Introduced Version
HOUSE BILL No. 1257
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-26.
Synopsis: Partition fences. Provides that a fence that is used by
adjoining property owners as a fence is, unless otherwise agreed upon
by the property owners, considered a partition fence and must be
repaired, maintained, and paid for by the person who builds the fence
or causes the fence to be built. Provides that the existing partition fence
law applies to partition fences built and maintained before May 14,
2013. Repeals provisions of the fence law concerning: (1) required
payment to the owner for an existing fence when previously unenclosed
property becomes enclosed; and (2) application and construction of the
partition fence law.
Effective: May 14, 2013.
Dermody
January 14, 2013, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1257
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 32-26-2-15; (13)IN1257.1.1. -->
SECTION 1. IC 32-26-2-15 IS REPEALED [EFFECTIVE MAY 14,
2013]. Sec. 15. When a fence that is already erected becomes a
partition fence because previously unenclosed property is enclosed, the
person who encloses the previously unenclosed property shall pay to
the owner of the existing fence fifty percent (50%) of the value of the
existing fence, as estimated by the owner of the existing fence.
SOURCE: IC 32-26-2-16; (13)IN1257.1.2. -->
SECTION 2. IC 32-26-2-16 IS REPEALED [EFFECTIVE MAY 14,
2013].
Sec. 16. (a) If a person who encloses previously unenclosed
property refuses to pay the owner of an existing fence under section 15
of this chapter, the owner may file a civil action for recovery of the
amount due under section 15 of this chapter.
(b) This subsection applies if, before a trial under subsection (a):
(1) the person who encloses the previously unenclosed property
offers to the owner of an existing fence; and
(2) the owner of the existing fence refuses to accept;
an amount equal to or larger than the damages awarded at the trial and
the costs accrued up to the date of the offer. The owner of the existing
fence shall pay the costs of the action and receive only the damages
assessed.
SOURCE: IC 32-26-3-1; (13)IN1257.1.3. -->
SECTION 3. IC 32-26-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE MAY 14, 2013]: Sec. 1. (a) Adjoining
property owners who elect to erect, repair, maintain, or pay for fences
separating their lands in a manner other than that set forth under this
article shall do so by written agreement. When the agreement is signed
by the adjoining property owners, the agreement must be recorded in
the office of the recorder in the county or counties in which the
adjoining properties are situated.
(b) Except as provided in subsection (a), a fence that is used by
adjoining property owners as a partition fence is considered a
partition fence and must be repaired, maintained, and paid for by
the person who builds the fence or causes the fence to be built.
SOURCE: IC 32-26-9-0.1; (13)IN1257.1.4. -->
SECTION 4. IC 32-26-9-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE MAY
14, 2013]: Sec. 0.1. This chapter applies only to a fence that:
(1) is used as a partition fence; and
(2) was built and maintained as a partition fence before May
14, 2013.
SOURCE: IC 32-26-9-6; (13)IN1257.1.5. -->
SECTION 5. IC 32-26-9-6 IS REPEALED [EFFECTIVE MAY 14,
2013]. Sec. 6. This chapter shall be liberally construed in favor of the
objects and purposes for which it is enacted and shall apply to all
agricultural land, whether enclosed or unenclosed, cultivated or
uncultivated, wild or wood lot.
SOURCE: ; (13)IN1257.1.6. -->
SECTION 6.
An emergency is declared for this act.