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.
'A very successful session?' Or, 'a debacle?' The reviews are mixed in the immediate aftermath of the 2018 session.
Introduced in March 2017 by Rep. Mary Kunesh-Podein (DFL-New Brighton) and Sen. Carolyn Laine (DFL-Columbia Heights), HF2470/SF2259, aims to stop the cycle of opioid misuse and addiction through education.
The conference committee tasked with hammering out the differences that divide the House and Senate on a laundry list of major issues met for the first time Tuesday afternoon.
Republican legislative majority offers mixed reactions to proposed tax system overhauls and DMV fixes.
The latest numbers are a $517 million swing from the November forecast
The state’s latest economic forecast projects a budget deficit of $188 million for the current two-year biennium, and a $586 million deficit for the 2020-21 biennium
The budget process explained — and why it matters