Purpose

Creates a new civil cause of action for trespass of intangible particulate matter onto someone else’s land, giving landowners a way to seek damages or other relief when airborne substances interfere with their right to exclusive possession of the land.

Main provisions

• Establishes a new section codified as Minnesota Statutes section 604.135 titled “Trespass of Intangible Particulate Matter.”
• A person who causes intangible particulate matter to trespass on another person’s land is liable for damages if the trespass interferes with the landowner’s or possessor’s right to exclusive possession.
• The bill defines intangible particulate matter as an airborne biological or chemical substance, and explicitly includes pesticides and other pollutants within this category.
• If a trespass is found to have occurred, the court may award:
  • General damages (typical monetary losses) and special damages (specific costs or expenses related to the trespass), or
  • A civil penalty of up to $100 for each day that the trespass occurred.
• The court may also grant injunctive relief or any other relief it finds just and equitable to stop the trespass or address its effects.

Key definitions and scope

• Intangible particulate matter: airborne biological or chemical substances, including but not limited to pesticides and other pollutants.
• Land of another person: property where the owner or lawful possessor has the right to exclusive possession.
• Exclusive possession: the owner’s right to control and use the land without interference by others.
• Remedies: damages (general and special), civil penalties (up to $100 per day), and injunctive or other equitable relief.

Significance and potential impact

• Expands civil law to cover trespass by intangible, airborne substances rather than only physical, tangible objects.
• Introduces a per-day civil penalty mechanism to deter ongoing trespass.
• Provides landowners with a new legal tool to address pollution or pesticide-related incursions that affect possession of land.

Relevant terms - Trespass of intangible particulate matter - Intangible particulate matter - Airborne biological or chemical substance - Pesticides - Pollutants - Land - Exclusive possession - General damages - Special damages - Civil penalty - Injunctive relief - Minnesota Statutes Chapter 604 - Section 604.135 - Just and equitable relief