(1) As used in this section: (a) "Qualified adjoining landowner" means a private landowner whose land adjoins the land of a qualified landowner and is used for grazing livestock or as habitat for big game wildlife and: (i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502. (b) "Qualified landowner" means a private landowner whose land is used for grazing livestock and: (i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(a) "Qualified adjoining landowner" means a private landowner whose land adjoins the land of a qualified landowner and is used for grazing livestock or as habitat for big game wildlife and: (i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(b) "Qualified landowner" means a private landowner whose land is used for grazing livestock and: (i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(2) A qualified landowner may require the qualified adjoining landowner to pay for one-half of the cost of the fence if: (a) the fence is or becomes a partition fence separating the qualified landowner's land from that belonging to the qualified adjoining landowner; (b) the cost is reasonable for that type of fence; (c) that type of fence is commonly found in that particular area; and (d) the construction of the fence is no more expensive than the cost for posts, wire, and connectors.
(a) the fence is or becomes a partition fence separating the qualified landowner's land from that belonging to the qualified adjoining landowner;
(b) the cost is reasonable for that type of fence;
(c) that type of fence is commonly found in that particular area; and
(d) the construction of the fence is no more expensive than the cost for posts, wire, and connectors.
(3) If the qualified adjoining landowner refuses, the qualified landowner may maintain a civil action against the qualified adjoining landowner for one-half of the cost of that portion of the fence.
(4) The cost of the maintenance of the fence shall also be apportioned between each party based on the amount of land enclosed. A party who fails to maintain that party's part of the fence is also liable in a civil action for any damage sustained by the other party as a result of the failure to maintain the fence.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.