Purpose

To require government entities that hold easements over private property to provide actual notice to the property owner before using the easement, and to establish penalties and a private right of action if notice is not given.

Main provisions

• Any local, state, or other government entity with an easement over private property must provide actual notice to the property owner by mail, email, or telephone before using the easement.
• If a municipality or state agency fails to provide actual notice, it is subject to a civil penalty of $500 per violation.
• An owner who is aggrieved by a failure to give notice may bring an action in district court to recover actual damages, any penalties, costs, and reasonable attorney fees.

Significance and changes to existing law

• Establishes an explicit “actual notice” obligation for government-held easements, replacing or supplementing prior notice expectations.
• Introduces a private right of action for owners and creates civil penalties for noncompliance.
• Allows recovery of damages, penalties, costs, and attorney fees for owners who are harmed by lack of notice.

Notice mechanics and scope

• Notice must be given by mail, email, or telephone.
• Applies to government entities at the local or state level (and potentially others) that hold easements over private property.

Remedies, penalties, and enforcement

• Civil penalty: $500 per violation for failing to provide actual notice.
• Private enforcement: Owners may sue in district court to recover actual damages, penalties, costs, and attorney fees.

Practical impact and considerations

• Property owners gain clearer procedural protections before government use of an easement.
• Government entities will need processes to confirm and document actual notice via mail, email, or telephone.
• Potential concerns include verification of notice and administrative costs for compliance and litigation.

Relevant terms

• actual notice
• easements
• government entity
• private property owner / owner
• mail
• email
• telephone
• civil penalty
• violation
• district court
• actual damages
• penalties
• costs
• attorney fees
• Notwithstanding any law to the contrary
• Minnesota Statutes chapter 117.1