SF 4535

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/05/2024 09:24am

A bill for an act
relating to civil law; authorizing an owner to restrict access to an easement held
by a government entity; proposing coding for new law in Minnesota Statutes,
chapter 117.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [117.81] OWNER'S RIGHT TO RESTRICT ACCESS TO EASEMENT.
new text end

new text begin Notwithstanding any law to the contrary, if an owner suffers harm related to an easement
held by a local, state, or other government entity, the local, state, or other government entity
must permit the owner of the property subject to the easement to restrict access to the
easement, including erecting a gate or fence, to protect their property or life. If the owner
erects a gate or fence or restricts access by another means, the owner must provide the local,
state, or government entity with the ability to access the easement in a reasonable manner,
including by providing a key or code to unlock a gate. A local, state, or government entity
that fails to permit an owner to protect their property or life pursuant to this section forfeits
any rights to the easement.
new text end