language to be deleted (2) new language
Laws of Minnesota 1992 CHAPTER 519-H.F.No. 2115 An act relating to St. Louis county; providing for partition fence disputes to include certain findings relating to the benefit and need of the parties; providing for the apportionment of the costs of the partition fence. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [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 he or she 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. Sec. 2. [LOCAL APPROVAL.] This act is effective the day after the St. Louis county board complies with Minnesota Statutes, section 645.021, subdivision 3. Presented to the governor April 17, 1992 Signed by the governor April 27, 1992, 1:48 p.m.