Current limits on an injured trespasser’s ability to sue should be set in statute and shouldn’t change.
That’s what Rep. Dan Fabian (R-Roseau) declared about a bill he sponsors. HF985 is common-sense property-rights legislation of a kind enacted in 26 states meant to “preempt the courts from imposing or adopting” broader rights for trespassers, he said.
Passed, as amended, 85-46 Thursday, the bill now moves to the Senate, where Sen. Warren Limmer (R-Maple Grove) is the sponsor.
A second Lesch amendment, defining the term “trespasser,” was adopted as amended by Fabian to include in the definition a person who “has unlawfully or wrongfully entered the land through their physical presence or through the physical presence of another tangible object or substance which interferes with the owner's right of exclusive possession."
The words “tangible object or substance” prompted Rep. Jamie Becker-Finn(DFL-Roseville) to questions whether that would apply to, for instance, overdrift of sprayed pesticides or feedlot runoff.
“This isn’t the first time people thought it was a good idea to freeze common law,” Lesch said. “I don’t think it’s well thought out.”
Limits on when a trespasser can sue already exist in common law, as well as state statute. The bill states: “An owner of real property owes no duty of care to a trespasser except in those circumstances where a common law or statutory right of action existed as of the effective date of this section.”
Current law allows persons pursuing outdoor recreation to go onto private land they don’t own if they have an owner’s permission. But another law says such an owner doesn’t have a duty to maintain the land or warn about dangers there.
The Minnesota Supreme Court has ordered the Legislature and Gov. Mark Dayton to use mediation to resolve a funding dispute. In an opinion issued Friday, the court also ruled that Dayton’s use of the line-item veto to strip biennial funding for the Legislature was constitutional.
A Ramsey County judge on Wednesday ruled that Gov. Mark Dayton’s line-item veto of legislative funding violated the state’s constitution.
House and Senate leadership OK a resolution to seek outside legal representation in an effort to restore funding for the Legislature that Gov. Mark Dayton line-item vetoed earlier this week.
Day three of the 2017 special session saw lawmakers pass final omnibus bills to be sent to Gov. Mark Dayton, with weary House members wrapping up their work at 2:42 a.m. Friday following a week of long days — and nights — at the State Capitol.
Lawmakers on conference committees must sort through competing bills before finalizing a product to send to the governor.
The budget process explained — and why it matters
$45 billion plan is about a 10 percent increase over current biennium
Governor urges lawmakers to pass a big capital investment bill during budget-setting year; House Speaker has expressed doubt over bonding this session
It was a day of selfies, swearings-in and standing ovations as the House opened the 2017-18 biennial session Tuesday.