Minn. Stat. § 97B.001

Ouradnik v. Ouradnik · 2017 2 citations

+ 2 more citations in this opinion.

State of Minnesota v. Darren Gregory Melges · 2016 3 citations

+ 3 more citations in this opinion.

State v. Wagner · 1996 2 citations

We also note, as did the trial court, that since the decision in Whittaker, the law of trespass in Minnesota has been modified to allow a hunter, in certain instances, to retrieve wounded game from another’s property without trespassing. Specifically, Minn. Stat. § 97B.001, subd. 5, provides that a hunter on foot may, without the owner’s permission, retrieve wounded game from agricultural land that is not posted according to statute. We do not agree with appellant that the provisions contained in Minn. Stat. § 97B.001, subd. 7, limiting the taking of a wild animal within certain distances from various structures or buildings occupied by humans or livestock, strengthen the trespass law of Whittaker. Nothing in this provision prohibits shooting or hunting on public water adjacent to private land. Presumably, had the legislature intended to place further limitations on taking waterfowl in public waters, the limitations would be codified in Chapter 97B. The legislature did not so provide, and we cannot now provide that which the legislature has purposely omitted or inadvertently overlooked. See Northland Country Club v. Commissioner of Taxation, 308 Minn. 265, 271, 241 N.W.2d 806, 809 (1976) (when construing statutes, the court “cannot supply that which the legislature purposely omits or inadvertently overlooks”).

We also note, as did the trial court, that since the decision in Whittaker, the law of trespass in Minnesota has been modified to allow a hunter, in certain instances, to retrieve wounded game from another’s property without trespassing. Specifically, Minn. Stat. § 97B.001, subd. 5, provides that a hunter on foot may, without the owner’s permission, retrieve wounded game from agricultural land that is not posted according to statute. We do not agree with appellant that the provisions contained in Minn. Stat. § 97B.001, subd. 7, limiting the taking of a wild animal within certain distances from various structures or buildings occupied by humans or livestock, strengthen the trespass law of Whittaker. Nothing in this provision prohibits shooting or hunting on public water adjacent to private land. Presumably, had the legislature intended to place further limitations on taking waterfowl in public waters, the limitations would be codified in Chapter 97B. The legislature did not so provide, and we cannot now provide that which the legislature has purposely omitted or inadvertently overlooked. See Northland Country Club v. Commissioner of Taxation, 308 Minn. 265, 271, 241 N.W.2d 806, 809 (1976) (when construing statutes, the court “cannot supply that which the legislature purposely omits or inadvertently overlooks”).