As Reported by the Senate Judiciary Committee

129th General Assembly
Regular Session
2011-2012
Sub. S. B. No. 109


Senator Schiavoni 

Cosponsors: Senators Smith, Turner, Sawyer, Skindell, Beagle, Tavares, Cafaro 

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 5
the person enters or remains on the land or parcel 6
to remediate it and knows or has reasonable cause 7
to believe that the land or parcel is in one of 8
those categories; to provide the property owner 9
with immunity from liability to a person who 10
enters or remains on the land or parcel in those 11
circumstances subject to general rules governing 12
liability to trespassers; and to provide that a 13
person who enters or remains on the land or parcel 14
in those circumstances is not entitled to any 15
reimbursement for any cost of the remediation 16
unless agreed to by the property owner.17


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 if the other person proves both of the following:51

       (1) The other person knowingly entered or remained on that 52
land, parcel, or place of public amusement in order to remediate 53
that land, parcel, or place of public amusement.54

       (2) Before entering upon that land, parcel, or place of 55
public amusement, the other person knew, or after duly 56
investigating the matter had reasonable cause to believe, that the 57
land was abandoned land or abandoned land that was unoccupied, 58
that the parcel was a blighted parcel, or that the place of public 59
amusement was a place of public amusement that was abandoned land, 60
abandoned land that was unoccupied, or a blighted parcel.61

       (C) Division (B) of this section does not apply with respect 62
to any land or parcel that is owned by a railroad.63

       (D)(1) Subject to division (D)(2) of this section, no person 64
who is a trespasser and who enters or remains on any abandoned 65
land, abandoned land that is unoccupied, a blighted parcel, or a 66
place of public amusement that is abandoned land, abandoned land 67
that is unoccupied, or a blighted parcel in order to remediate 68
that land, parcel, or place of public amusement has a civil 69
action, or may receive an award of damages in a civil action, 70
against the owner of that land, parcel, or place of public 71
amusement. 72

       (2) Division (D)(1) of this section does not apply with 73
respect to any injury, death, or loss to person or property of a 74
trespasser that occurred while the trespasser entered or remained 75
on any abandoned land, abandoned land that is unoccupied, a 76
blighted parcel, or a place of public amusement that is abandoned 77
land, abandoned land that is unoccupied, or a blighted parcel, to 78
the extent that another section of the Revised Code or the common 79
law of this state provides for or governs civil liability with 80
respect to the injury, death, or loss.81

       (E)(1) Subject to division (E)(2) of this section, no person 82
who enters or remains on any abandoned land, abandoned land that 83
is unoccupied, blighted parcel, or place of public amusement that 84
is abandoned land, abandoned land that is unoccupied, or a 85
blighted parcel in order to remediate that land, parcel, or place 86
of public amusement has a civil action, or may receive an award of 87
damages in a civil action, against the owner of that land, parcel, 88
or place of public amusement for reimbursement of any cost or 89
expense of remediation. 90

       (2) Division (E)(1) of this section does not apply to a cost 91
or expense of remediation to the extent that the person who enters 92
on or remains on the land, parcel, or place of public amusement 93
has entered into an agreement with the owner of the land, parcel, 94
or place of public amusement for reimbursement of that cost or 95
expense of remediation. 96



       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, without privilege to do 150
so and that both of the following apply:151

       (1) The person knowingly entered or remained on that land, 152
parcel, or place of public amusement for the sole purpose to 153
remediate that land, parcel, or place of public amusement.154

       (2) Before entering upon that land, parcel, or place of 155
public amusement, the person knew, or after duly investigating the 156
matter had reasonable cause to believe, that the land was 157
abandoned land or abandoned land that was unoccupied, that the 158
parcel was a blighted parcel, or that the place of public 159
amusement was a place of public amusement that was abandoned land, 160
abandoned land that was unoccupied, or a blighted parcel.161

       (G) Division (F) of this section does not apply with respect 162
to any land or parcel that is owned by a railroad.163

       (H) As used in this section:164

       (1) "All-purpose vehicle," "off-highway motorcycle," and 165
"snowmobile" have the same meanings as in section 4519.01 of the 166
Revised Code.167

       (2) "Land or premises" includes any land, building, 168
structure, or place belonging to, controlled by, or in custody of 169
another, and any separate enclosure or room, or portion thereof.170

       (3) "Abandoned land" and "unoccupied" have the same meanings 171
as in section 323.65 of the Revised Code.172

       (4) "Remediate" means to improve the landscaping, clean up 173
litter, or repair dilapidated conditions on abandoned land, 174
abandoned land that is unoccupied, a blighted parcel, or a place 175
of public amusement that is abandoned land, abandoned land that is 176
unoccupied, or a blighted parcel or to board up windows and doors 177
on any building or structure that is located on the abandoned 178
land, abandoned land that is unoccupied, blighted parcel, or place 179
of public amusement. Remediate does not include any of the 180
following:181

       (a) Any cosmetic improvement, including painting of any kind, 182
to any building or structure that is located on abandoned land, 183
abandoned land that is unoccupied, a blighted parcel, or a place 184
of public amusement that is abandoned land, abandoned land that is 185
unoccupied, or a blighted parcel;186

       (b) Any act or conduct that results in any additional damage 187
to abandoned land, abandoned land that is unoccupied, a blighted 188
parcel, or a place of public amusement that is abandoned land, 189
abandoned land that is unoccupied, or a blighted parcel or to any 190
building or structure that is located on any such land, parcel, or 191
place.192

       (5) "Place of public amusement" has the same meaning as in 193
section 2911.23 of the Revised Code.194

       (6) "Railroad" has the same meaning as in section 4907.02 of 195
the Revised Code.196

       (7) "Blighted parcel" has the same meaning as in section 1.08 197
of the Revised Code.198

       Section 2.  That existing section 2911.21 of the Revised Code 199
is hereby repealed.200