Telemedicine Care

A law became effective on August 1, 2017, in Minnesota which requires telemedicine providers to meet the same level of care as physicians who see patients in person. This regulation, called S.F. 1353, was unanimously passed by legislators in the state and was then approved by Governor Mark Dayton on […]
October 13, 2017

Fines Increase in Minnesota for Failure to Stop for a School Bus

Fines Increase in Minnesota for Failure to Stop for a School Bus The Minnesota Department of Public Safety has announced that the state will increase fines from $300 to $500 for motor vehicle operators who violate state law by failing to stop for school buses. While the reason why this […]
October 11, 2017

Lost Estate Planning Documents

Not only is it critical for individuals to decide their plans for after death and to accurately reflect these decisions in an end of life document, it is also important to place these documents in a location where the documents will remain secure and easy to find. Unfortunately, when estate […]
September 27, 2017

North Dakota Passes Child Passenger Laws

Recently, numerous state laws were passed by in the 2017 session of the North Dakota legislature. One of the laws involves changes to North Dakota’s existing child passenger safety law. The new law extends the time during which a child is required to ride in a restraint seat by one […]
September 25, 2017

Concealed Carry Reporting Requirements Eased for Churches

Those who have followed the activities of North Dakota’s Legislature likely already know that the 2017 legislative session was very busy. The Legislature presented Governor Doug Burgum with over 400 bills to enact into law, and many of these bills went into effect on August 1, 2017. Gun owners in […]
September 21, 2017

North Dakota Creates Distracted Driver Law

Numerous state laws were recently passed by the North Dakota legislature during the 2017 session. One of the laws that has taken effect adds a $100 penalty if a motor vehicle driver violates a traffic law while doing something distracting. Distracted driving involves any activity that is not required to […]
September 19, 2017

Drug Offenders Get a Break Thanks to Legislative Efforts

The 2017 North Dakota legislative session was certainly busy, with the Republican-controlled Legislature sending hundreds of bills to the desk of Governor Doug Burgum. While some of these laws expanded on freedoms already included in constitutional provisions (such as laws making it easier for adults to carry a concealed firearm […]
September 15, 2017

North Dakota Governor Signs Hundreds of Bills into Law

The North Dakota Legislature recently presented hundreds of bills to Governor Doug Burgum. 439 bills were signed into the law by the governor, with a significant number of these bills going into effect on August 1st of this year. With such a great number of bills going into effect and […]
September 11, 2017

Dental Hygienists in Minnesota Get Break Under New Laws

Many groups and individuals benefited from the Minnesota Legislature’s activities during the 2017 legislative session. A number of laws were presented to the governor and signed into law, with several important laws going into effect on August 1 of this year. Dental hygienists and those without easy access to basic […]
September 5, 2017

What Are The Types of Trials?

If you do not accept a plea deal offered by prosecutors in your case, your criminal case will eventually proceed to trial. Most people picture a “trial” as being a large and formal proceeding before a judge in which impassioned and persuasive speeches are made by attorneys to 12 jurors […]
September 1, 2017

How to Plan Your Estate in North Dakota

It is important that individuals follow some cautionary advice when making their estate plans. The importance of this planning was recently highlighted in a case involving the musician Prince. After Prince died in 2016 without a will and much litigation occurred regarding how his estate should be divided, a judge […]
August 30, 2017

Will Substitutes

Wills are important estate planning devices because they dictate how property will be distributed after a person’s death. While wills are recommended and essential in a person’s estate planning process, there are many will substitutes that can serve similar purposes. Will substitutes offer several unique advantages which include that wills […]
August 22, 2017

Jurisdiction for Out-of-State Injuries

The United States Supreme Court recently found that BNSF Railway Co. could not be sued within the State of Montana by an injury plaintiff who had sustained injuries in another state, despite the fact that BNSF has a presence within Montana. Previously, general principles of legal jurisdiction held that a […]
August 16, 2017

Who Owns the Engagement Ring After a Failed Engagement

Each year, a number of young couples become engaged to be married. Unfortunately, not all of these engagements result in marriage, and some relationships dissolve prior to the wedding. In addition to the various painful and challenging obstacles that come as the result of ending a romantic relationship, couples are […]