First Substitute H.B. 119

Representative David Ure proposes the following substitute bill:

1 FENCING RESPONSIBILITIES WITH
2 GREENBELT OR CONSERVATION EASEMENT
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David Ure
6
7 LONG TITLE
8 General Description:
9 This bill modifies agricultural fencing provisions to require a qualified adjoining
10 landowner to pay 1/2 the cost of constructing and maintaining a fence under certain
11 situations.
12 Highlighted Provisions:
13 This bill:
14 . defines qualified landowner and qualified adjoining landowner as owners of land
15 used for certain purposes that qualifies under Section 59-2-502 as land in
16 agricultural use or land qualifying as conservation easement land for purposes of
17 this section;
18 . requires qualified adjoining landowners to pay 1/2 the cost of a partition fence in
19 certain situations;
20 . requires that fencing costs be reasonable, of the type commonly found in that area,
21 and no more expensive than certain specified materials; and
22 . allows the qualified landowner to bring a civil action against the qualified adjoining
23 landowner for noncompliance.
24 Monies Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 4-26-5.1, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 4-26-5.1 is enacted to read:
34 4-26-5.1. Definitions -- Qualified landowners and qualified adjoining landowners
35 partition fences -- Contribution -- Civil action for damages.
36 (1) As used in this section:
37 (a) "qualified landowner" means a private landowner whose land is used for grazing
38 livestock and:
39 (i) is land which qualifies under the definition of "conservation easement" as defined
40 in Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
41 (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 ;
42 (b) "qualified adjoining landowner" means a private landowner whose land adjoins the
43 land of a qualified landowner and is used for grazing livestock or as habitat for big game
44 wildlife and:
45 (i) is land which qualifies under the definition of "conservation easement" as defined
46 in Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
47 (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 ;
48 (2) A qualified landowner may require the qualified adjoining landowner to pay for 1/2
49 of the cost of the fence if:
50 (a) the fence is or becomes a partition fence separating the qualified landowner's land
51 from that belonging to the qualified adjoining landowner;
52 (b) the cost is reasonable for that type of fence;
53 (c) that type of fence is commonly found in that particular area; and
54 (d) the construction of the fence is no more expensive than the cost for posts, wire, and
55 connectors.
56 (3) If the qualified adjoining landowner refuses, the qualified landowner may maintain

57 a civil action against the qualified adjoining landowner for 1/2 of the cost of that portion of the
58 fence.
59 (4) The cost of the maintenance of the fence shall also be apportioned between each
60 party based upon the amount of land enclosed. A party who fails to maintain his part of the
61 fence is also liable in a civil action for any damage sustained by the other party as a result of
62 the failure to maintain the fence.