Any landowner who has already erected a lawful fence along the whole distance of the division line between his land and the right-of-way of a railroad may, in the absence of any agreement to the contrary, move one-half (1/2) of the fence, after giving three (3) months’ notice to the railroad of his intention to move one-half (1/2) of the fence. Notice shall be served on the nearest station agent. The landowner shall not, in removing such part of his fence, cause the railroad to erect watergaps or erect fences at points where the grade of the roadbed is of such character as may render fencing unnecessary.
Effective: October 1, 1942

Terms Used In Kentucky Statutes 256.140

  • Lawful fence: means :
    (a) A strong and sound fence, four (4) feet high, so close that cattle cannot creep through, made of rails, or plank, or wire and plank, or iron, or hedge, or stone or brick. See Kentucky Statutes 256.010
  • railroad: means the person who owns a right-of-way and owns or controls a railroad in this state that has been in operation for five (5) years. See Kentucky Statutes 256.010

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1794.

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