Minnesota Session Laws - 1999, Regular Session

                            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 leased 
        any 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 the land. 
           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.