SF0138 - Partition fences.
2001 |
State of Wyoming |
01LSO-0313 |
SENATE FILE NO. SF0138
Partition fences.
Sponsored by: Senator(s) Miller, C.
A BILL
for
1 AN ACT relating to
fences; imposing requirements for
2
recovery of costs of construction or improvement of
3 partition
fences from adjoining landowner; and providing
4 for
an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 11-28-106 is amended to read:
9
10 11-28-106. Construction and maintenance
of partition
11 fences.
12
13 (a) The owner
of any lawful fence which is or becomes
14 a partition fence separating the owner's
land from that
15 belonging to some other person may require
the person to
16 pay for one-half (1/2) of what it would or
does actually
17 cost to construct the partition fence. In
case of refusal,
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1 the
owner may maintain a civil action against the person
2
refusing and is entitled to recover one-half (1/2) of what
3 it
would or did actually cost to construct that portion of
4 the
partition fence used by the person and costs of suit.
5 The
joint users of a partition fence shall contribute to
6 the
cost of maintenance in proportion to their respective
7
interests and if either refuses to pay his share of the
8
cost of maintenance, the other may recover maintenance
9
costs in the manner provided for recovering the cost of
10 construction. No cost of construction or maintenance
cost
11 shall be
recovered under this section unless the person
12 seeking recovery
establishes:
13
14 (i) The person from whom recovery is sought was
15 notified
of the intent to construct or maintain the
16 partition
fence; and
17
18 (ii) The person from whom recovery is sought
19 refuses
to pay his share of the construction or
20 maintenance.
21
22 Section 2. This act is effective July 1, 2001.
23
24 (END)
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