SF 1074

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; authorizing an award of 
  1.3             attorney fees in actions involving agricultural 
  1.4             operations; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 549. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [549.212] [ATTORNEY FEES; ACTIONS INVOLVING 
  1.8   AGRICULTURAL OPERATIONS.] 
  1.9      (a) For purposes of this section: 
  1.10     (1) "agricultural operation" has the meaning given in 
  1.11  section 561.19; and 
  1.12     (2) "substantially justified" means that the plaintiff's 
  1.13  position has a reasonable basis in law and fact, based on the 
  1.14  totality of the circumstances before and during the litigation. 
  1.15     (b) In addition to the circumstances under which sanctions 
  1.16  may be imposed under section 549.211, the court may award 
  1.17  attorney fees in actions involving agricultural operations as 
  1.18  provided in this section.  
  1.19     (c) In an action against an agricultural operation relating 
  1.20  to its activities or the issuance of a permit for its 
  1.21  activities, the court may award reasonable attorney fees to the 
  1.22  defendant if the court finds that the position of the plaintiff 
  1.23  was not substantially justified.