SF 4981

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 09:30 a.m.

A bill for an act
relating to civil law; creating a civil cause of action for trespass of intangible
particulate matter; proposing coding for new law in Minnesota Statutes, chapter
604.

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

Section 1.

new text begin [604.135] TRESPASS OF INTANGIBLE PARTICULATE MATTER.
new text end

new text begin (a) A person who causes the trespass of intangible particulate matter on the land of
another person is liable for damages if that trespass interferes with the person in possession
of the land's right to exclusive possession. For purposes of this section, "intangible particulate
matter" means an airborne biological or chemical substance, including but not limited to
pesticides and other pollutants.
new text end

new text begin (b) If the court finds that a trespass of intangible particulate matter has occurred, the
court may award general and special damages, or a civil penalty, to the plaintiff in an amount
of not more than $100 for each day there was an instance of intangible particulate matter
trespass. The court may also award injunctive relief or other relief the court finds just and
equitable.
new text end