HF 174

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to partition fences; changing payment 
  1.3             requirements for certain landowners who do not need a 
  1.4             fence; amending Minnesota Statutes 2000, section 
  1.5             344.03, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 344.03, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 3.  [UNNECESSARY FENCE.] Notwithstanding subdivision 
  1.10  1, fence viewers shall not require an owner or occupant who can 
  1.11  establish to the fence viewers that the owner or occupant has no 
  1.12  need for a fence to pay any share of the cost of construction or 
  1.13  maintenance of the fence.  If an owner or occupant is exempt 
  1.14  from payment of any of the costs of a partition fence because 
  1.15  the owner or occupant does not need the fence, but that owner's 
  1.16  or occupant's circumstances change to include the need for a 
  1.17  partition fence within seven years of completion of the 
  1.18  partition fence, either owner or occupant may request the fence 
  1.19  viewers to perform a reevaluation and reassignment of shares of 
  1.20  the cost of construction and maintenance in accordance with 
  1.21  section 344.06.  If the landowners or occupants disagree about 
  1.22  the need for a fence, it is a controversy under that section.  A 
  1.23  decision by the fence viewers of a controversy relating to a 
  1.24  partition fence may include an assignment of shares of the cost 
  1.25  of construction, repair, or maintenance of a partition fence in 
  2.1   accordance with the need and benefit of each party.