HF 2204

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; creating a nuisance action 
  1.3             by individuals and neighborhood organizations; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 617. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [617.88] [DEFINITION.] 
  1.8      (a) The terms used in section 617.89 have the meanings 
  1.9   given in this section. 
  1.10     (b) "Nuisance" means: 
  1.11     (1) an act of prostitution that would violate sections 
  1.12  609.321 to 609.324; 
  1.13     (2) unlawful sale or possession of controlled substances; 
  1.14  or 
  1.15     (3) unlawful use or possession of a firearm in violation of 
  1.16  section 609.66, subdivision 1a; 609.67; or 624.713. 
  1.17     (c) "Neighborhood organization" means a nonprofit 
  1.18  corporation incorporated under chapter 317A that satisfies 
  1.19  clauses (1) and (2). 
  1.20     The corporation shall: 
  1.21     (1) designate in its articles of incorporation or bylaws a 
  1.22  specific geographic community to which its activities are 
  1.23  limited; and 
  1.24     (2) be formed for the purposes of promoting community 
  1.25  safety, crime prevention, and housing quality in a 
  2.1   nondiscriminatory manner. 
  2.2      Sec. 2.  [617.89] [NUISANCE ACTION.] 
  2.3      Subdivision 1.  [ACTION ESTABLISHED.] A nuisance action may 
  2.4   be brought under this section for a nuisance as defined in 
  2.5   section 617.88.  The action may be brought by a resident of a 
  2.6   jurisdiction or a neighborhood organization in a jurisdiction 
  2.7   where a nuisance has occurred.  Upon the request of a resident 
  2.8   or neighborhood organization, the prosecuting attorney for the 
  2.9   jurisdiction may bring an action under this section.  The 
  2.10  complaint shall be filed with the court and served on the 
  2.11  respondent in the manner provided by the rules of civil 
  2.12  procedures. 
  2.13     Subd. 2.  [PROOF.] A nuisance may be proved by evidence of: 
  2.14     (1) two or more separate behavioral incidents within the 
  2.15  previous 12 months that would constitute a nuisance as defined 
  2.16  in section 617.88; or 
  2.17     (2) two or more convictions within the previous 12 months 
  2.18  for violating any of the offenses described in section 617.80 or 
  2.19  617.88. 
  2.20     Proof of nuisance under clause (1) exists if each of the 
  2.21  elements of the conduct constituting the nuisance is established 
  2.22  by clear and convincing evidence.  Illegally obtained evidence 
  2.23  is not admissible in these actions. 
  2.24     Subd. 3.  [REMEDIES.] If, upon a hearing, the court finds 
  2.25  proof of a nuisance under this section, it shall permanently 
  2.26  enjoin the respondent from engaging in the nuisance activity. 
  2.27  The court shall award a prevailing individual or neighborhood 
  2.28  organization damages in the amount of actual damages suffered or 
  2.29  exemplary damages of $500 per incident, whichever is greater.  
  2.30  If the action is brought by the prosecuting attorney, the court 
  2.31  shall order the damages, other than actual damages, to be paid 
  2.32  to a crime victim witness fund serving the jurisdiction.  The 
  2.33  court may award a prevailing petitioner reasonable attorney fees 
  2.34  and costs. 
  2.35     Subd. 4.  [DEFENSES.] It is a defense to a complaint or 
  2.36  action brought under this section that:  
  3.1      (1) the individual alleged to be committing a nuisance was 
  3.2   coerced, as defined in section 611A.80, subdivision 2, into 
  3.3   committing the alleged nuisance; or 
  3.4      (2) the prosecution of the nuisance action was brought on 
  3.5   the basis of discrimination based on membership in a protected 
  3.6   class under chapter 363. 
  3.7      The defense in clause (1) may be proved without identifying 
  3.8   any person who coerced the individual. 
  3.9      Sec. 3.  [REPEALER.] 
  3.10     Sections 1 and 2 are repealed August 1, 1999.