I was just watching something where somebody burns down their business (not for fraud) and I got to thinking of other movies and shows where I have seen somebody burn their property down.

So the question is, assuming you OWN say a house and you decide to torch it because you are just that shade of crazy is it legal to do so. This is assuming you are not putting property near you in danger etc.

I guess I’ve seen this enough in fiction that I suddenly started thinking somehow there would have to be some kind of legal ramifications.

Just a random Sunday thought.

It’s my understanding that if you own the home lock, stock, and barrel, you can do whatever you want to it as long as you’re not obliquely violating other laws or ordinances. I’d say it would depend on the location and it’s particular laws.

I imagine you'd be required at the least to have the fire department present and write off all insurance etc beforehand.

quote:

Originally posted by Anubismp:
I imagine you'd be required at the least to have the fire department present and write off all insurance etc beforehand.

At the least. People have set fires to abandoned buildings only to have the fire department show up and put it out. If a firefighter dies during your fire you’re going to jail for a long time.

In my neck of the woods if you're out in a less populated county you can burn buildings so long as you get a permit to do so. Same is true with developers who take down a bunch of trees for development.

quote:

Originally posted by Anubismp:
I imagine you'd be required at the least to have the fire department present and write off all insurance etc beforehand.

I think you could destroy your own building without any issue, say with a bull dozer. I highly doubt that it would comply with local laws and emmissions laws if you burned it down, due to the stuff that would be burned in the fire and chemicals it would put into the atmosphere (EPA etc.)

Yes. A friend in Missouri purchased some land in the country with an old farm house one it. He contacted local law LEO and firefighting groups to make sure it was okay and then burned down the old house.

It's going to vary by jurisdiction.

Here in California, you can't burn any structure if it was done with malicious intent. For instance, burning your house down to annoy you neighbor would likely be arson.*

*I'm not a criminal attorney, and it's been more than a decade since I last studied criminal law.

If you own it fully, insurance is out of the picture (policy closed, etc), and clear it with the local fire department (and all local ordinances) you should be in the clear.

Depending on the type of area you live (particularly rural, or at least spaced out far enough from your neighbors as to not risk damaging their property) you can often coordinate it directly with the local fire department as a training opportunity / controlled burn.

I believe my uncle had the local FD burn down an existing house on a lot of property he wanted to build a new house on. Probably a bit more planning involved (removal of contents / clutter, and likely anything salvageable or easy to sell prior to the big event).

I've also seen local development let the FD practice on a strip of houses they later razed w/ bulldozers - but it gave the FD the chance to practice cutting into the roof for venting / access, as well as window entry, etc.

There was a house on a beachside cliff in California that was condemned because the cliff was eroding and the house was doomed to fall off the cliff. The home owners opted to burn it rather than pay for the environmental clean up of the beach below as the house continued to crumble over the edge. IIRC they called the fire dept and they set the fire and monitored the burn. There's a youtube video about it.

Used to be a tax deductible item, but no longer. You could “donate” the opportunity of a controlled fire to area fire departments for training, and write off the present value of the structure, including cleanup.

That is if you owned the property outright.

Where I live it can be done, i.e., no laws against nor are any requirements for permits or notifications required. Only restriction is if dry weather results in burning ban you can not burn anything. You are responsible for any resulting damage such as burning neighbor's fields or forest. I know as I have burned two such structures and neighbors have burned many others during the last few years. Local fire department does appreciate prior notification so they don't roll on someone panicking and calling them. The adjoining county to mine and a nearby town both have ordinances requiring permits. So I would say the answer to your question would be yes/no depending on where you live.

Find a Lawyer Ask a Lawyer Research the Law Law Schools Laws & Regs Newsletters Legal Marketing Justia US Law US Codes and Statutes Tennessee Code 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 14 - Offenses Against Property Part 3 - ArsonExplosives 39-14-301 - Arson. View the 2018 Tennessee Code | View Previous Versions of the Tennessee Code 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 14 - Offenses Against Property Part 3 - ArsonExplosives 39-14-301 - Arson.

39-14-301. Arson.

(a) A person commits an offense who knowingly damages any structure by means of a fire or explosion:

(1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or

(2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.

(b) (1) Arson is a Class C felony.

(2) (A) Arson of a place of worship is a Class B felony.

(B) As used in this subdivision (b)(2), place of worship means any structure that is:

(i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212, based on ownership and use of the structure by a religious institution; and

(ii) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship.

[Acts 1989, ch. 591, § 1; 1991, ch. 19, § 1; 1997, ch. 284, § 1.]

https://law.justia.com/codes/t...14/part-3/39-14-301/

Allowing the local FD to burn it as a training fire is how I have seen it done.
Most FDs jump at the chance for a training fire.

It is getting rare these days but apparently is still going on. When I was growing up it happened every year. I'm sure YopperSigs knows of this tactic.

One night a year October 30 if you own a property home/business etc.. within The City of Detroit you may burn down that property. You may or may not collect insurance and you will not rebuild. As on that very night, the streets of Detroit come alive with fire, homes instantly burst into flames. Some say it is roving gangs of hoodlums, others say it is poorly maintained gas appliances that spontaneously combust. The causes are seldom to never investigated. However, it has proven to be an effective way of reducing urban blight, freeing one's self from unpaid tax debt, eliminating abandoned properties and crack houses.

The tradition has waned over the past decade or two, as the number of vacant buildings has declined.

.....
Oct. 30 was always a night to tune into the 10 O'Clock news to watch the destruction and see the fire count rise. Just thinking of this tradition makes me miss the 1980s. Regan was in office, the Russians were the bad guys, what was right was right and what was wrong was wrong, the word entitlement hadn't been invented yet. This is by no means an endorsement of Devil's Night in Detroit or committing an act of arson.


------
A very good documentary on it.

Short Video on it.
Devil's Night

This message has been edited. Last edited by: SOTAR,

In Maine you must receive a burn permit for all fires (including a "campfire", although that one is a blanket permit good for the whole year).

When applying for the permit to burn a structure, the local fire department will determine if it is a good candidate for training, and if so, will ask about using it.
If not a good training situation, you will need to show services disconnected, no insurance claim, and containment plan.

Burning without a permit will get the fire department all riled up, and if not charged with arson you will at least be charged for burning without a permit.

Not in Florida, burn your own car, your house, your shed-it's arson. Reasoning is that arson is dangerous to other property and to other people, such as other occupants, neighbors or first responders.

Bob

quote:

Originally posted by YooperSigs:
Allowing the local FD to burn it as a training fire is how I have seen it done.
Most FDs jump at the chance for a training fire.

This is what I did in rural Iowa. Volunteer FD was glad for the training opportunity and I gave them a donation to help out with their expenses.

According to a leo you can be charged for destruction of property for destroying you own property if they choose.

Appreciate the input. It was just one of those "I wonder what...." moments I had watching something.

Thanks all,
Chris