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Senate Agriculture Committee approves printing of fence-clarifying RS32111

2255286 · February 4, 2025
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Summary

The Senate Agriculture Committee voted to print RS32111, a draft statutory clarification stating that private landowners bordering federal allotments are responsible for constructing and maintaining boundary fences.

Senate Agriculture Committee members voted to print RS32111, a draft addition to Title 35 that clarifies fence responsibility for private landowners who border federal land and allotments. Senator Mark Harris, Idaho State Senate, Legislative District 35, introduced the request and asked the committee to send it to print.

The provision would add statutory text to confirm that private landowners bear responsibility for fences along federal allotments. "If you border federal land and allotment, the fence is yours, the private land owners," Senator Mark Harris said while presenting the item. Harris told the committee the clarification responds to uncertainty revealed by a lawsuit last year and reflects long-standing practice that the federal government does not build or repair boundary fences.

The measure was moved to print by Senator Van Orden and seconded by Senator Taylor; the committee voice vote carried. No substantive changes to Title 35 beyond the clarification language were discussed in the committee hearing. The committee took no further action beyond approving printing of the request for statute language.

RS32111 will be printed for formal introduction and further legislative processing.