HF 3045

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; establishing 
  1.3             construction, administration, and use requirements for 
  1.4             public trails; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 85. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [85.0183] [PUBLIC TRAIL REQUIREMENTS.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.9   "public trail" means a recreational trail that is: 
  1.10     (1) a state trail under section 85.015; 
  1.11     (2) funded in whole or in part by state grants-in-aid to a 
  1.12  county, statutory or home rule charter city, or town; or 
  1.13     (3) funded by a county, statutory or home rule charter 
  1.14  city, or town. 
  1.15     Subd. 2.  [DESIGN AND CONSTRUCTION; NOTICE.] (a) On or 
  1.16  after the effective date of this section, a public trail must be 
  1.17  designed and developed to maintain a minimum distance of 1,000 
  1.18  feet from all business, residential, or agricultural buildings 
  1.19  on adjacent property, unless a building owner waives this 
  1.20  requirement. 
  1.21     (b) At least 180 days before beginning the construction of 
  1.22  a public trail, the unit of government with jurisdiction over 
  1.23  the trail shall submit, by certified mail, the proposed trail 
  1.24  plan to all owners of land that is adjacent to the proposed 
  1.25  trail. 
  2.1      Subd. 3.  [PROPERTY DAMAGE COMPENSATION.] The unit of 
  2.2   government with jurisdiction over a public trail shall 
  2.3   compensate an adjacent landowner for any property damage caused 
  2.4   by users of the trail. 
  2.5      Subd. 4.  [PROPERTY OWNER; NO DUTY OF CARE.] A property 
  2.6   owner of land adjacent to a public trail has no duty of care to 
  2.7   any person using the trail, except that the adjacent property 
  2.8   owner is not relieved from liability for injury to another that 
  2.9   is a direct result of the property owner's gross negligence or 
  2.10  willful or wanton misconduct. 
  2.11     Subd. 5.  [GOVERNMENT DUTIES.] The unit of government with 
  2.12  jurisdiction over a public trail shall: 
  2.13     (1) provide for trail user education and signs along the 
  2.14  trail regarding trespassing laws and safety; 
  2.15     (2) provide for litter control and enforcement of laws 
  2.16  prohibiting littering along the trail, including, but not 
  2.17  limited to, educating trail users, posting signs about litter 
  2.18  laws, providing trash receptacles, and providing for cleanup of 
  2.19  trash and litter; 
  2.20     (3) prohibit hunting and trapping on or from the trail; 
  2.21     (4) provide for law enforcement along the trail; 
  2.22     (5) grant an easement, when requested by an adjacent 
  2.23  property owner, to permit the property owner to cross the trail 
  2.24  in a reasonable manner consistent with the use of the adjacent 
  2.25  property; and 
  2.26     (6) control noxious weeds along the trail.