Sub. H.B. 323

127th General Assembly

(S. Agriculture)

Authorizes an owner who pays for the construction and maintenance of a partition fence without any assistance from adjoining owners to file a claim for reimbursement of a proportionate share, rather than 50% as in the House-passed version, of the total cost of building and maintaining the fence if an adjoining property owner uses the fence to enclose livestock within 30 years of the construction of the fence, and establishes a formula for calculating prorated reimbursements.

States that notwithstanding any other provision of the bill, certain public owners of land generally are responsible for 50% of the total cost of building and maintaining in good repair partition fences between them and the owners of adjoining property.

Requires a board of township trustees to give to an aggrieved owner who intends to file a complaint with the board regarding the neglect of an adjoining property owner a document containing specified information, including a description of the possible financial and maintenance responsibilities that may result from the board's findings.

H0323-127.doc/ar 5/28/2008