Laserfiche WebLink
-2- <br /> • <br /> present protection of the State and private property owners are to survive a <br /> constitutional challenge. <br /> Mr. Marx, working on behalf of the Suburban Hennepin Regional Park <br /> District, has drafted legislation to amend the Minnesota Municipal Tort <br /> Liability Act, Chapter 466, to provide local governments the same protection <br /> from liability that the State and private landowners are provided. Using the <br /> State Tort Claims Act as a model the proposed legislation would: <br /> 1 . Provide limited immunity for claims based on the construction, <br /> operation or maintenance of parks and recreation areas and for the <br /> provision of recreational services. <br /> 2. Provide limited immunity for claims based on the clearing of land, <br /> removal of refuse, or the creation of trails without artificial <br /> • surfaces. <br /> 3. Hold municipalities liable for conduct that would allow a trespasser <br /> to recover damages - for example, creating dangerous artificial <br /> conditions without warning. <br /> The proposed legislation strikes an appropriate balance between public <br /> responsibility and private responsibility. Local governments would not have <br /> total immunity for operation of their park and recreation areas. Local <br /> governments, just like the State and private landowners, would remain liable <br /> for negligently carrying out dangerous activities or for creating and <br /> maintaining dangerous artificial conditions without adequate warnings. The <br /> proposal would protect local governments from many claims that arise when park <br /> users decide on their own free will to take part in potentially risky <br /> 1110 activities. <br />