language to be deleted (2) new language
CHAPTER 183-S.F.No. 556 An act relating to liability; limiting liability on certain municipal power agency land for certain purposes; amending Minnesota Statutes 1998, sections 604A.20; 604A.21, subdivisions 3, 4, and by adding a subdivision; 604A.24; and 604A.25. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1998, section 604A.20, is amended to read: 604A.20 [POLICY.] It is the policy of this state, in furtherance of the public health and welfare, to encourage and promote the use of land owned by a municipal power agency and privately owned lands and waters by the public for beneficial recreational purposes, and the provisions of sections 604A.20 to 604A.27 are enacted to that end. Sec. 2. Minnesota Statutes 1998, section 604A.21, is amended by adding a subdivision to read: Subd. 2a. [DEDICATED.] "Dedicated" means made available by easement, license, permit, or other authorization. Sec. 3. Minnesota Statutes 1998, section 604A.21, subdivision 3, is amended to read: Subd. 3. [LAND.] "Land" means
privately owned or leasedany of the following which is privately owned or leased or in which a municipal power agency has rights: land, easements, rights-of-way, roads, water, watercourses, private ways and buildings, structures, and other improvements to land, and machinery or equipment when attached to theland. Sec. 4. Minnesota Statutes 1998, section 604A.21, subdivision 4, is amended to read: Subd. 4. [OWNER.] "Owner" means the possessor of a fee interest or a life estate, tenant, lessee, occupant, holder of a utility easement, or person in control of the land. Sec. 5. Minnesota Statutes 1998, section 604A.24, is amended to read: 604A.24 [LIABILITY; LEASED LAND, WATER-FILLED MINE PITS; MUNICIPAL POWER AGENCY LAND.] Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to the duties and liability of an owner of the following land: (1) land leased to the state or any political subdivision for recreational purpose; or (2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave, and to which water the public has access from a water access site operated by a public entity; or (3) land of which a municipal power agency is an owner and that is used for recreational trail purposes, and other land of a municipal power agency which is within 300 feet of such land if the entry onto such land was from land that is dedicated for recreational purposes or recreational trail use. Sec. 6. Minnesota Statutes 1998, section 604A.25, is amended to read: 604A.25 [OWNER'S LIABILITY; NOT LIMITED.] Except as set forth in this section, nothing in sections 604A.20 to 604A.27 limits liability that otherwise exists: (1) for conduct which, at law, entitles a trespasser to maintain an action and obtain relief for the conduct complained of; or (2) for injury suffered in any case where the owner charges the persons who enter or go on the land for the recreational purpose, except that in the case of land leased or dedicated to the state or a political subdivision, any consideration received from the state or political subdivision by the owner for the lease or dedication is not considered a charge within the meaning of this section. Except for conduct set forth in section 604A.22, clause (3), a person may not maintain an action and obtain relief at law for conduct referred to by clause (1) in this section if the entry upon the land is incidental to or arises from access granted for the recreational trail use of land dedicated, leased, or permitted by the owners for recreational trail use. Presented to the governor May 15, 1999 Signed by the governor May 19, 1999, 4:18 p.m.