(1) improved and used for purposes of agriculture;

(A) definitely described by sections or subdivisions of sections; or

(B) sufficiently described by metes and bounds; and

(3) situated upon or near, and subject to overflow from:

(A) a stream;

(B) a watercourse;

(C) a lake;

(D) a pond; or

(E) a marsh;

may petition the board of commissioners of the county, asking permission to enclose the properties within one (1) general fence that has swinging gates on all public highways crossed by the fence. A petition under this subsection must set forth the kind of fence and gates desired.

     (b) Upon the receipt of a petition under subsection (a), the board of county commissioners shall appoint as viewers three (3) reputable householders of the county who are not related by blood or marriage to any of the parties interested in the subject of the petition. After being sworn to faithfully and fairly perform the services required of them, the viewers shall proceed:

(1) within a reasonable time after the viewers’ appointment; and

(2) after giving publication of the viewers’ intention by posting written or printed notices describing the properties in the townships where the properties are located;

to inspect the properties and make an assessment against the owners of the properties for the cost of the fence.

     (c) The cost of the fence shall be apportioned between the owners of the properties severally according to the number of acres of improved land owned by each owner and the benefits accruing to the owners severally because of the fence.

[Pre-2002 Recodification Citation: 32-10-6-1.]

As added by P.L.2-2002, SEC.11.