Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
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 power 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.
History: (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; 2006 c 214 s 20
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 power 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.
History: (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; 2006 c 214 s 20
Official Publication of the State of Minnesota
Revisor of Statutes