H.B. No. 0013

Subdivision fences-2.


Sponsored By:     Joint Agriculture, State and Public Lands and Water Resources Interim Committee


AN ACT relating to subdivisions; requiring arrangements for partition fences as specified; and providing for an effective date.


12/1/2008   Bill Number Assigned

1/13/2009   H Received for Introduction

1/13/2009   H Introduced and Referred to H05

1/22/2009   H05 Recommended Amend and Do Pass



Ayes:  Representative(s) Blake, Edmonds, Moniz, Semlek, Teeters and Wallis

Nays:  Representative(s) Carson, Gilmore and Zwonitzer, Dn.

Ayes 6    Nays 3    Excused 0    Absent 0    Conflicts 0


1/22/2009   H Placed on General File



Page 1-line 2           After "specified;" insert "specifying requirements to erect and maintain partition fences; making conforming amendments;".

Page 1-line 7           After "W.S." insert "11-28-106 and".

Page 1-line 8           Delete "is" insert "are".

Page 1-after line 8     Insert:

"11-28-106.  Construction and maintenance of partition fences.

The owner of any lawful fence which is or becomes a partition fence separating the owner's land from that belonging to some other person may require the person to pay for one-half (1/2) of what it would or does actually cost to construct the partition fence. In case of refusal, the owner may maintain a civil action against the person refusing and is entitled to recover one-half (1/2) of what it would or did actually cost to construct that portion of the partition fence used by the person and costs of suit. The joint users of a partition fence shall contribute to the cost of maintenance in proportion to their respective interests and if either refuses to pay his share of the cost of maintenance, the other may recover maintenance costs in the manner provided for recovering the cost of construction.  This section shall not be applicable to fences erected and maintained pursuant to the provisions of W.S. 18-5-306(a)(xii)(A)(II).".

Page 2-line 7           Delete "or his agent".

Page 2-line 10          After "landowners" delete ";" insert "and either:

(I) Has reached agreement with each adjoining landowner regarding whether a partition fence will be erected and, if so, the requirements for construction and maintenance of the fence; or

(II) If an agreement has not been reached with an adjoining landowner, the subdivider will at his sole expense erect a partition fence meeting the requirements of W.S. 11-28-102(c) and subdivision covenants  binding on the subdivider's successors will be recorded and included in each sale requiring the successors to maintain the fence at their sole expense.".

Page 2-lines 12 through 23    Delete entirely. SEMLEK, CHAIRMAN


1/26/2009   H Failed CoW; Indef Postponed



Ayes:  Representative(s) Anderson, R., Brechtel, Hallinan, Moniz, Philp, Semlek and Wallis

Nays:  Representative(s) Bagby, Barbuto, Berger, Blake, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Millin, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe, Shepperson, Simpson, Stubson, Teeters, Thompson, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused:  Representative(s) Jorgensen, Miller and Steward

Ayes 7    Nays 50    Excused 3    Absent 0    Conflicts 0