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OH SB16
Bill
Status
11/20/2013
Primary Sponsor
Joseph Schiavoni
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AI Summary
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Establishes an affirmative defense to criminal trespass charges for persons entering abandoned land or abandoned places of public amusement during daylight hours (sunrise to sunset) solely to remediate the property, if they knew or reasonably believed the land was abandoned.
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Creates a court process allowing individuals to file a motion (with a filing fee not exceeding $20) in county or municipal court to request permission to enter abandoned land or places of public amusement for remediation purposes; the court must hold a hearing within two weeks and notify the property owner.
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Provides civil immunity to property owners from trespassers who enter with court permission or who knowingly entered to remediate during daylight hours and reasonably believed the land was abandoned.
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Prohibits persons remediating abandoned land from making cosmetic improvements, causing additional damage, entering interior spaces of buildings/structures (except to board windows and doors), or remediating manufactured homes, mobile homes, travel trailers, or park trailers on the property.
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Bars individuals performing remediation from seeking reimbursement for remediation costs unless the property owner agrees in writing; excludes railroad-owned land and does not affect municipalities' authority to remediate abandoned properties.
Legislative Description
To provide that a person is not criminally or civilly liable for trespassing on certain abandoned land or similar places of public amusement if the person enters or remains on the land or place of public amusement to remediate it and knows or has reasonable cause to believe that the land or place of public amusement is in one of those categories; to establish a court process to allow a person to request and receive permission to enter certain abandoned land or similar places of public amusement in order to remediate that land; to provide that a person is not civilly liable for trespassing on that land if the person has received an order from the court granting such permission; to provide the property owner with immunity from liability to a person who enters or remains on the land or place of public amusement in those circumstances subject to the statute governing liability to trespassers; and to provide that a person who enters or remains on the land or place of public amusement in those circumstances is not entitled to any reimbursement for any cost of the remediation unless agreed to by the property owner.
Abandoned land/place of amusement-trespass to remediate-no liability
Last Action
Passed 3rd Consideration House
11/20/2013