SF 395

as introduced - 89th Legislature (2015 - 2016) Posted on 01/30/2015 08:44am

A bill for an act
relating to civil actions; specifying the duty owed by owners of real property to
trespassers; proposing coding for new law in Minnesota Statutes, chapter 604A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604A.28] DUTY OF OWNER OF REAL PROPERTY TO
TRESPASSER.
new text end

new text begin (a) An owner of real property owes no duty of care to a trespasser except in those
circumstances where a common law or statutory right of action existed as of the effective
date of this section.
new text end

new text begin (b) This section does not affect any immunities from or defenses to civil liability
established by other law or available at common law to which an owner of real property
may be entitled.
new text end

new text begin (c) For the purposes of this section, "owner" means the possessor of a fee interest
or a life estate, tenant, lessee, occupant, holder of a utility easement, or a person in
control of the land.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, and applies to actions
arising from incidents occurring on or after that date.
new text end