"Nuisance Person" re: Alice Krengel
the three-year period from 1996 to 1999, Minnesota law15 permitted the
filing of a civil action against an individual for engaging in nuisance
activity16 without requiring any connection House Research Department
October 2000 between the activity and a building. This law, known as the
person as nuisance law, was intended to address specified
nuisance activities conducted in places (e.g., streets, sidewalks, or
other public areas) other than the kinds of structures and private premises
that are subject to thepublic nuisance statute.
to this law, any resident of the neighborhood or any neighborhood organization
in the area where the nuisance activity occurred could file the nuisance
action. Alternatively, the neighborhood resident or organization could
ask the local prosecuting attorney to file the action.
of a nuisance could be established by clear and convincing evidence that
the respondent engaged in nuisance activity during two or more behavioral
incidents within the past 12 months.
The law authorized two defenses to the nuisance action: that the respondent was coerced into committing the nuisance activity or that the prosecution of the nuisance was motivated by unlawful discrimination against the respondent, as defined in the state Human Rights Act. Finally, the law provided the following remedies: