Minnesota Statutes
Minn. Stat. § 548.05 (2026)
Treble Damages For Trespass
✓ current as of May 2026
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Whoever shall carry away, use or destroy any wood, timber, lumber, hay, grass, or other personal property of another person, without lawful authority, shall be liable to the owner thereof for treble the amount of damages assessed therefor in an action to recover such damages. If upon trial, the defendant proves having probable cause to believe that such property was the defendant's own, or was owned by the person for whom the defendant acted, judgment shall be given for the actual damages only, and for costs.
Notes of Decisions
Cited in 10
cases, 1980–2017 · leading case: Am. Comput. Trust Leasing v. Jack Farrell Implement Co., 763 F. Supp. 1473 (D. Minnesota 1991).
Am. Comput. Trust Leasing v. Jack Farrell Implement Co., 763 F. Supp. 1473 (D. Minnesota 1991). “28 In Count VIII, Farrell seeks damages pursuant to Minn.Stat. § 548.05 for trespass, claiming trespass occurred when ADP wrongfully entered Farrell’s computer system and also appropriated and destroyed Farrell’s accounting and inventory records.”
Poppler v. Wright Hennepin Coop. Elec. Ass'n, 834 N.W.2d 527 (Minn. Ct. App. 2013). “Minn.Stat. § 548.05 (2012). The Popplers contend that the phrase “other personal property” in this statute includes dairy cows.”
Johnson v. Jensen, 433 N.W.2d 472 (Minn. Ct. App. 1989). “For the sake of argument, and because the amount of damages was significantly increased by the court’s instructions, we consider the issue important enough to be addressed even though respondents correctly point out that it was not timely raised.”
Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243 (Nev. 2008). “330 (West 2008) (doubling damages for trespass to personalty); Minn. Stat. Ann. § 548.05 (West 2000) (trebling damages for trespass to personal property grown upon land).”
Bergh & Misson Farms, Inc. v. Great Lakes Transmission Co., 565 N.W.2d 23 (Minn. 1997). “At trial, B & M sought treble damages for trespass pursuant to Minn.Stat. § 548.05 (1996). B & M also sought to introduce evidence that the route selected by Great Lakes to access a pipeline easement through the field, held by Great Lakes, was unreasonable.”
Copeland v. Hubbard Broad., Inc., 526 N.W.2d 402 (Minn. Ct. App. 1995). “The holding in Brooks-Scanlon has not been confined to actions under the treble damages statute (Minn.Stat. § 548.05) but has been generally cited for the proposition that wrongful conduct following an authorized entry on land can result in trespass.”
Phillips v. Dolphin, 776 N.W.2d 755 (Minn. Ct. App. 2009). “s of law, including that (1) the Johnson survey identified the correct location of the boundary line; (2) appellants trespassed onto respondents’ property and deliberately destroyed the survey stakes; (3) respondents’ fence was entirely on their side of the boundary line; and…”
Mondt v. Sexter Realty Co., 293 N.W.2d 376 (Minn. 1980). “The trial court held defendants liable for a total of $4,190, of which $3,600 were treble damages under Minn.Stat. § 548.05 (1978), for the conversion of plaintiffs’ furniture, toys, clothing, and other *377 household items.”
City of Lake Elmo v. 3M Co., 237 F. Supp. 3d 877 (D. Minnesota 2017). “statutory nuisance, treble damages under Minn. Stat. § 548.05 , common law trespass, strict liability for abnormally dangerous activities, negligent failure to warn of an ultrahazardous condition, statutory well contamination under Minn.”
M.M. Silta, Inc. v. Cleveland-Cliffs, Inc., 544 F. Supp. 2d 828 (D. Minnesota 2008). “Count VII of the Amended Complaint, titled Conversion/ Minn. Stat. § 548.05 , discusses the alleged conversion of pellets, not breakers.”
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