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23LSO-0206
2023
STATE OF WYOMING
23LSO-0206
Numbered
2.0
SENATE FILE NO. SF0073
Lawful fences.
Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee
A BILL
for
AN ACT relating to agriculture, livestock and other animals; amending the penalties for the construction or maintenance of an unlawful wire fence; amending the civil liability standard for damage caused by an unlawful wire fence from animals to livestock; limiting the shared costs of a partition fence between a subdivider and an adjoining landowner; amending the liability of a subdivider for livestock that enters onto subdivided land; making a conforming amendment; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 11
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28
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103(a), 11
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28
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106(b) and 11
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28
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108(a) are amended to read:
11
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28
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103.
Constructing of unlawful wire fence; liability and penalty; reconstruction required; penalty for failure.
(a)
Any person who constructs or maintains any unlawful wire fence contrary to this chapter, is liable in a civil action for all damages to
animals
livestock
that may occur by reason of the unlawful enclosure. The owner of any unlawful wire fence is guilty of a misdemeanor and shall be fined not less than
five dollars ($5.00)
one hundred fifty dollars ($150.00)
nor more than
twenty
‑
five dollars ($25.00)
seven hundred fifty dollars ($750.00)
, and for each subsequent offense the fine shall not be less than
twenty
‑
five dollars ($25.00)
seven hundred fifty dollars ($750.00)
nor more than
one hundred dollars ($100.00)
three thousand dollars ($3,000.00)
.
11
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28
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106.
Construction and maintenance of partition fences.
(b)
For subdivisions as defined in W.S. 18
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5
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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
except an adjoining landowner to a subdivision shall only be required to pay for one
‑
half (1/2) of the actual cost to construct and maintain a lawful fence described in W.S. 11
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28
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102(a) and (b)
.
The subdivider shall pay any additional costs of construction and maintenance of a perimeter partition fence that exceed the requirements of a lawful fence.
The adjoining landowner shall not be liable for any damages caused by, or arising from, livestock pastured on the adjoining land that may
breach the perimeter partition fence or
wander onto the subdivided land.
11
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28
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108.
Liability for breach into lawful enclosure by animal; civil action or arbitration.
(a)
Any person owning or having in his possession or charge any livestock or domesticated buffalo which breaches into any lawful enclosure belonging to someone other than the owner of the animal, is liable to the party sustaining the injury for all damages sustained by reason of such breaching
, except as provided in W.S. 11
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28
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106(b) for liability regarding perimeter partition fences on subdivisions
. Damages may be recovered in a civil action before any court having jurisdiction, or by arbitration, each party to select a property holder and the two (2) arbitrators to select a third. The arbitrators shall be sworn before a judge of a circuit court before entering upon their duties. The arbitrators shall carefully examine the fence and assess the damage done, examine witnesses under oath, one (1) of them to administer the oath to the witnesses, and make a written report signed by at least two (2) of the arbitrators, to the circuit court in the county in which the damage is sustained. The finding of the arbitration, as provided for in this section, shall within three (3) days after rendered, be filed with a judge of a circuit court in the county where the trespass was committed, who shall enter the cost upon his docket and proceed to issue execution therein as in other cases originally commenced before him.
Section 2
.
This act is effective July 1, 2023
.
(END)
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SF0073