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SECOND REGULAR SESSION
SENATE BILL NO. 1516
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
6216S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 272, RSMo, by adding thereto two new sections relating to fences and
enclosures.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 272, RSMo, is amended by adding thereto 1
two new sections, to be known as sections 272.138 and 272.380, 2
to read as follows:3
272.138. When an owner of real estate desires to 1
construct, maintain, or repair a division fence to enclose a 2
field or enclosure where animals are kept as provided under 3
section 272.010, such owner, or a contractor hired by such 4
owner, may enter on the adjoining property up to a distance 5
of ten feet for the length of such division fence to 6
construct, maintain, or repair such division fence. The 7
owner or contractor constructing, maintaining, or repairing 8
such division fence is not guilty of trespass for entering 9
onto the adjoining property during the construction, 10
maintenance, or repair of such division fence, provided that 11
the owner or contractor does not enter onto the adjoining 12
property beyond the ten feet specified in this section. 13
However, such owner or contractor shall be liable for all 14
damages, if any, caused by entry onto the adjoining 15
property, including damages to crops. Notwithstanding any 16
provision of law to the contrary, the owner or contractor 17
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that constructs, maintains, or repairs such division fence 18
under this section shall not be liable for damages for 19
clearing or removing any tree, brush, or vegetation that 20
lies directly upon the property boundary line where such 21
division fence is constructed, maintained, or repaired, so 22
that such division fence may be constructed, maintained, or 23
repaired upon such property boundary line. The provisions 24
of this section shall not apply when the adjoining property 25
is owned or operated by any utility company, railroad, or a 26
zoological park, wildlife conservation facility, or animal 27
sanctuary accredited by the Association of Zoos and 28
Aquariums or a similarly recognized accrediting body. 29
Nothing in this section shall be construed to allow an owner 30
or contractor to enter into a building on the adjoining 31
property. 32
272.380. When an owner of real estate desires to 1
construct, maintain, or repair a division fence to enclose a 2
field or enclosure where animals are kept or placed as 3
provided under section 272.220, such owner, or a contractor 4
hired by such owner, may enter on the adjoining property up 5
to a distance of ten feet for the length of such division 6
fence to construct, maintain, or repair such division 7
fence. The owner or contractor constructing, maintaining, 8
or repairing such division fence is not guilty of trespass 9
for entering onto the adjoining property during the 10
construction, maintenance, or repair of such division fence, 11
provided that the owner or contractor does not enter onto 12
the adjoining property beyond the ten feet specified in this 13
section. However, such owner or contractor shall be liable 14
for all damages, if any, caused by entry onto the adjoining 15
property, including damages to crops. Notwithstanding any 16
provision of law to the contrary, the owner or contractor 17
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that constructs, maintains, or repairs such division fence 18
under this section shall not be liable for damages for 19
clearing or removing any tree, brush, or vegetation that 20
lies directly upon the property boundary line where such 21
division fence is constructed, maintained, or repaired, so 22
that such division fence may be constructed, maintained, or 23
repaired upon such property boundary line. The provisions 24
of this section shall not apply when the adjoining property 25
is owned or operated by any utility company, railroad, or a 26
zoological park, wildlife conservation facility, or animal 27
sanctuary accredited by the Association of Zoos and 28
Aquariums or a similarly recognized accrediting body. 29
Nothing in this section shall be construed to allow an owner 30
or contractor to enter into a building on the adjoining 31
property. 32
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