1997 Minnesota Statutes

     117.21 Easement to include snow fences.  

    When the right to establish a public road is acquired by 
 the state, or by any of its agencies or political subdivisions, 
 there shall be included in the easement so acquired the power to 
 erect and maintain temporary snow fences as required upon lands 
 adjoining the highway part of which lands have been taken for 
 road purposes.  The right to erect and maintain such fences 
 shall be considered in awarding damages, and any award shall be 
 conclusively presumed to include the damages, if any, caused by 
 the right to erect and maintain such fences; provided, that, if 
 the state, or agency or political subdivision thereof, shall 
 file with its petition, or at any time before the question of 
 damages is submitted to a jury, a written disclaimer of its 
 desire and intention to acquire a right to erect and maintain 
 snow fences as to any particular tract of land involved, then no 
 such right shall be acquired in such proceeding and no 
 consideration given to such fences as an element of damage.  

    HIST: (6557-4) 1929 c 396 s 1