HF 35

as introduced - 91st Legislature (2019 - 2020) Posted on 01/14/2019 01:55pm

A bill for an act
relating to civil actions; specifying the duty owed by real property owners 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) A real property owner owes no duty of care to a trespasser unless 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 that a real property owner may be
entitled to.
new text end

new text begin (c) For the purposes of this section, "owner" means the possessor of a fee interest, 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to actions
arising from incidents occurring on or after that date.
new text end