HF 1262

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to property rights; establishing procedures 
  1.3             governing entry of private property by department of 
  1.4             natural resources employees; requiring notice; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 566. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [566.001] [PROCEDURES FOR ENTRY OF PROPERTY BY 
  1.9   DEPARTMENT OF NATURAL RESOURCES EMPLOYEES.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.11  subdivision apply to this section. 
  1.12     (b) "Department" means the department of natural resources. 
  1.13     (c) "Official business" means an inspection or 
  1.14  investigation that is within the scope of authority granted by 
  1.15  statute or rule. 
  1.16     (d) "Owner" means the record owner, the owner's agent, or a 
  1.17  lawful occupant of agricultural land. 
  1.18     (e) "Agricultural land" means land used for the production 
  1.19  of agricultural products, livestock or livestock products, milk 
  1.20  or milk products, or fruit or other horticultural products. 
  1.21     (f) "Peace officer" has the meaning given in section 626.84.
  1.22     Subd. 2.  [NOTICE AT TIME OF ENTRY.] (a) An employee of the 
  1.23  department who enters agricultural land on official business, 
  1.24  shall give the owner a written or oral notice that includes: 
  1.25     (1) the employee's name and a statement that the employee 
  1.26  represents the department of natural resources; 
  2.1      (2) the reason for the entry and the specific statutory or 
  2.2   other legal authority authorizing the entry; and 
  2.3      (3) the right, if any, of the owner to deny or restrict the 
  2.4   entry and the possible consequences of a denial or restriction. 
  2.5      (b) The notice under paragraph (a) must be given to the 
  2.6   owner at the time of the entry or as soon as practicable after 
  2.7   the entry.  Upon request, the employee shall provide proof of 
  2.8   identification.  The owner has the right to accompany the 
  2.9   employee, unless this is not practical or would jeopardize an 
  2.10  inspection or investigation.  In the case of agricultural land 
  2.11  that is not occupied by the owner at the time of the entry, a 
  2.12  written notice must be mailed to the owner as soon as 
  2.13  practicable after the entry.  Notice is not required if the 
  2.14  employee was not able to conduct an inspection or investigation 
  2.15  because the owner was not present or if the owner could not be 
  2.16  identified or located. 
  2.17     Subd. 3.  [EXCEPTIONS.] (a) Subdivision 2 does not apply to 
  2.18  the extent that an employee of the department reasonably 
  2.19  determines that notice would jeopardize an inspection or 
  2.20  investigation, if: 
  2.21     (1) the employee is entering a portion of agricultural land 
  2.22  in which the owner has no reasonable expectation of privacy; and 
  2.23     (2) the notice required under subdivision 2 is given as 
  2.24  soon as practicable after the employee leaves the property, 
  2.25  unless the employee determines that notice would jeopardize 
  2.26  future inspections or investigations. 
  2.27     (b) Subdivision 2 does not apply to: 
  2.28     (1) an entry by a state conservation officer who is a 
  2.29  licensed peace officer under sections 626.84 to 626.855; 
  2.30     (2) an employee of the department acting in an emergency 
  2.31  situation or in response to a request by an owner; 
  2.32     (3) an entry made only for the purpose of crossing open 
  2.33  land or a view of property made without physical entry onto the 
  2.34  land; or 
  2.35     (4) an entry for the purpose of collecting general 
  2.36  information not related to the possession or use of the property 
  3.1   that is entered, except that notice under subdivision 2 must be 
  3.2   given to the owner if the owner is present at the time of the 
  3.3   entry. 
  3.4      Subd. 4.  [RELATIONSHIP TO OTHER LAWS.] Subdivision 2 does 
  3.5   not prohibit other law from imposing other requirements on entry 
  3.6   of agricultural land by an employee of the department.  
  3.7   Subdivision 2 does not apply to the extent that other law 
  3.8   specifically controls the notice of entry in a manner 
  3.9   inconsistent with subdivision 2.  Nothing in this section 
  3.10  authorizes an entry or seizure not otherwise permissible under 
  3.11  law. 
  3.12     Subd. 5.  [EVIDENCE NOT EXCLUDED.] Observations made or 
  3.13  evidence obtained through an investigation or inspection 
  3.14  governed by this section may not be excluded as evidence in any 
  3.15  proceeding because of a violation of this section.