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Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given.
(b) "Critical public service facility" includes buildings and other physical structures, and
fenced in or otherwise enclosed property, of railroad yards and stations, bus stations, airports, and
other mass transit facilities; oil refineries; and storage areas or facilities for hazardous materials,
hazardous substances, or hazardous wastes. The term also includes nonpublic portions of bridges.
The term does not include railroad tracks extending beyond a critical public service facility.
(c) "Pipeline" includes an aboveground pipeline and any equipment, facility, or building
located in this state that is used to transport natural or synthetic gas, crude petroleum or petroleum
fuels or oil or their derivatives, or hazardous liquids, to or within a distribution, refining,
manufacturing, or storage facility that is located inside or outside of this state. Pipeline does not
include service lines.
(d) "Utility" includes:
(1) any organization defined as a utility in section 216C.06, subdivision 18;
(2) any telecommunications carrier or telephone company regulated under chapter 237; and
(3) any local utility or enterprise formed for the purpose of providing electrical or gas
heating and power, telephone, water, sewage, wastewater, or other related utility service, which
is owned, controlled, or regulated by a town, a statutory or home rule charter city, a county, a
port development authority, the Metropolitan Council, a district heating authority, a regional
commission or other regional government unit, or a combination of these governmental units.
The term does not include property located above buried power or telecommunications lines
or property located below suspended power or telecommunications lines, unless the property
is fenced in or otherwise enclosed.
    Subd. 2. Prohibited conduct; penalty. Whoever enters or is found upon property containing
a critical public service facility, utility, or pipeline, without claim of right or consent of one who
has the right to give consent to be on the property, is guilty of a gross misdemeanor, if:
(1) the person refuses to depart from the property on the demand of one who has the right
to give consent;
(2) within the past six months, the person had been told by one who had the right to give
consent to leave the property and not to return, unless a person with the right to give consent
has given the person permission to return; or
(3) the property is posted.
    Subd. 3. Posting. For purposes of this section, a critical public service facility, utility, or
pipeline is posted if there are signs that:
(1) state "no trespassing" or similar terms;
(2) display letters at least two inches high;
(3) state that Minnesota law prohibits trespassing on the property; and
(4) are posted in a conspicuous place and at intervals of 500 feet or less.
    Subd. 4. Detention authority; immunity. An employee or other person designated by a
critical public service facility, utility, or pipeline to ensure the provision of services by the critical
public service facility or the safe operation of the equipment or facility of the utility or pipeline
who has reasonable cause to believe that a person is violating this section may detain the person
as provided in this subdivision. The person detained must be promptly informed of the purpose of
the detention and may not be subjected to unnecessary or unreasonable force or interrogation. The
employee or other designated person must notify a peace officer promptly of the detention and
may only detain the person for a reasonable period of time. No employee or other designated
person is criminally or civilly liable for any detention that the employee or person reasonably
believed was authorized by and conducted in conformity with this subdivision.
    Subd. 5. Arrest authority. A peace officer may arrest a person without a warrant if the officer
has probable cause to believe the person violated this section within the preceding four hours. The
arrest may be made even though the violation did not occur in the presence of the peace officer.
History: 2002 c 401 art 1 s 18