Minnesota Session Laws - 1992, Regular Session

  

                         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.