SF 1736

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:03am

A bill for an act
relating to partition fences; providing that a landowner or occupant who does not
need a partition fence cannot be required to share in construction or maintenance
costs; repealing a statute that applies this standard only in St. Louis County;
amending Minnesota Statutes 2016, section 344.03, subdivision 1, by adding a
subdivision; repealing Minnesota Statutes 2016, section 383C.809.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 344.03, subdivision 1, is amended to read:

Subdivision 1.

Adjoining owners.

new text begin Except as provided in subdivision 3, new text end if all or a part
of adjoining Minnesota land is improved and used, and one or both of the owners of the
land desires the land to be partly or totally fenced, the deleted text begin land owners deleted text end new text begin landowners new text end or occupants
shall build and maintain a partition fence between their lands in equal shares. The requirement
in this deleted text begin section deleted text end new text begin subdivision new text end and the procedures in this chapter apply to the Department of
Natural Resources when it owns land adjoining privately owned land subject to this section
and chapter and the landowner desires the land permanently fenced for the purpose of
restraining livestock.

Sec. 2.

Minnesota Statutes 2016, section 344.03, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Owner or occupant not required to pay for fence; re-evaluation authorized.
new text end

new text begin (a) When a landowner or occupant has no need for a fence, that owner or occupant shall
not be required to build or maintain, or to pay for the building or maintenance of, a partition
fence under this chapter. For purposes of this subdivision, a landowner or occupant with
no need for a fence includes, but is not limited to, one whose neighbor builds, maintains,
or intends to build or maintain a partition fence to restrain livestock to the neighbor's property.
new text end

new text begin (b) If adjoining landowners or occupants disagree about the need for a fence, it is a
controversy to be decided by a fence viewer under section 344.06.
new text end

new text begin (c) If a landowner or occupant is not required to build or maintain, or pay for the building
or maintenance of, a partition fence under paragraph (a), but that owner's or occupant's
circumstances change to include the need for a partition fence within seven years after the
partition fence is constructed, either adjoining owner or occupant may request that a fence
viewer perform a re-evaluation and reassignment of the cost of construction and maintenance
under section 344.06.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 383C.809, new text end new text begin is repealed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2017, and applies to partition fences built on or after that
date.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2585

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.