SF0138 - Partition fences.

 

2001

State of Wyoming

01LSO-0313

 

 

 

SENATE FILE NO.  SF0138

 

 

Partition fences.

 

Sponsored by:

 

 

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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