Landowners ask county to order fence moved back to 33‑foot section line; commissioners will review with state’s attorney

Members of the 5 Ds Trust asked the Stark County Commission Thursday to issue an order restoring fence lines along section lines between Sections 20, 21, 22 and 27 to the statutory 33‑foot vertical plane, arguing the current fences obstruct public section‑line rights of way.

Daryl Engel and trust representatives said their family has historically maintained open 66‑foot section‑line corridors (a 33‑foot vertical plane on either side of a section line) and that adjacent fences had been moved in 2023 and 2024 to the section centerline, restricting vehicle access and complicating an anticipated land sale. The trust cited several North Dakota Century Code provisions and a 1997 Attorney General opinion regarding obstruction of section lines.

Commissioners asked clarifying questions about whether an application for a section‑line closure or written county permission had been filed; trust members said no county permission had been requested. Commissioners noted the issue involves conflicting statutory language and case law and said the county’s state’s attorney should review the packet before any formal order. The chair asked the trust representatives to make one more effort to contact the neighbor about moving the fences back while the county sought legal advice.

No county order was issued at the meeting. Commissioners directed staff to forward the trust’s packet to the state’s attorney for review, and the county indicated it would seek guidance before taking further action.