Subdivision 1. Right to repair. If the right to overflow the property of another by means of a dam is acquired by condemnation or contract and afterwards the waters of the stream are diverted because the banks of the property overflowed break away, the owner of the dam may enter the property of the person where the right to overflow is acquired and repair the banks to restore the previous flow of the stream.
Subd. 2. Damages of entry and repair. The damages caused by entry and repair under subdivision 1 must be paid by the owner of the dam.
History:1990 c 391 art 7 s 57