Landowner group asks Stark County to order fence moved off section lines, cites state code

Members of the 5 Ds trust asked the Stark County Commission on Sept. 4 to order neighbor-resident Richard to move new fencing that the trust says now occupies section-line rights-of-way. Trust member Darrel Engel (listed in the meeting as a representative of the five-owner trust) said the fence was moved to the center of the section line, eliminating the 33-foot vertical plane on both the north–south and east–west section lines and blocking vehicle access to trust property the group is negotiating to sell.

Engel cited North Dakota Century Code provisions on section-line obstructions and cited an attorney-general opinion and a North Dakota Supreme Court decision in his packet. He said the commission has statutory authority to order removal or relocation of fencing that obstructs a section-line right-of-way and requested the commission issue an order restoring the fence to the 33-foot setback on both section-line segments.

Commissioners said the packet was thorough and asked the trust to make a direct request of Mr. Richard first, noting the two parties have been neighbors for many years. Commissioner Claris asked the trust whether Richard had offered to move the fence back; Engel said Richard told them he would move it back if the sale went through but had not yet offered to do so. Commissioners expressed caution about issuing an immediate order without the county’s state’s attorney reviewing the legal materials, and Chairman Messer said he would forward the packet to the state’s attorney for review; the state’s attorney indicated she would examine the materials upon her return to the office.

Commissioners did not issue an immediate order at the meeting. They directed staff to send the trust’s materials to the county state’s attorney for legal review and suggested the trust attempt a neighbor-level conversation with Mr. Richard in the short term. The trust said it sought immediate action because sale negotiations depend on clear vehicle access and because oilfield and other activity in the area increases the importance of open section-line access.

Next steps: county staff will provide the trust’s packet to the state’s attorney for review; the commission asked the trust to attempt a direct request that the neighbor restore the fence to the prior setback while legal review proceeds.