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92.70.3

Statute ID: 15530

Statute Function ID: 33262

Public Land Use Trespass - Willful Trespass

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

92.70.3

Enactment Date:

Jan 1, 1859

Effective Date:

Jan 1, 2015

Expiration Date:

Repealed?:

Summary Text:

Public Land Use Trespass - Willful Trespass

Statute ID:

15530

Created:

Jan 23, 2015 by mnjis.legal.analyst@state.mn.us

Updated:

Jan 23, 2015 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

3(a) Payable effective 1/1/15. New offense codes needed.

Summary Text:

Public Land Use Trespass - Willful Trespass

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/92/70.html

Legislative Session:

1989 - Regular

Session Law Text?:

Statute text last updated on:

Jan 23, 2015

(a) A person who willfully and knowingly uses public land for personal use or personal economic gain where the use is prohibited is guilty of trespass and a misdemeanor and is liable to the state or county for a civil penalty three times the amount of the damage.
(b) A person violating paragraph (a) may be issued a ticket and summons for a court 
appearance. The prosecuting authority shall prosecute the misdemeanor and shall bring an action for the civil penalty or, on failure to do so, the attorney general at the request of the public agency responsible for managing the land may prosecute the misdemeanor and shall bring an action for the civil penalty.
(c) Damages must be determined as the greater of:
(1) the cost to restore the public land to the condition it was in before the trespass occurred plus an amount to compensate the public for the loss of use; or
(2) the economic gain realized by the person committing the trespass.
(d) The civil penalty shall be paid to the court and the court administrator shall pay:
(1) for a trespass on county land, the entire amount to the county to be used for restoration of the trespass and county land improvement purposes;
(2) for a trespass on state land, the civil penalty to the state agency responsible for managing the public land which is appropriated for restoration of the trespass and state land improvement purposes.