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92.70

Statute ID: 11854

Public Land Use Trespass

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

92.70

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 1989

Expiration Date:

Repealed?:

Summary Text:

Public Land Use Trespass

Statute ID:

11854

Created:

Nov 21, 2007 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 21, 2007 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Added per config request 104044

Summary Text:

Public Land Use 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:

Nov 21, 2007

Subd. 3.   
(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.

Subd. 2.   
(a) A person who uses public land for personal use or personal economic gain where the use is prohibited is guilty of trespass and a petty misdemeanor and shall be subject to a penalty not to exceed $50 per occurrence and is subject to a civil penalty for twice the amount of actual damages.
(b) A person violating paragraph (a) may be issued a ticket by a sheriff, conservation officer, or personnel of the department designated by the commissioner. The ticket must identify the trespass, where the trespass occurred, and the official observing the trespass. A copy of the ticket must be sent to the public agency responsible for managing the land.
(c) The civil penalty shall be paid to the public agency responsible for managing the public land. A civil penalty paid to the state is appropriated to the state agency responsible for managing the land to restore the damage and improve state land.
(d) Within 60 days after a ticket is issued, the public agency responsible for managing the public land where the trespass occurred must make a determination of whether a civil penalty will be sought for the trespass and notify the person.