HF 1158

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; partition fences; 
  1.3             providing that a person who can establish a lack of 
  1.4             need for a fence is exempt from sharing in the costs 
  1.5             of building and maintaining the fence; amending 
  1.6             Minnesota Statutes 1998, section 344.03. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 344.03, is 
  1.9   amended to read: 
  1.10     344.03 [EXPENSE; EQUAL SHARES; EXEMPTION.] 
  1.11     Subdivision 1.  [ADJOINING OWNERS.] Except as provided in 
  1.12  subdivision 3, if all or a part of adjoining Minnesota land is 
  1.13  improved and used, and one or both of the owners of the land 
  1.14  desires the land to be partly or totally fenced, the land owners 
  1.15  or occupants shall build and maintain a partition fence between 
  1.16  their lands in equal shares.  The requirement in this section 
  1.17  and the procedures in this chapter apply to the department of 
  1.18  natural resources when it owns land adjoining privately owned 
  1.19  land subject to this section and chapter and the landowner 
  1.20  desires the land permanently fenced for the purpose of 
  1.21  restraining livestock. 
  1.22     Subd. 3.  [EXEMPTION.] A land owner or occupant who can 
  1.23  establish to the fence viewers that the owner or occupant has no 
  1.24  need for a fence is not required to pay any share of the cost of 
  1.25  construction or maintenance of the fence.  If an owner or 
  1.26  occupant is exempt under this subdivision and the owner's or 
  2.1   occupant's circumstances change to include the need for a 
  2.2   partition fence within seven years of completion of the 
  2.3   partition fence, the owner or occupant of the adjoining land may 
  2.4   request the fence viewers to perform a reevaluation and 
  2.5   reassignment of shares of the cost of construction and 
  2.6   maintenance in accordance with section 344.06.  If the owners or 
  2.7   occupants disagree about the need for a fence, it is a 
  2.8   controversy under that section.  A decision by the fence viewers 
  2.9   of a controversy relating to a partition fence may include an 
  2.10  assignment of shares of the cost of construction, repair, or 
  2.11  maintenance of a partition fence in accordance with the need and 
  2.12  benefit of each party.