Bill Text: OH SB109 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: To provide that a person is not criminally or civilly liable for trespassing on certain abandoned land, blighted parcels, or similar places of public amusement if the person enters or remains on the land or parcel to remediate it and knows or has reasonable cause to believe that the land or parcel is in one of those categories; to provide the property owner with immunity from liability to a person who enters or remains on the land or parcel 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 parcel in those circumstances is not entitled to any reimbursement for any cost of the remediation unless agreed to by the property owner.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-03-28 - Passed 3rd Consideration House [SB109 Detail]

Download: Ohio-2011-SB109-Comm_Sub.html

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As Reported by the House Judiciary and Ethics Committee

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 109

Senator Schiavoni 

Cosponsors: Senators Smith, Turner, Sawyer, Skindell, Beagle, Tavares, Cafaro, Bacon, Brown, Gentile, Hughes, Jones, Kearney, LaRose, Manning, Niehaus, Patton, Peterson, Wagoner, Widener 

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A BILL

To amend section 2911.21 and to enact section

1

2305.117 of the Revised Code to provide that a

2

person is not criminally or civilly liable for

3

trespassing on certain abandoned land, blighted

4

parcels, or similar places of public amusement if

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the person enters or remains on the land or parcel

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to remediate it and knows or has reasonable cause

7

to believe that the land or parcel is in one of

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those categories; to provide the property owner

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with immunity from liability to a person who

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enters or remains on the land or parcel in those

11

circumstances subject to the statute governing

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liability to trespassers; and to provide that a

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person who enters or remains on the land or parcel

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in those circumstances is not entitled to any

15

reimbursement for any cost of the remediation

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unless agreed to by the property owner.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2911.21 be amended and section	18
2305.117 of the Revised Code be enacted to read as follows:	19

Sec. 2305.117.  (A) As used in this section:

20

(1) "Abandoned land" and "unoccupied" have the same meanings	21
as in section 323.65 of the Revised Code.	22

(2) "Blighted parcel" has the same meaning as in section 1.08	23
of the Revised Code.	24

(3) "Cost or expense of remediation" means any cost or	25
expense associated with any effort to remediate any abandoned	26
land, abandoned land that is unoccupied, blighted parcel, or place	27
of public amusement that is abandoned land, abandoned land that is	28
unoccupied, or a blighted parcel, including, but not limited to,	29
any cost or expense of any material, equipment, product, or labor	30
used in or otherwise associated with the effort.	31

(4) "Place of public amusement" has the same meaning as in	32
section 2911.23 of the Revised Code.	33

(5) "Railroad" has the same meaning as in section 4907.02 of	34
the Revised Code.	35

(6) "Remediate" has the same meaning as in section 2911.21 of	36
the Revised Code.	37

(7) "Trespasser" means an individual who, without express or	38
implied authorization, invitation, or inducement, enters abandoned	39
land, abandoned land that is unoccupied, a blighted parcel, or a	40
place of public amusement that is abandoned land, abandoned land	41
that is unoccupied, or a blighted parcel purely for the	42
individual's own purposes and convenience.	43

(B) Subject to division (C) of this section, no owner of	44
abandoned land, abandoned land that is unoccupied, a blighted	45
parcel, or a place of public amusement that is abandoned land,	46
abandoned land that is unoccupied, or a blighted parcel has a	47
civil action, or may receive an award of damages in a civil	48
action, against another person for the other person knowingly	49
entering or remaining upon that land, parcel, or place of public	50
amusement during the daylight hours from sunrise to sunset if the	51
other person proves both of the following:	52

(1) The other person knowingly entered or remained on that	53
land, parcel, or place of public amusement in order to remediate	54
that land, parcel, or place of public amusement.	55

(2) Before entering upon that land, parcel, or place of	56
public amusement, the other person knew, or after duly	57
investigating the matter had reasonable cause to believe, that the	58
land was abandoned land or abandoned land that was unoccupied,	59
that the parcel was a blighted parcel, or that the place of public	60
amusement was a place of public amusement that was abandoned land,	61
abandoned land that was unoccupied, or a blighted parcel.	62

(C) Division (B) of this section does not apply with respect	63
to any land or parcel that is owned by a railroad.	64

(D)(1) Subject to division (D)(2) of this section, no person	65
who is a trespasser and who enters or remains on any abandoned	66
land, abandoned land that is unoccupied, a blighted parcel, or a	67
place of public amusement that is abandoned land, abandoned land	68
that is unoccupied, or a blighted parcel in order to remediate	69
that land, parcel, or place of public amusement has a civil	70
action, or may receive an award of damages in a civil action,	71
against the owner of that land, parcel, or place of public	72
amusement.	73

(2) Division (D)(1) of this section does not apply with	74
respect to any injury, death, or loss to person or property of a	75
trespasser that occurred while the trespasser entered or remained	76
on any abandoned land, abandoned land that is unoccupied, a	77
blighted parcel, or a place of public amusement that is abandoned	78
land, abandoned land that is unoccupied, or a blighted parcel, to	79
the extent that section 2305.402 of the Revised Code provides for	80
or governs civil liability with respect to the injury, death, or	81
loss.	82

(E)(1) Subject to division (E)(2) of this section, no person	83
who enters or remains on any abandoned land, abandoned land that	84
is unoccupied, blighted parcel, or place of public amusement that	85
is abandoned land, abandoned land that is unoccupied, or a	86
blighted parcel in order to remediate that land, parcel, or place	87
of public amusement has a civil action, or may receive an award of	88
damages in a civil action, against the owner of that land, parcel,	89
or place of public amusement for reimbursement of any cost or	90
expense of remediation.	91

(2) Division (E)(1) of this section does not apply to a cost	92
or expense of remediation to the extent that the person who enters	93
on or remains on the land, parcel, or place of public amusement	94
has entered into an agreement with the owner of the land, parcel,	95
or place of public amusement for reimbursement of that cost or	96
expense of remediation.	97

Sec. 2911.21.  (A) No person, without privilege to do so,	98
shall do any of the following:	99

(1) Knowingly enter or remain on the land or premises of	100
another;	101

(2) Knowingly enter or remain on the land or premises of	102
another, the use of which is lawfully restricted to certain	103
persons, purposes, modes, or hours, when the offender knows the	104
offender is in violation of any such restriction or is reckless in	105
that regard;	106

(3) Recklessly enter or remain on the land or premises of	107
another, as to which notice against unauthorized access or	108
presence is given by actual communication to the offender, or in a	109
manner prescribed by law, or by posting in a manner reasonably	110
calculated to come to the attention of potential intruders, or by	111
fencing or other enclosure manifestly designed to restrict access;	112

(4) Being on the land or premises of another, negligently	113
fail or refuse to leave upon being notified by signage posted in a	114
conspicuous place or otherwise being notified to do so by the	115
owner or occupant, or the agent or servant of either.	116

(B) It is no defense to a charge under this section that the	117
land or premises involved was owned, controlled, or in custody of	118
a public agency.	119

(C) It is no defense to a charge under this section that the	120
offender was authorized to enter or remain on the land or premises	121
involved, when such authorization was secured by deception.	122

(D)(1) Whoever violates this section is guilty of criminal	123
trespass, a misdemeanor of the fourth degree.	124

(2) Notwithstanding section 2929.28 of the Revised Code, if	125
the person, in committing the violation of this section, used a	126
snowmobile, off-highway motorcycle, or all-purpose vehicle, the	127
court shall impose a fine of two times the usual amount imposed	128
for the violation.	129

(3) If an offender previously has been convicted of or	130
pleaded guilty to two or more violations of this section or a	131
substantially equivalent municipal ordinance, and the offender, in	132
committing each violation, used a snowmobile, off-highway	133
motorcycle, or all-purpose vehicle, the court, in addition to or	134
independent of all other penalties imposed for the violation, may	135
impound the certificate of registration of that snowmobile or	136
off-highway motorcycle or the certificate of registration and	137
license plate of that all-purpose vehicle for not less than sixty	138
days. In such a case, section 4519.47 of the Revised Code applies.	139

(E) Notwithstanding any provision of the Revised Code, if the	140
offender, in committing the violation of this section, used an	141
all-purpose vehicle, the clerk of the court shall pay the fine	142
imposed pursuant to this section to the state recreational vehicle	143
fund created by section 4519.11 of the Revised Code.	144

(F) Subject to division (G) of this section, it is an	145
affirmative defense to a charge of a violation of this section	146
that the person charged knowingly entered or remained on abandoned	147
land, abandoned land that was unoccupied, a blighted parcel, or a	148
place of public amusement that was abandoned land, abandoned land	149
that was unoccupied, or a blighted parcel during the daylight	150
hours from sunrise to sunset, without privilege to do so and that	151
both of the following apply:	152

(1) The person knowingly entered or remained on that land,	153
parcel, or place of public amusement for the sole purpose to	154
remediate that land, parcel, or place of public amusement.	155

(2) Before entering upon that land, parcel, or place of	156
public amusement, the person knew, or after duly investigating the	157
matter had reasonable cause to believe, that the land was	158
abandoned land or abandoned land that was unoccupied, that the	159
parcel was a blighted parcel, or that the place of public	160
amusement was a place of public amusement that was abandoned land,	161
abandoned land that was unoccupied, or a blighted parcel.	162

(G) Division (F) of this section does not apply with respect	163
to any land or parcel that is owned by a railroad.	164

(H) As used in this section:

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(1) "All-purpose vehicle," "off-highway motorcycle," and	166
"snowmobile" have the same meanings as in section 4519.01 of the	167
Revised Code.	168

(2) "Land or premises" includes any land, building,	169
structure, or place belonging to, controlled by, or in custody of	170
another, and any separate enclosure or room, or portion thereof.	171

(3) "Abandoned land" and "unoccupied" have the same meanings	172
as in section 323.65 of the Revised Code.	173

(4) "Remediate" means to improve the landscaping, clean up	174
litter, or repair dilapidated conditions on abandoned land,	175
abandoned land that is unoccupied, a blighted parcel, or a place	176
of public amusement that is abandoned land, abandoned land that is	177
unoccupied, or a blighted parcel or to board up windows and doors	178
on any building or structure that is located on the abandoned	179
land, abandoned land that is unoccupied, blighted parcel, or place	180
of public amusement. Remediate does not include any of the	181
following:	182

(a) Any cosmetic improvement, including painting of any kind,	183
to any building or structure that is located on abandoned land,	184
abandoned land that is unoccupied, a blighted parcel, or a place	185
of public amusement that is abandoned land, abandoned land that is	186
unoccupied, or a blighted parcel;	187

(b) Any act or conduct that results in any additional damage	188
to abandoned land, abandoned land that is unoccupied, a blighted	189
parcel, or a place of public amusement that is abandoned land,	190
abandoned land that is unoccupied, or a blighted parcel or to any	191
building or structure that is located on any such land, parcel, or	192
place.	193

(5) "Place of public amusement" has the same meaning as in	194
section 2911.23 of the Revised Code.	195

(6) "Railroad" has the same meaning as in section 4907.02 of	196
the Revised Code.	197

(7) "Blighted parcel" has the same meaning as in section 1.08	198
of the Revised Code.	199

Section 2.  That existing section 2911.21 of the Revised Code	200
is hereby repealed.	201