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Missouri’s Complex Fence Law… …what has changed this time?

Missouri’s Complex Fence Law… …what has changed this time?. Presented by:. Joe Koenen Agriculture Business Specialist and County Program Director. Program Complaint Information. To file a program complaint you may contact any of the following: University of Missouri

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Missouri’s Complex Fence Law… …what has changed this time?

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  1. Missouri’s Complex Fence Law……what has changed this time? Presented by: Joe Koenen Agriculture Business Specialist and County Program Director

  2. Program Complaint Information To file a program complaint you may contact any of the following: University of Missouri • MU Extension AA/EEO Office, 109 F. Whitten Hall, Columbia, MO 65211 • MU Human Resources Office, 130 Heinkel Bldg, Columbia, MO 65211 USDA • Office of Civil Rights, Director, Room 326-W, Whitten Building, 14th and Independence Ave., SW, Washington, DC 20250-9410

  3. What I’ll Discuss Tonight… • How has SB844 changed the Optional Fence & Enclosure Law and the Updated General law • What these new provisions will (and won’t) do • Try to answer any Questions you may have

  4. Where Missouri is at right now... • Most of the state currently has the updated general law. • 19 counties in the state (mostly in Northern Missouri) have the local option law.

  5. Bates Clinton Daviess Gentry Grundy Harrison Knox Linn Macon Cedar Mercer Newton Putnam Schuyler Scotland Shelby Sullivan Saint Clair Worth Missouri’s Other Fence Law… Local option Law Counties

  6. Where Missouri is at right now... • Chapter 272 is where the fence law statute is located. You can find it on the web too at http://www.moga.mo.gov/mostatutes/chapters/chapText272.html • The revised general law starts at 272.010 while the local option beginsat 272.210

  7. New General Lawonly if a landowner owns livestock can he/she be required to build a boundary fence. Optional Lawif 1 landowner has a “need” for a boundary fence, thenboth landowners are required to contribute 1/2. Comparing the 2 laws...

  8. New General Lawthe definition of livestock can be an issue such as: ~ is 1 horse lvtk? ~ can I run wire 25 feet off property line and not contribute? Optional Law Comparing the 2 laws...

  9. New General Lawif both landowners have livestock, they are to meet and within a “reasonable” time build or repair the boundary fence. Optional LawThe landowner can give notice to the other(s) as to their “need” for a boundary fence, within 90 days the other is expected to “do this” or face legal action. Comparing the 2 laws…(con’t)

  10. New General LawThere is NO specific legal recourse if one landowner refuses to build their portion of the fence. Optional LawA specific legal recourse is in place if 1 landowner refuses to build their portion, how good it is depends in large part to the judge. Comparing the 2 laws…(con’t)

  11. Comparing the 2 laws…(con’t) • New General LawThere is a specific legal remedy for a landowner(s) who puts livestock against a neighbor’s fence later. Howwell it’s working is subject to interpretation (not very well according to most).

  12. New General LawThe definition of a legal fence is now “wire or wood at least 4 foot high with posts no more than 12 feet apart”. Other types of fences must be approved by the judge. Optional Law “A legal fence is 4 barbed wire or the equivalent with posts no farther than 12 feet apart with no stays & 15 feet apart with one stay”. Comparing the 2 laws…(con’t)

  13. New General LawIf more than a legal fence is required (woven wire, etc.) you are still required to pay for ½ of a legal fence. Optional Law same as new law Comparing the 2 laws…(con’t)

  14. New General LawThe part of the fence to build/maintain is the right 1/2 as you face each other at the midpoint of your boundary fence. Optional LawThe part of the fence to build/maintain is traditionallythe right 1/2 as you face each other at the midpoint of your boundary fence. Comparing the 2 laws…(con’t)

  15. New General Law You have the legal right to go onto your neighbor’s property to repair your or his/her portion of the fence. Optional Law You have the implied right to go onto your neighbor’s property to repair your or his/her portion of the fence. Comparing the 2 laws…(con’t)

  16. New General Law You donothave the legal right to remove a fence without your neighbor’s okay. You can remove brush /trees that are obstructing the fence. Optional Law SAME AS NEW LAW Comparing the 2 laws…(con’t)

  17. So What is the Change in this statute? • Effective 10-14, 272.030 and 272.330 has been updated to say “If any horses, cattle or other stock shall break over or through any lawful fence and by so doing obtain access to, or do trespass upon, the premises of another, the owner of such animal shall be liable for any damages sustained if the owner of the trespassing horses, cattle, or other stock was negligent”.

  18. General Lawonly if the livestock owner is negligent and the livestock cause damage can they (livestock owner) be forced to pay for damages. Optional Lawbill passed was to “mirror” that in these counties too but nothing in this portion of the statute addresses this issue, at least in writing. SB844 puts in 272.030 only! Comparing the 2 laws...

  19. So What is this Change Designed to Do?… • It was passed to protect animal owners from frivolous lawsuits where there was no proof of fault. • It also was designed to “cap” damages that could be received to the “actual damages”. • Will it accomplish these things?

  20. So What is Negligence Anyhow?… • (1) Livestock owners who don’t or won’t maintain their fence up to the legal minimum standard (different in local or general law). • (2) Livestock owners whose water gaps get out and remain out for a “unreasonable” period of time. • (3) Livestock owners who starve or neglect their animals. • (4) Animals that get out of the fence multiple times.

  21. Issues this Change Doesn’t Address… • a) DAMAGES ~ law says “owner of such animals shall be liable for any damages sustained”…if negligent. - what level of damages will be allowed? Not completely clear- can a good attorney get actual and punitive damages? Certainly possible

  22. Issues this Change Doesn’t Address… • b) LOCAL OPTION LAW ~ SB 844 replaced 272.030 and 272.230 with section {already discussed} in 272.030. Issues could be: - does it impact the local option too? According to bill but not in statute - how will folks find if looking at local option? Real question if they will

  23. Issues this Change Doesn’t Address… • c) NEGLIGENCE ~ what will be considered negligence and how will it be ruled on in court: - will other items be called “negligence”? Possibly if go to court - will animal owners be better off now? Probably, especially in rural counties

  24. Issues this Change Doesn’t Address… • d) LAW INTERPRETATION ~ will this help with the previous issues of interpretation of the law: - vagueness of the law itselfNot really solved at all - will attorneys & judges interpret the law? Very likely

  25. Issues this Change Does Address… • a) UNNECESSARY LAWSUITS ~ the change does put the proof onto the person filing or wishing to file to prove negligence so: - livestock getting out through “no fault” of the owner Very difficult to sue owner - proof of negligenceOn person(s) suing livestock owner

  26. What a Livestock Owner Should Do… • (1) Maintain your fence to the minimum or higher level of the law (depends on county your land is in). • (2) Repair/fix water gaps as soon as possible. • (3) Make certain livestock are fed and watered properly and stay in your fences.

  27. What a Non-livestock Owner Should Do… • (1) In local option counties, be certain your portion of the fence meets the standards set in the law. • (2) In all of Missouri, don’t file a lawsuit against your neighbor if you can’t prove “negligence”. • (3) Communication between neighbors continues to be the key!

  28. Fences & Adverse Possession… • Many people run into adversepossession issues on a fence line. It is a legal term that essentially says if a fence has been in a location for more than 10 years, a new owner maynot be able to move it if the neighbor refuses. • It is a legal process (has to go to court) but it is critical to know a survey alone typically does not overturn it if requirements are met.

  29. Fences & Adverse Possession… • Evidence to argue adverse possession include survey, photos, witnesses, use of land during period (timber cut, hunting, etc.). • If both landowners agree, a simple phrase can be put on bothdeeds to avoid this problem. • You can contact me if you want to find out more on this or go to http://extension.missouri.edu/p/G811.

  30. Animal Trespass Issues… • The other area where there are major differences is that of animal trespass. • Animal liability where boundary fences exist differs between laws.

  31. Law Interpretation Issues… • Another cause for potential cloudiness is that the law is subject to a lot of interpretation by the county’s Associate Circuit Judge.

  32. Fence Cases & Court… • Cases below $5,000 can be heard in small claims court. This can be done without an attorney if you wish. • Again, remember these laws are still subject to a lot of interpretation.

  33. If You Have Further Questions… • You can contact me either by…phone: (660) 947-2705 fax: (660) 947-3006 {call 1st} e-mail: koenenj@missouri.edu or you can call your county office and they can contact me.

  34. In Conclusion… • Can I answer any additional questions anyone has? • I will answer specific questions. However, remember that the law can be interpreted different ways.

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