HB 324 -- FENCE LAW

CO-SPONSORS:  Gratz, Ransdall, Townley

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture by a vote of 21 to 0.

This bill revises Chapter 272, Fences and Enclosures.

The bill requires property owners wishing to repair or build a
lawful fence to give written notice to the adjoining landowner.
The landowners are required to meet within 30 days of notice to
construct or repair their portion of the fence, each portion of
equal value and to the right of each owner as they face the
fence at the midpoint from their respective properties.  If the
landowners cannot agree, either may apply to an associate
circuit judge who will summon 3 disinterested residents of the
county to appear on the premises and recommend to the judge the
portion of the fence each landowner is required to repair or
construct.  The associate circuit judge will issue an order
allocating the apportioned costs between the parties and
designating the portion of fence each will construct.

If emergency repair or maintenance of a lawful division fence
becomes necessary, either landowner may make such repairs or
perform such maintenance in a cost effective and reasonable
manner.  If the adjoining landowner refuses to pay his portion
of such repair, either party may apply to the associate circuit
court judge, who will follow the same procedures outlined for
general maintenance or construction.

All agreements or rulings of the associate circuit judge will be
recorded in the office of the recorder of deeds and bind the
makers, their heirs, and assigns.

Existing agreements not consistent with an equal linear division
in the right-hand procedure must be in writing, recorded by the
recorder of deeds, and bind the makers, their heirs, and assigns.

If either party fails to construct or repair his portion of the
fence within a reasonable period of time, not to exceed 120 days
from the date of notice, the other may petition to build or
repair the fence as directed by the court.  Upon court
authorization of such action, the petitioner will be given a
judgment for that portion of the total costs of the lawful fence
chargeable to the other, court costs, and reasonable legal fees.
Such judgment is a lien on the real estate of the other and has
priority over any other lien except as provided by law.

Other revisions include:

(1)  A lawful fence must be at least 4 feet high and composed of
at least 4 strands of barbed wire with posts not to exceed 12
feet apart or not to exceed 16 feet apart with a "stay" or any
fence at least equivalent to these specifications;

(2)  A person may build his or his neighbor's portion of a fence
in excess of lawful fence requirements;

(3)  Adjoining land owners may agree that the existing fence is
adequate or that no fence is needed between their property;

(4)  Livestock trespass upon the premises of another will be
heard by an associate circuit judge.  If damages and
compensation cannot be agreed upon, either party may institute
an action as in other civil cases; however, if the amount in the
dispute is within the jurisdiction of small claims court, the
action may be instituted in small claims court;

(5)  Persons are to keep their portion of a division fence in
good repair and may enter upon the land lying adjacent to theirs
for the purpose of repair and maintenance of the fence;

(6)  No division fence is to be removed without the consent of
all property owners thereof, except for the purpose of opening a
new road or highway or for making repairs; and

(7)  A manufactured fence, if it is in excess of the
requirements of a lawful fence and installed in accordance with
manufacturers specifications, or a two-strand electrified fence
may be installed in lieu of a lawful fence.  However, if
adjoining landowners cannot agree between themselves on whether
to build a lawful fence, a two-strand electrified fence, or a
manufactured fence, a lawful fence is to be built.

The provisions of this bill do not apply to lands which are
participating in the forest stewardship program and the forest
crop land program, both of which are administered by the
Department of Conservation.  Certified tree farmers in the
American Tree Farm System as managed by the American Forest
Foundation are also exempted from the provisions of this bill.
If a person loses the exemption and the adjoining landowner has
constructed a division fence within 5 years of his losing the
exemption, the person is liable for one-half the cost of the
division fence.  If the division fence was constructed more than
5 years prior to losing the exempted status, the person is to
assume his responsibilities for maintenance and repair of the
division fence.

The provisions of this bill do not preempt any county or
municipal ordinance.

The bill has an effective date of January 1, 2000.

FISCAL NOTE:  Estimated Net Cost to State Park Funds of $0 to
$1,473,120 in FY 2001, and $0 to $112,860 in FY 2002.  Estimated
Net Cost to Conservation Commission Fund of $0 in FY 2000, $0 to
Unknown in FY 2001, and $0 to Unknown in FY 2002.

PROPONENTS:  Supporters say that the bill places the entire
state under one fence law and provides legal remedies for
fencing disputes.

Testifying for the bill were Representatives Gratz, Ransdall,
and  Townley; Missouri Cattlemens Association; Missouri Farm
Bureau; and Missouri Conservation Federation.

OPPONENTS:  Those who oppose the bill say that the forestry
exemption does not cover certain types of forestry operations.

Testifying against the bill was Missouri Forest Products
Association.

Roland Tackett, Legislative Analyst

HB 324 -- Fence Law

Co-Sponsors:  Gratz, Ransdall, Townley

This bill revises Chapter 272, Fences and Enclosures.

The bill requires property owners wishing to repair or build a
lawful fence to give written notice to the adjoining landowner.
The landowners are required to meet within 30 days of notice to
construct or repair their portion of the fence, each portion of
equal value and to the right of each owner as they face the
fence at the midpoint from their respective properties.  If the
landowners cannot agree, either may apply to an associate
circuit judge who will summon 3 disinterested residents of the
county to appear on the premises and recommend to the judge the
portion of the fence each landowner is required to repair or
construct.  The associate circuit judge will issue an order
allocating the apportioned costs between the parties and
designating the portion of fence each will construct.

If emergency repair or maintenance of a lawful division fence
becomes necessary, either landowner may make such repairs or
perform such maintenance in a cost effective and reasonable
manner.  If the adjoining landowner refuses to pay his portion
of such repair, either party may apply to the associate circuit
court judge, who will follow the same procedures outlined for
general maintenance or construction.

All agreements or rulings of the associate circuit judge will be
recorded in the office of the recorder of deeds and bind the
makers, their heirs, and assigns.

Existing agreements not consistent with an equal linear division
in the right-hand procedure must be in writing, recorded by the
recorder of deeds, and bind the makers, their heirs, and assigns.

If either party fails to construct or repair his portion of the
fence within a reasonable period of time, not to exceed 120 days
from the date of notice, the other may petition to build or
repair the fence as directed by the court.  Upon court
authorization of such action, the petitioner will be given a
judgment for that portion of the total costs of the lawful fence
chargeable to the other, court costs, and reasonable legal fees.
Such judgment is a lien on the real estate of the other and has
priority over any other lien except as provided by law.

Other revisions include:

(1)  A lawful fence must be at least 4 feet high and composed of
at least 4 strands of barbed wire with posts not to exceed 12
feet apart or not to exceed 16 feet apart with a "stay" or any
fence at least equivalent to these specifications;

(2)  A person may build his or his neighbor's portion of a fence
in excess of lawful fence requirements;

(3)  Adjoining land owners may agree that the existing fence is
adequate or that no fence is needed between their property;

(4)  Livestock trespass upon the premises of another will be
heard by an associate circuit judge.  If damages and
compensation cannot be agreed upon, either party may institute
an action as in other civil cases; however, if the amount in the
dispute is within the jurisdiction of small claims court, the
action may be instituted in small claims court;

(5)  Persons are to keep their portion of a division fence in
good repair and may enter upon the land lying adjacent to theirs
for the purpose of repair and maintenance of the fence;

(6)  No division fence is to be removed without the consent of
all property owners thereof, except for the purpose of opening a
new road or highway or for making repairs; and

(7)  A manufactured fence, if it is in excess of the
requirements of a lawful fence and installed in accordance with
manufacturers specifications, or a two-strand electrified fence
may be installed in lieu of a lawful fence.  However, if
adjoining landowners cannot agree between themselves on whether
to build a lawful fence, a two-strand electrified fence, or a
manufactured fence, a lawful fence is to be built.

The provisions of this bill do not apply to lands which are
participating in the forest stewardship program and the forest
crop land program, both of which are administered by the
Department of Conservation.  Certified tree farmers in the
American Tree Farm System as managed by the American Forest
Foundation are also exempted from the provisions of this bill.
If a person loses the exemption and the adjoining landowner has
constructed a division fence within 5 years of his losing the
exemption, the person is liable for one-half the cost of the
division fence.  If the division fence was constructed more than
5 years prior to losing the exempted status, the person is to
assume his responsibilities for maintenance and repair of the
division fence.

The provisions of this bill do not preempt any county or
municipal ordinance.

The bill has an effective date of January 1, 2000.