§ 116B.02 — Definitions
Plain-Language Summary
This section defines key terms used in the Environmental Rights Act, including natural resources (such as air, water, land, and wildlife), pollution, and person. These definitions determine what environmental harms can be challenged under the law.
116B.02 DEFINITIONS.
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Subdivision 1.Scope.
For purposes of sections 116B.01 to 116B.13, the following terms have the meanings given them in this section. §
Subd. 2.Person.
“Person” means any natural person, any state, municipality or other governmental or political subdivision or other public agency or instrumentality, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, and any other entity, except a family farm, a family farm corporation or a bona fide farmer corporation. §
Subd. 3.Nonresident individual.
“Nonresident individual” means any natural person, or the personal representative of the person, who is not domiciled or residing in the state when suit is commenced. §
Subd. 4.Natural resources.
“Natural resources” shall include, but not be limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Scenic and esthetic resources shall also be considered natural resources when owned by any governmental unit or agency. §
Subd. 5.Pollution, impairment, or destruction.
“Pollution, impairment, or destruction” is any conduct by any person which violates, or is likely to violate, any environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit of the state or any instrumentality, agency, or political subdivision thereof which was issued prior to the date the alleged violation occurred or is likely to occur or any conduct which materially adversely affects or is likely to materially adversely affect the environment; provided that “pollution, impairment, or destruction” shall not include conduct which violates, or is likely to violate, any such standard, limitation, rules, order, license, stipulation agreement or permit solely because of the introduction of an odor into the air. §
Subd. 6.Family farm.
“Family farm” shall mean any farm owned by a natural person, or one or more natural persons all of whom are related within the third degree of kindred according to the civil law, at least one of whose owners resides on or actively operates said farm. §
Subd. 7.Family farm corporation.
“Family farm corporation” means a corporation founded for the purpose of farming and owning agricultural land, in which the majority of the voting stock is held by, and the majority of the stockholders are, members of a family related to each other within the third degree of kindred according to the rules of the civil law, and at least one of whose stockholders is a person residing on or actively operating the farm, and none of whose stockholders are corporations. §
Subd. 8.Bona fide farmer corporation.
“Bona fide farmer corporation” means an association of two or more natural persons, one of which, if two persons are so associated, or the majority of which, if more than two persons are so associated, reside on, or are actively operating a farm.
History:
1971 c 952 s 2; 1985 c 248 s 70; 1986 c 444
History: History: 1971 c 952 s 2; 1985 c 248 s 70; 1986 c 444