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617.81.2(c)

Statute ID: 13101

Statute Function ID: 28685

Nuisance-Proof Established By Clear and Convincing Evidence

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

617.81.2(c)

Enactment Date:

May 20, 2009

Effective Date:

Aug 1, 2009

Expiration Date:

Repealed?:

Summary Text:

Nuisance-Proof Established By Clear and Convincing Evidence

Statute ID:

13101

Created:

Jul 24, 2009 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 24, 2009 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Correction to legislative text only

Summary Text:

Nuisance-Proof Established By Clear and Convincing Evidence

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/617/81.html

Legislative Session:

2009 - Regular

Session Law Text?:

Statute text last updated on:

Jul 24, 2009

(a) For purposes of sections 617.80 to 617.87, a public nuisance exists (1) upon proof of one or more separate behavioral incidents described in item (i), (v),(viii), or (ix), or (2) upon proof of two or more separate behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), or (x), committed within the previous 12 months within the building: 
(i) prostitution or prostitution-related activity committed within the building; 
(ii) gambling or gambling-related activity committed within the building; 
(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3); 
(iv) permitting a public nuisance in violation of section 609.745; 
(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed within the building; 
(vi) unlicensed sales of alcoholic beverages committed within the building in violation of section 340A.401; 
(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of section 340A.503, subdivision 2, clause (1); 
(viii) unlawful sales or gifts of alcoholic beverages committed within the building in violation of section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple violations occur during the same behavioral incident when the building is not occupied by the owner or a tenant, lessee, or occupant;
(ix) unlawful use or possession of a dangerous weapon as defined in section 609.02, subdivision 6 , committed within the building; or 
(x) violation by a commercial enterprise of local or state business licensing regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control of a public nuisance as defined in section 609.745. 
(b) If the building contains more than one rental unit, two or more behavioral incidents must consist of conduct: 
(1) anywhere in the building by the same tenant, lessee, occupant, or persons acting in conjunction with or under the control of the same tenant, lessee, or occupant; 
(2) by any persons within the same rental unit while occupied by the same tenant, lessee, or occupant, or within two or more rental units while occupied by the same tenant, lessee, or occupant; or 
(3) by the owner of the building or persons acting in conjunction with or under the control of the owner. 
(c) Proof of a nuisance exists if each of the elements of the conduct constituting the nuisance is established by clear and convincing evidence.