2004 Minnesota Statutes

     299F.11 Structure repaired or demolished. 

    Subdivision 1.    Authority.  The state fire marshal is 
 hereby authorized to petition the district court of any county 
 for an order of condemnation directing the destruction, repair, 
 or alteration of any building or structure located on land owned 
 by, or on land held in trust by, the state which is especially 
 liable to fire and dangerous to life and limb within the purview 
 of the provisions of section 299F.10.  In case the petition is 
 for an order requiring repairs, the person authorized by law to 
 make the repairs and upon whom the order is served, shall make 
 these repairs as thereby directed and the order may direct that 
 the building or structure be closed and not further used or 
 occupied until the repairs are made.  Upon the filing of the 
 petition with the district court wherein any such building or 
 structure is located, the court shall make a temporary order 
 directing the state fire marshal to serve a copy of the petition 
 and a copy of the temporary order upon the commissioner of 
 revenue and the county board of the county wherein the lands are 
 situated; and, if the lands are situated in a city of the first 
 class, then upon the assessor of this city of the first class, 
 within such time as may be fixed by the court in its order. If, 
 within 20 days, no objections are filed to the petition by the 
 parties so served, the court may require the state fire marshal 
 to present sufficient proof to sustain the allegations set forth 
 in the petition, and thereupon the court may or may not, as the 
 case may require, make an order of condemnation and direct the 
 state fire marshal to proceed with the destruction of the 
 building or structure; but if objections are filed and a copy of 
 the objections have been duly served upon the state fire marshal 
 within 20 days of the service of the copy of the temporary order 
 and copy of the petition hereinbefore referred to, the court 
 upon application by the state fire marshal shall make its order 
 fixing the time and place for hearing of the matter, which place 
 may be at any convenient point, at any general or special term, 
 or out of the term, or in chambers, within the judicial district 
 where the lands are situated, and which time shall be within ten 
 days from the date of the filing of the objections or as soon 
 thereafter as may be.  If upon the hearing the petition shall be 
 sustained, the court shall issue an order of condemnation and 
 fix the time within which the building or structure shall be 
 destroyed, repaired, or altered in compliance with the order and 
 that upon failure of the proper person or persons to comply with 
 the order the state fire marshal shall proceed with the 
 destruction thereof.  If upon the hearing the petition of the 
 state fire marshal is not sustained, the court shall deny the 
 petition.  

    Subd. 2.    Auction for salvage material.  In all cases 
 where the order of the court has not been complied with and the 
 state fire marshal is authorized to proceed with the demolition 
 of any building or structure, the state fire marshal shall sell 
 and dispose of the salvage materials therefrom at public auction 
 upon three days' posted notice and all expenses incurred by the 
 state fire marshal shall be paid out of the moneys received from 
 the auction of salvage material.  Should any surplus remain of 
 the amount received for salvage material, after deducting the 
 expenses incurred by the state fire marshal, this surplus shall 
 be paid to the treasurer of the county where the property was 
 situated to be distributed by the treasurer as provided by law. 

    HIST: (5961-1) 1939 c 200; 1941 c 123; 1973 c 582 s 3; 1986 c 
 444; 2002 c 379 art 1 s 73