Minnesota

Recreational Use/Recreational Trespass Laws

M.S.A. 604A.20 through 604A.27

§ 604A.21. Recreational land use; definitions

Subdivision 1. General. For the purposes of sections 604A.20 to 604A.27, the terms defined in this section have the meanings given them, except where the context clearly indicates otherwise.

Subd. 2. Charge. “Charge” means any admission price asked or charged for services, entertainment, recreational use, or other activity or the offering of products for sale to the recreational user by a commercial for profit enterprise directly related to the use of the land.

Subd. 2a. Dedicated. “Dedicated” means made available by easement, license, permit, or other authorization.

Subd. 3. Land. “Land” means any of the following which is privately owned or leased or in which a municipal power agency has rights: land, easements, rights-of-way, roads, water, watercourses, private ways and buildings, structures, and other improvements to land, and machinery or equipment when attached to land.

Subd. 4. Owner. “Owner” means the possessor of a fee interest or a life estate, tenant, lessee, occupant, holder of a utility easement, or person in control of the land.

Subd. 5. Recreational purpose. “Recreational purpose” includes, but is not limited to, hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking; rock climbing; cave exploring; bicycling; horseback riding; firewood gathering; pleasure driving, including snowmobiling and the operation of any motorized vehicle or conveyance upon a road or upon or across land in any manner, including recreational trail use; nature study; water skiing; winter sports; and viewing or enjoying historical, archaeological, scenic, or scientific sites. “Rock climbing” means the climbing of a naturally exposed rock face. “Cave exploring” means the planned exploration of naturally occurring cavities in rock, including passage through any structures placed for the purpose of safe access, access control, or conservation, but does not include the exploration of other man-made cavities such as tunnels, mines, and sewers.

Subd. 6. Recreational trail use. “Recreational trail use” means use on or about a trail, including but not limited to, hunting, trapping, fishing, hiking, bicycling, skiing, horseback riding, snowmobile riding, and motorized trail riding.

§ 604A.22. Owner's duty of care or duty to give warnings

Except as provided in section 604A.25, an owner who gives written or oral permission for the use of the land for recreational purposes without charge:

(1) owes no duty of care to render or maintain the land safe for entry or use by other persons for recreational purpose;

(2) owes no duty to warn those persons of any dangerous condition on the land, whether patent or latent;

(3) owes no duty of care toward those persons except to refrain from willfully taking action to cause injury; and

(4) owes no duty to curtail use of the land during its use for recreational purpose.

§ 604A.23. Owner's liability

An owner who gives written or oral permission for the use of the land for recreational purposes without charge does not by that action:

(1) extend any assurance that the land is safe for any purpose;

(2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) assume responsibility for or incur liability for any injury to the person or property caused by an act or omission of the person.

§ 604A.25. Owner's liability; not limited

Except as set forth in this section, nothing in sections 604A.20 to 604A.27 limits liability that otherwise exists:

(1) for conduct which, at law, entitles a trespasser to maintain an action and obtain relief for the conduct complained of; or

(2) for injury suffered in any case where the owner charges the persons who enter or go on the land for the recreational purpose, except that in the case of land leased or dedicated to the state or a political subdivision, any consideration received from the state or political subdivision by the owner for the lease or dedication is not considered a charge within the meaning of this section.

Except for conduct set forth in section 604A.22, clause (3), a person may not maintain an action and obtain relief at law for conduct referred to by clause (1) in this section if the entry upon the land is incidental to or arises from access granted for the recreational trail use of land dedicated, leased, or permitted by the owners for recreational trail use.

§ 604A.26. Land user's liability

Nothing in sections 604A.20 to 604A.27 relieves any person using the land of another for recreational purpose from any obligation that the person may have in the absence of sections 604A.20 to 604A.27 to exercise care in use of the land and in the person's activities on the land, or from the legal consequences of failure to employ that care.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: Title – M.S.A. § 273.111 (Agricultural Property Tax); M.S.A. § 290C (Sustainable Forest Resource Management Incentive Program), Agriculture. MINN. STAT. §273.13.

Method of Assessment: Current use value for agricultural land, market value for timberland.

Application: Burden on owner to apply (see M.S.A. § 273.111), Subd. 8, M.S.A. § 290C.04.

Plan Requirements: Eligibility under the sustainable forest classification requires compliance with a forest management plan. M.S.A. § 290C.03.
https://webrh12.revisor.leg.state.mn.us/statutes/?id=273
https://webrh12.revisor.leg.state.mn.us/statutes/?id=290C

Current Use Taxation for open-space land: 

Statute: M.S.A. § 273.112.

Purpose of Assessment: The present general system of ad valorem property taxation in the state of Minnesota does not provide an equitable basis for the taxation of certain private outdoor recreational, open space and park land property and has resulted in excessive taxes on some of these lands. Therefore, it is hereby declared that the public policy of this state would be best served by equalizing tax burdens upon private outdoor, recreational, open space and park land within this state through appropriate taxing measures to encourage private development of these lands which would otherwise not occur or have to be provided by governmental authority.

Method of Assessment: In determining such value for ad valorem tax purposes the assessor shall not consider the value such real estate would have if it were converted to commercial, industrial, residential or seasonal residential use.

Eligibility Requirements

Application: Application for deferment of taxes and assessment under this section shall be made at least 60 days prior to January 2 of each year. Such application shall be filed with the assessor of the taxing district in which the real property is located on such form as may be prescribed by the commissioner of revenue. The assessor may require proof by affidavit or other written verification that the property qualifies.

Renewal: M.G.L.A. 61A, § 6; owners of recreational must apply by October 1 of each year to the board of assessors in each city/town to be eligible for valuation. M.G.L.A. 61B, § 3.

Area Requirements: Five acres in size or more, except in the case of a lawn bowling or croquet green or an archery or firearms range.

Plan: N/A

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Tax incentive specifically for providing access: 

Statute: M.S.A. § 273.112.

Method of Assessment: Real estate shall be entitled to valuation and tax deferment under this section only if it is open to the public.

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Tax Incentive when land is subject to Conservation Easement: 

Statute: M.S.A. § 273.117.

Valuation: The value of real property which is subject to a conservation restriction or easement may be adjusted by the assessor if the restriction or easement is for a conservation purpose and the property is being used in accordance with the terms of the conservation restriction or easement.

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Income Tax: 

Minnesota has no tax credits or incentives for the donation of land or conservation easements.

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Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Kastner v. Star Trails Ass'n, App.2003, 658 N.W.2d 890

-Snowmobile trail-user organization was “owner” entitled to recreational-use immunity from personal injury actions brought by two snowmobilers, where organization controlled land on which trails ran.

Louis v. Louis, 2001, 636 N.W.2d 314.

-The duty of reasonable care is imposed on both the landowner and the entrant.
-While a landowner generally has a continuing duty to use reasonable care for the safety of all entrants, this duty is not absolute.

Watters v. Buckbee Mears Co., App.1984, 354 N.W.2d 848.

-Where owners of property, formerly used to mine gravel, did not directly or indirectly invite or permit people to use the property for recreational purposes, the recreational use statute did not apply to preclude an action by trespassers against the landowners for injuries sustained while they were driving on the land.

Hovet v. City of Bagley, 1982, 325 N.W.2d 813.

-Minnesota recreational use statute did not apply to land owned by a city and therefore city could not rely on the statute to avoid liability for injuries sustained due to allegedly negligent operation of a municipal beach.

Razink v. Krutzig, App.2008, 746 N.W.2d 644

-Recreational land use statute, providing that a landowner who gives permission for recreational trail use of land is entitled to immunity from a trespasser action, required that permission given for recreational trail use be oral or written, and thus statute did not preclude trespasser action, brought by snowmobile operator who was injured when he collided with a sign on landowner's land while using the land as a recreational trail, against landowner, landowner's agent, and parties who had option agreement to buy the land, who had passively permitted recreational trail use but who had not given any oral or written permission for the use.

Hughes v. Quarve & Anderson Co., 1983, 338 N.W.2d 422.

-In order for 16-year-old trespasser to recover from landowner for injury sustained from artificial dangerous condition, trespasser was required to establish that place where condition existed was one upon which owner knew or had reason to know children were likely to trespass, that condition was one owner knew or had reason to know and which he realized or should have realized would involve unreasonable risk of death or serious injury to children, that children would not discover condition or realize risk involved, that utility to owner of maintaining condition and burden of eliminating danger were slight as compared to risk, and that owner failed to exercise reasonable care to eliminate danger.