40-39-03. Grades of streets, alleys, and sidewalks - Established - Record - Changing - Liability

40-39-03. Grades of streets, alleys, and sidewalks - Established - Record - Changing - Liability. The governing body, by ordinance, may establish the grade of all streets, alleys, and sidewalks in the municipality as the convenience of its inhabitants may require. A record of the grades, together with a profile thereof, shall be kept in the office of the city engineer, or of the city auditor, if the city has no engineer. If the municipality changes the grade of any street after it has been established, it shall be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements made by them to conform to the grade as first established.