| (1) |
As used in this section:
Terms Used In Utah Code 4-26-103- Land: includes :Utah Code 68-3-12.5
- Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
| (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:
| (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:
| (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. |
|
| (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. |
Renumbered and Amended by Chapter 331, 2012 General Session
