SCS/HB 219 - This act modifies fencing requirements. A lawful fence will consist of post and wire or boards at least 4 feet high. If a party claims damage a court will appoint 3 disinterested persons to inspect the fence and the costs would be taxed as costs in the court case. If a landowner desires to construct or repair a fence the owner must give written notice of the intention to adjoining landowners. The landowners will meet and each construct or repair one half of the common property line. If they cannot agree, they may make application to an associate circuit judge who will appoint three disinterested persons. Any existing agreements not consistent with this procedure must be in writing, signed and recorded. If a landowner fails or refuses to build or repair the landowner's portion of the fence the other landowner may perform the work and apply to the court for reimbursement plus court costs and attorney's fees. Any judgment would then be a lien on the property.

If either landowner does not need a fence the landowner needing the fence may build the entire fence. The landowner would then apply to the associate circuit judge who would authorize the cost to be recorded on each deed. Thereafter if the landowner who claims he or she did not need the fence places livestock on the property the landowner who built the fence would then be entitled to be reimbursed for one half of the cost. Nothing will prevent adjoining landowners from agreeing that no fence is needed. Nothing will prevent either of the adjoining landowners from building a fence in excess of the lawful fence requirements.

The provisions for local option remain in current law. These provisions are contained in CCS/HCS/SB 462.
CINDY KADLEC