SF0055 • 2011

Subdivision-perimeter partition fencing.

AN ACT relating to subdivisions; requiring subdivision perimeter partition fences as specified; providing for no liability of livestock owners for damages occurring on subdivided land; and providing for an effective date.

Agriculture Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Agriculture
Last action: 2011-03-02
Official status: enrolled
Effective date: 7/1/2011

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0055H2001

2nd reading • BROWN

Adopted

Plain English: Adopted 2nd reading by BROWN

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0055SS001

Standing Committee • GEIS

Adopted

Plain English: Adopted Standing Committee by GEIS

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2011-03-02 LSO
Assigned Chapter Number
2011-03-02 Governor
Governor Signed SEA0055
2011-02-25 House
H Speaker Signed SEA No. 0055
2011-02-24 Senate
S President Signed SEA No. 0055
2011-02-23 LSO
Assigned Number SEA0055
2011-02-23 Senate
S Did Concur
2011-02-23 Senate
S Received for Concurrence
2011-02-23 House
H Passed 3rd Reading
2011-02-22 House
H Passed 2nd Reading
2011-02-22 House
H Amendments Adopted
2011-02-22 House
Amendment Adopted
2011-02-18 House
H Passed CoW
2011-02-10 House
H Placed on General File
2011-02-10 House
H05 Recommended Do Pass
2011-01-31 House
H Introduced and Referred to H05
2011-01-27 House
H Received for Introduction
2011-01-24 Senate
S Passed 3rd Reading
2011-01-21 Senate
S Passed 2nd Reading
2011-01-20 Senate
S Passed CoW
2011-01-20 Senate
S Amendments Adopted
2011-01-20 Senate
Amendment Adopted
2011-01-19 Senate
S Placed on General File
2011-01-19 Senate
S05 Recommended Amend and Do Pass
2011-01-11 Senate
S Introduced and Referred to S05
2011-01-11 Senate
S Received for Introduction
2011-01-04 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0055
Drafter:

MRW

LSO No.:
11LSO-0012
Effective Date:

7/1/2011

Enrolled Act No.:
SEA0055

Chapter No.:
102

Prime Sponsor:
Joint Agriculture, State and Public Lands and Water Resources Interim Committee

Catch Title:
Subdivision-perimeter
partition fencing.

Subject:
Requires
perimeter partition fence for subdivisions that are adjacent to areas where livestock
are legally run at-large".

Summary/Major Elements:

●

Requires construction of a
perimeter partition for any subdivision that is adjacent to any land where
livestock are legally run at-large.

●

Provides that the cost of the
partition fence may be shared by the two (2) landowners equally and in the
event a land owner refuses to pay half of the cost for construction of the
fence, a civil action can be maintained to recover the amount due.

●

Provides the adjacent
landowner is not liable for any damages caused by, or arising from, the
livestock pastured on the adjoining land that may wander onto the subdivided
land.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0055

ENROLLED ACT NO. 55, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
subdivisions; requiring
subdivision
perimeter
partition fences as specified;
providing for no liability of livestock owners for damages occurring on subdivided land;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 11
‑
28
‑
106
is
amended to read:

11
‑
28
‑
106.

Construction and maintenance of partition fences.

(a)

Except
as otherwise provided
, t
he 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.

(b)

For subdivisions as defined in W.S.

18
‑
5
‑
302(a)(vii), the
subdivider
shall be responsible for
the construction of

a perimeter partition fence on any part of the subdivision adjacent to lands upon which livestock can be legally run at large
.

The costs of the perimeter
partition
fence shall be paid for by the parties in accordance with subsection (a) of this section.
T
he adjoining landowner shall not be liable for any damages caused by, or arising from, livestock pastured on the adjoining land that may wander onto the subdivided land.

Section 2.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk