HomeMy WebLinkAbout4.n. Hibbing Resolution CITY OF ROSEMQUNT
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EXECUTIVE SUI�SARY FOR ACTION
CITY CQUNCIL MEETING DATE: March 15, 1994 ,
AGENDA ITEM: Hibbing Resolution AGENDA S�sCTIdN: I
Consent Agenda
PREPARED B�: Ron Wasmund AGENDA t
Interim City Administrator �E� # l.l� �
ATTACffi+2ENTS: Resolution, Supportive Documents APP �
We have received a request from Hibbing and Grand Rapids area Chambers
of Commerce asking for our passage of a resolution supporting
legislation which would allow private land owners to use their land
for public snowmobiling, hiking or other trail use.
The legislation provides more protection to land owners from frivolous
lawsuit by providing state funds for costs and attorney fees
associated with such lawsuits. Current' legislation some how
discourages these land owners from being able to use their private
land for trail systems due to liability limits and the ability of
users of the trails to easily access the financial capabilities of the
land owner through lawsuit. Trails have been sited as a major part of
tourism and this proposal would allow for trail developrnent without
public ownership. Thereby, reducing the impact an state and local
gavernments.
I have attached for your review and endorsement the supportive
infarmation regarding this request from the Hibbing and Grand Rapids
area Chambers of Commerce.
RECO�NDI3D ACTION: MOTION TO PASS A RESOLUTTON SUFPORTING ZNCREASED
PROTECTION FROM LIABILITY FOR PRIVATE LANA OWNERS WHO MAKE THEIR LAND
AVAILABLE FOR PUBLIC RECREATION WITHOUT CHARGE.
COIINCIL ACTION:
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CITY OF ROSII�OIINT
DAROTA COUNTY, MINNESOTA
RESOLIITION 1994-
A RESOLIITION SIIPPORTING INCREASED PROTECTION
FROM LIABILITY FQR PRIVATE LANDOWNEI2S WHO
MAKF THEIR LAND AVAILABLE FOR PUSLIC
RECREATION �PITHOU'T CHAAGE
WHEREAS, tourism is important to the economy of Minnesota,
ranking as ane of the top_ five industries, and
WHEREAS, recreational use af lands and waters (hunting,
fishing, swimrning, baating, camping, hiking, bicycling,
snowmobiling, skiing, ete. ) plays a primary role in making
Minnesota 'a tourism destination, and
�iEREAS, state and local government and for profit enterprises
alone cannot provide adeguate outdoor recreational opportunities
for the public, and
WHL�REAS, zt is necessary to utilize non-governmental lands in
order to have complete recreational trail s�rstems, and
�HEREAS, a growing fear of liability and loss of property rights
is discouraging landowners from opening up their land for
recreational purposes, and
wHEREAS, legislation has been written which would limit
liability of private landowners who, without charge, allaw
recreational use of their property and will be introduced in the
1994 legislative session as H.F. 1757, and
aTHEREAS, H.F. 1757 wauld bring.Minnesota more in line with at
least thirty other states which have recreational use statutes.
NO�, T8LR8FORE, BS IT RESOLVSD by the City Council of the City
of Rosemo�nt that recreational use of private lands and waters
is important to the economic we12 being of the Rosemount area;
and
BT IT FIIRTBER RESOLVED that we do, hereby,; support H:F. 1757
which increases protection of landowners who, without charge,
allow public recreational use of their lands.
AD4PTED this 15th day of March, 1994.
' E. B. McMenomy, Mayor
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RESOLIITION 1994 -
ATTEST: !�
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor•
Voted against•
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�.};:.- ' QF COMMERC�
Chamber of Gommerce
February 17, 1994
WE NEED YOUR SUPPORT! i,
included with this letter,you fill find in#ormatian and a draft resolution of support for House
�ile #1757. '
Without the suppart of your organization and others like yours� our legislation will fail and
tourism activity and tourism-related business will suffer greatly.
We ask that you take this resolution,or bring a similar resolution to your governing body
(Board, Council, Gommission, etc...) as soon as possible for passage.
-Time is of the essence due to the legislative schedule.
Once this resolution has passed please mail a copy to the following address and to your
local legislators. _
Thank you for your fime and support!
Most Sincerely,
c1? � � GY,!
Lory edo , Sandy yman
Executive Director Eacecutive Director
Hibbing Area Chamber.of Commerce Grand Fiapids Area Chamber of Commerce
PO Box 727 ' 1 NW 3 St.
Hibbing, MN 55746 Grand Rapids, MN 55744
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A HtSTORY, PURPQSE A,ND SUMMARY OF H.F. #1757
Because tourism,'speci�cally trail use is essential to the econamic wefl-being of the State
af Minnesota; severai community, business, governmental, tourism and trail user
organizations are'working together to insure the continued use of state-wide, multi-use
frails and trail systems through the introduction of new legislation.
This proposed legislation H.F. #1757 brings Minnesata law in line with the vast majority
of states in the snowbelt, particular(y those who depend on outdoor recreation for
significant economic development.
In essence, H.F. ##757 would limit liability of private landowners who without charge allow
recreational use of +heir property. Currently, Minnesota iaw disc:ourages these same
landowners from opening-up or continuing recreational use o# thair land for uses such
as snowmobiling, hiking, skiing, horseback riding, bicycling, etc... I�
State and local governments and for-pro�it enterprises alone can not provide adequate I
outdoor recreational apportunities for the public. �Free use of private land has helped to
fill the gap.
H.F. #1757 addresses and corrects this issue. It limits fiability to conduct iMended to
cause injury, and it requires that the landowner grant in writing an easement or other
property right before any such property right may be inferred from letting others use the
land for recreational purposes. H.F.#1757 also provides for costs and attorney's fees to
be awarded to the landowner if any frivolous lawsuit is brought against the landowner.
H.F. #1757 is authored by Representative Mary Jo McGuire in the House of
Representatives. Similar legislation will soon be introduced in the Senate. The folfowring
organizations have endorsed H.F. #1757:
MN USA (snowmobiling)
Minnesota Park & Trails Council
Minnesota Horse Council
Minnesota Recreation Coalition
Minnesota Mountain Bikers Association
Minnesota Civil Justice Coalfion
Minnesota 4 X 4 Association
Minnesota DNR
Minnesota Motel Association
Minnesota Association of Campground Operators
The Hibbing Area Chamber o# Commerce
7he Grand Rapids Area Chamber of Commerce
The Lake Superior Trail Association
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' CHAPTER No.
S. F. No.
H.R. No. 1757
AN ACT
1 Relating to the use of privately owned lands and waters by the
2 public for beneficial recreational purposes; clarifyiag the
3 nature and extent of liabiYity of owners to persons using such
4 lands; providing protection from nnisance lawsuits; amending
5 Minnesota Statutes 1992, sections 87.0221; 87.024; 87,025; 87.03;
6 adding a new subdivision to section 87.021; and by adding a
7 aeu� section to Minnesota Statutes 1992 Chapter 87.
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10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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12 See. 1. Mianesota Statutes 1992, Section 87.021, is amended to add a new subdivision '
13 to read: '
14
15 Subd. la. "Intentionally," meaas that the actor either has a,_purpose to do the thin�or I
16 cause the result specified or believes that the act performed hv the actor. if successful, will
17 cause that result.
18 �
19 Sec. 2. Minnesota Statutes 1992, Section 87A221, is amended to read:
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21 $�.0221 OWNER'S DUTY OF CAit� OR DUTY TO GIVE WARNINGS
22 Except as specifically recognized by or provided in section 87:025, an owner (a) owes
23 no duty of care to render or maintain the land safe for entry or use by other persons for
24 recreational purposes, (b) owes no duty to warn those persons of any dangerous conditioa on
25 the land, whether patent or latent, (c) owes no duty of care toward those persons except to
26 refrain from intentionallv causing ����"�',,"., �^L:�� ^^*;^� *^ r�,�r� ;njury, and (d) owes no
27 duty to curtail use of the land during its use for recreatianal purposes.
2$ , _
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30 Sec. 3. Minnesota Statutes 1992, Sectian 87.024, is amended to read:
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32 87.024 LIA$ILITY; LEASED LAND,WATER FILLED MINE PITS
33 Unless otherwise agreed in writing, the provisions of sections 87.0221 and $7.Q23 :�:i�z�
34 shall be deemed applicable to the duties and IiabiliEy of an owner of the faliowing
3� described land: (1) land leased to the state or any subdivision thereof for recreational
36 purpases; ar (2) idled or abandaned, water filt�d, mine pits whose pit walls may slump or
37 cave, and to which water the publie has access from a water access site operated by a public
38 entitv.
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41 Sec. 4. Minaesota Statutes 1992, Section 87.025, is amended to read;
42
43 $7A25 OVS'NERS' LIABILITY; NOT LIMITED
44 Except as provided in this chapter nathing herein limits in any way any liability
4� which otherwise e�ists:
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1 (a) For ,. „a,,,.. ..w;,.�, .,� � .•.� , , . .• a
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2 ek�k�-i-�, �ai���' *�- «�� �a„�� �����= intentianal}v causing_injurv to any person ar Eo
3 the property of aaother:
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5 (b) fior injvey suffered in any case where the owner charges the person or
6 persons who enter or go on the land for the recreational use thereof, except that in ihe case
7 of land leased to the state or a subdivision thereof, any consideration reeeived from the
8 state or subdivision thereof by the owner for�such lease shall not be deemed a charge withia
9 the meaning of this section.
10
ll Sec. 5. Minnesota Statutes 1992, Section 87.03, is amended to read:
12
13 87.03 II�DICr�TION: EASEMENT
14 No dedicatioa of any land in connect'ron with any use by any person for a
15 reereational purpose shall take effect in consequences of the exercise of such use for any
16 length of time hereafter except as expressly permi[ted or provided in writin¢ by the owner
17 nor shall the �rant of permission for such use � such owner r� ant to an�nerson an
18 easement or other propert right in the land excent as expressly provided in writing bv the
19 owner.
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22 Sec. 6. [87.041] PROTECTION FROM NUISANCE LAWSUITS.
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24 If anv nerson brings a claim a�ainst an owner in state or federal court for in'u� ries
25 arisin� from the recreational use of land and the eourt determines that the owner is immune
26 from liabilitv under this chapter the court in its discretion ma +�award such owner its costs
27 disbursements. reasonable attornev's fces and witness fees incurred in defending against
28 such claim.
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