SF 556

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liability; limiting liability on certain 
  1.3             municipal power agency land for certain purposes; 
  1.4             amending Minnesota Statutes 1998, sections 604A.20; 
  1.5             604A.21, subdivisions 3, 4, and by adding a 
  1.6             subdivision; 604A.24; and 604A.25. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 604A.20, is 
  1.9   amended to read: 
  1.10     604A.20 [POLICY.] 
  1.11     It is the policy of this state, in furtherance of the 
  1.12  public health and welfare, to encourage and promote the use 
  1.13  of land owned by a municipal power agency and privately owned 
  1.14  lands and waters by the public for beneficial recreational 
  1.15  purposes, and the provisions of sections 604A.20 to 604A.27 are 
  1.16  enacted to that end. 
  1.17     Sec. 2.  Minnesota Statutes 1998, section 604A.21, is 
  1.18  amended by adding a subdivision to read:  
  1.19     Subd. 2a.  [DEDICATED.] "Dedicated" means made available by 
  1.20  easement, license, permit, or other authorization.  
  1.21     Sec. 3.  Minnesota Statutes 1998, section 604A.21, 
  1.22  subdivision 3, is amended to read: 
  1.23     Subd. 3.  [LAND.] "Land" means privately owned or leased 
  1.24  any of the following which is privately owned or leased or in 
  1.25  which a municipal power agency has rights:  land, easements, 
  1.26  rights-of-way, roads, water, watercourses, private ways and 
  2.1   buildings, structures, and other improvements to land, and 
  2.2   machinery or equipment when attached to the land. 
  2.3      Sec. 4.  Minnesota Statutes 1998, section 604A.21, 
  2.4   subdivision 4, is amended to read: 
  2.5      Subd. 4.  [OWNER.] "Owner" means the possessor of a fee 
  2.6   interest or a life estate, tenant, lessee, occupant, holder of a 
  2.7   utility easement, or person in control of the land. 
  2.8      Sec. 5.  Minnesota Statutes 1998, section 604A.24, is 
  2.9   amended to read: 
  2.10     604A.24 [LIABILITY; LEASED LAND, WATER-FILLED MINE PITS; 
  2.11  MUNICIPAL POWER AGENCY LAND.] 
  2.12     Unless otherwise agreed in writing, sections 604A.22 and 
  2.13  604A.23 also apply to the duties and liability of an owner of 
  2.14  the following land: 
  2.15     (1) land leased to the state or any political subdivision 
  2.16  for recreational purpose; or 
  2.17     (2) idled or abandoned, water-filled mine pits whose pit 
  2.18  walls may slump or cave, and to which water the public has 
  2.19  access from a water access site operated by a public entity; or 
  2.20     (3) land of which a municipal power agency is an owner and 
  2.21  that is used for recreational trail purposes, and other land of 
  2.22  a municipal power agency which is within 300 feet of such land 
  2.23  if the entry onto such land was from land that is dedicated for 
  2.24  recreational purposes or recreational trail use.  
  2.25     Sec. 6.  Minnesota Statutes 1998, section 604A.25, is 
  2.26  amended to read: 
  2.27     604A.25 [OWNER'S LIABILITY; NOT LIMITED.] 
  2.28     Except as set forth in this section, nothing in sections 
  2.29  604A.20 to 604A.27 limits liability that otherwise exists: 
  2.30     (1) for conduct which, at law, entitles a trespasser to 
  2.31  maintain an action and obtain relief for the conduct complained 
  2.32  of; or 
  2.33     (2) for injury suffered in any case where the owner charges 
  2.34  the persons who enter or go on the land for the recreational 
  2.35  purpose, except that in the case of land leased or dedicated to 
  2.36  the state or a political subdivision, any consideration received 
  3.1   from the state or political subdivision by the owner for the 
  3.2   lease or dedication is not considered a charge within the 
  3.3   meaning of this section. 
  3.4      Except for conduct set forth in section 604A.22, clause 
  3.5   (3), a person may not maintain an action and obtain relief at 
  3.6   law for conduct referred to by clause (1) in this section if the 
  3.7   entry upon the land is incidental to or arises from access 
  3.8   granted for the recreational trail use of land dedicated, 
  3.9   leased, or permitted by the owners for recreational trail use.