SF4981

Purpose

The bill creates a new civil remedy for trespass of intangible particulate matter. It aims to protect a landowner’s right to exclusive possession by letting a person sue if an airborne biological or chemical substance—defined as intangible particulate matter, including pesticides and other pollutants—tells the landowner’s land.

Main Provisions

• Creates a civil cause of action (civil liability) for trespass of intangible particulate matter on someone else’s land.
• Defines intangible particulate matter as an airborne biological or chemical substance, including pesticides and other pollutants.
• A person who causes this trespass can be liable for damages if the trespass interferes with the landowner’s exclusive right to possess the land.
• If trespass is found by the court, the plaintiff may receive:
  • General damages and special damages, or
  • A civil penalty up to $100 for each day there was an instance of trespass.
• The court may also grant injunctive relief or other relief the court finds just and equitable.
• The bill would be added as a new provision in Minnesota Statutes, specifically described under Chapter 604 (with a section labeled as 604.135 in the text).

Significance and Potential Impact

• Establishes a new legal remedy targeting harm caused by airborne substances that disrupt land possession.
• Introduces a daily civil penalty mechanism to deter repeated or ongoing trespass.
• Expands possible court orders beyond monetary damages to include injunctive relief to stop the trespass.

Status (as introduced)

• Introduced and referred to the Judiciary and Public Safety committee.

How it would change existing law

• Adds a new, explicit civil action for trespass of intangible particulate matter to Minnesota’s civil law.
• Creates a defined damages structure (general, special, or a per-day civil penalty) and allows injunctive relief.
• Codifies a specific definition of the harmful substance category (airborne biological or chemical substances, including pesticides and pollutants).

Relevant Terms - trespass of intangible particulate matter - intangible particulate matter - airborne biological substance - airborne chemical substance - pesticides - pollutants - land (land of another person) - exclusive possession - general damages - special damages - civil penalty - per day (not more than $100 per day) - injunctive relief - civil action - Minnesota Statutes Chapter 604 - section 604.135 (as labeled in the text)