HF 985

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/28/2017 08:30am

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 (d) This section does not apply to a claim arising from injury to a minor.
new text end

new text begin (e) For the purposes of this section, "trespasser" means a person who is on the land and
has unlawfully or wrongfully entered the land through their physical presence or through
the physical presence of another tangible object or substance which interferes with the
owner's right of exclusive possession.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to actions
arising from incidents occurring on or after that date.
new text end