383C.809 ST. LOUIS COUNTY; PARTITION FENCE CONTROVERSIES.
Notwithstanding chapter 344, when an owner or occupant of land in St. Louis County
applies to the fence viewers for settlement of a partition fence controversy under chapter 344,
the fence viewers shall not require an owner or occupant who can establish to the fence viewers
that the establishing owner or occupant has no need for a fence to pay any share of the cost of
construction or maintenance of the fence. If an owner or occupant is exempt from payment of
any of the costs of a partition fence because the owner or occupant does not need the fence, but
that owner's or occupant's circumstances change to include the need for a partition fence within
seven years of completion of the partition fence, either owner or occupant may request the fence
viewers to perform a reevaluation and reassignment of shares of the cost of construction and
maintenance in accordance with section
344.06. If the landowners or occupants disagree about
the need for a fence, it is a controversy under that section. A decision by the fence viewers of a
controversy relating to a partition fence may include an assignment of shares of the cost of
construction, repair, or maintenance of a partition fence in accordance with the need and benefit
of each party. Except as provided in this section, all other controversies relating to partition
fences shall conform to chapter 344.
History: 1986 c 444; 1992 c 519 s 1