Subdivision 1. Public land definition. "Public land" means publicly owned land or interests in land including land and interests in land that are owned by the state, counties, or road authorities, administered by the commissioner of natural resources, owned by the state as beds of navigable waters, acquired as conservation easements with benefits running to the state, a county, or the public under the reinvest in Minnesota reserve program, water bank program, or other state or county programs.
Subd. 2. Casual trespass. (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.
Subd. 3. Willful trespass. (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. 4. Separate actions. The prosecution for criminal trespass and the civil penalty are separate criminal and civil actions. If a trespass occurs, an action may be commenced for the criminal penalty, the civil penalty, or the civil penalty and the criminal penalty.
1989 c 353 s 12; 2009 c 176 art 1 s 50
Structure Minnesota Statutes
Chapters 92 - 94 — Lands And Minerals
Chapter 92 — State Lands; Sales; Investment Of Proceeds
Section 92.01 — State Public Lands Or State Lands.
Section 92.025 — School Trust Land Definition.
Section 92.03 — Minimum Price Of Lands.
Section 92.04 — Minimum Price Of Certain State Lands.
Section 92.06 — Payments; Interest.
Section 92.07 — Sales By Subdivisions.
Section 92.08 — Surveys And Resurveys.
Section 92.10 — Maps And Plats.
Section 92.115 — Valuation Of State Lands; Minimum Bid.
Section 92.12 — Appraisal Of School And Other State Lands.
Section 92.122 — Compensating Permanent School Fund.
Section 92.13 — State Lands; Date Of Sale.
Section 92.145 — Unsold Lands.
Section 92.16 — Certificate Of Sale.
Section 92.163 — Extension For Payment On State Land Certificates.
Section 92.165 — Certificate Of Release.
Section 92.17 — Effect Of Certificate; Record.
Section 92.18 — Divided Certificates.
Section 92.19 — Assignment; Extensions Of Payment.
Section 92.20 — Void Sales; Refund.
Section 92.21 — Redemption Of Forfeited State Lands.
Section 92.211 — Time Of Payment Extended.
Section 92.212 — Certain Lands Presumed Abandoned.
Section 92.213 — Limitation Of Actions.
Section 92.214 — Certificates Deemed Canceled In Certain Cases.
Section 92.215 — Taxes Canceled.
Section 92.23 — Payments; Receipts.
Section 92.24 — Money Paid To Commissioner Of Management And Budget.
Section 92.26 — Statement Of Sales.
Section 92.27 — Commissioner's Report On Close Of Sale.
Section 92.28 — Proceeds Of Sales; Distribution.
Section 92.30 — State To Sell Certain Lands.
Section 92.31 — State May Exchange Land.
Section 92.32 — Governor To Execute Conveyances.
Section 92.321 — Sale For Forestry Purposes.
Section 92.34 — County Land Classification Committee.
Section 92.35 — Duties And Powers.
Section 92.36 — Lands Classified.
Section 92.37 — Report To Legislature.
Section 92.45 — State Land On Meandered Lakes Withdrawn From Sale.
Section 92.46 — Lands As Campgrounds.
Section 92.50 — Unsold Lands Subject To Sale May Be Leased.
Section 92.501 — Leasing Lands To Farm Wild Rice.
Section 92.502 — Leasing Tax-forfeited And State Lands.
Section 92.503 — Conservation Planning Leases.
Section 92.51 — Taxation; Redemption; Special Certificate.
Section 92.685 — Land Management Account.
Section 92.69 — Endowment Account.
Section 92.70 — Land Use Trespass.
Section 92.71 — Direct Sale To Department Employee Prohibited.