2005 Minnesota Statutes - 88.43 — Firebreaks; clearing lands.

     88.43 Firebreaks; clearing lands. 


    Subdivision 1.    Distance.  The governing body of any 
 town or city may construct and continuously maintain good and 
 sufficient firebreaks for the protection of life and property 
 within such municipality.  For such purposes any city may 
 completely clear all land and remove all combustible or 
 inflammable materials therefrom within 1,000 feet next beyond 
 and outside of the boundary lines of the city whenever and 
 wherever such improvement will reasonably tend to prevent or 
 abate forest fires.  


    Subd. 2.    Benefits; assessment; lien.  If any clearing 
 or other improvement of land made by any town or city benefits 
 any person, or benefits some and damages others, then the amount 
 of both such benefits and damages shall be ascertained in the 
 same manner as provided by law with respect to damages in 
 condemnation proceedings by right of eminent domain.  All 
 provisions of law relating to the determination of the amount of 
 damages in condemnation proceedings shall apply to the 
 determination of the value of benefits under this section, as 
 far as practicable.  Any benefits so found shall be assessed 
 against, and be a lien upon, the real property so benefited and 
 shall be noted upon the public records and collected upon the 
 same terms and in substantially the same manner as now provided 
 by law for the collection of ditch and drainage assessments 
 pursuant to chapter 103E.  


    HIST: (4031-51, 4031-52) 1925 c 263 s 16,17; 1961 c 560 s 10; 
 1973 c 123 art 5 s 7; 1985 c 172 s 99; 1990 c 391 art 8 s 18