Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 453-H.F.No. 2204 
                  An act relating to civil actions; creating a nuisance 
                  action by individuals and neighborhood organizations; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 617. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [617.88] [DEFINITION.] 
           (a) The terms used in section 617.89 have the meanings 
        given in this section. 
           (b) "Nuisance" means: 
           (1) an act of prostitution that would violate sections 
        609.321 to 609.324; 
           (2) unlawful sale or possession of controlled substances; 
        or 
           (3) unlawful use or possession of a firearm in violation of 
        section 609.66, subdivision 1a; 609.67; or 624.713. 
           (c) "Neighborhood organization" means a nonprofit 
        corporation incorporated under chapter 317A that satisfies 
        clauses (1) and (2). 
           The corporation shall: 
           (1) designate in its articles of incorporation or bylaws a 
        specific geographic community to which its activities are 
        limited; and 
           (2) be formed for the purposes of promoting community 
        safety, crime prevention, and housing quality in a 
        nondiscriminatory manner. 
           Sec. 2.  [617.89] [NUISANCE ACTION.] 
           Subdivision 1.  [ACTION ESTABLISHED.] A nuisance action may 
        be brought under this section for a nuisance as defined in 
        section 617.88.  The action may be brought by a resident of a 
        jurisdiction or a neighborhood organization in a jurisdiction 
        where a nuisance has occurred.  Upon the request of a resident 
        or neighborhood organization, the prosecuting attorney for the 
        jurisdiction may bring an action under this section.  The 
        complaint shall be filed with the court and served on the 
        respondent in the manner provided by the rules of civil 
        procedures. 
           Subd. 2.  [PROOF.] A nuisance may be proved by evidence of: 
           (1) two or more separate behavioral incidents within the 
        previous 12 months that would constitute a nuisance as defined 
        in section 617.88; or 
           (2) two or more convictions within the previous 12 months 
        for violating any of the offenses described in section 617.80 or 
        617.88. 
           Proof of nuisance under clause (1) exists if each of the 
        elements of the conduct constituting the nuisance is established 
        by clear and convincing evidence.  Illegally obtained evidence 
        is not admissible in these actions. 
           Subd. 3.  [REMEDIES.] If, upon a hearing, the court finds 
        proof of a nuisance under this section, it shall permanently 
        enjoin the respondent from engaging in the nuisance activity. 
        The court shall award a prevailing individual or neighborhood 
        organization damages in the amount of actual damages suffered or 
        exemplary damages of $500 per incident, whichever is greater.  
        If the action is brought by the prosecuting attorney, the court 
        shall order the damages, other than actual damages, to be paid 
        to a crime victim witness fund serving the jurisdiction.  The 
        court may award a prevailing petitioner reasonable attorney fees 
        and costs. 
           Subd. 4.  [DEFENSES.] It is a defense to a complaint or 
        action brought under this section that:  
           (1) the individual alleged to be committing a nuisance was 
        coerced, as defined in section 611A.80, subdivision 2, into 
        committing the alleged nuisance; or 
           (2) the prosecution of the nuisance action was brought on 
        the basis of discrimination based on membership in a protected 
        class under chapter 363. 
           The defense in clause (1) may be proved without identifying 
        any person who coerced the individual. 
           Sec. 3.  [REPEALER.] 
           Sections 1 and 2 are repealed August 1, 1999. 
           Presented to the governor April 4, 1996 
           Signed by the governor April 12, 1996, 9:50 a.m.