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Senate advances bill assigning cost‑sharing for fences along state land boundaries

2139937 · January 22, 2025
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Summary

Senate File 63 would allow adjoining landowners who neighbor unleased state lands to construct a partition fence and require the Office of State Lands and Investments to pay half the construction cost; amendment changing rulemaking language to the Board of Land Commissioners was adopted and the bill passed the Committee of the Whole.

Senator Crago brought Senate File 63 — titled "State Lands Fencing 2" — to the Committee of the Whole and asked for a favorable report. The bill adds a new subsection within existing fencing statute language to treat state lands similarly to other landowners when a lawful partition fence is required between private property and state land.

Under the bill, when an adjoining private landowner constructs a lawful partition fence along state land that is not leased to the adjacent owner, the Office of State Lands and Investments "shall pay for one half of the actual cost of the construction of the lawful partition fence," and the two parties shall contribute to ongoing maintenance in proportion to their interests. The bill explicitly excludes cases where the adjoining owner is also the leaseholder for the state parcel, preventing a current lessee from using the statute to require the state to pay for a management fence around leased acreage.

The Committee adopted a standing committee amendment that replaces a requirement that the Office of State Lands and Investments promulgate rules with a direction to the Board of Land Commissioners; the amendment was requested by the agency during committee review. Senator Crago moved the amendment and it was adopted by voice vote. After discussion and clarification that the bill intends to treat state land consistently with private landowners, the Committee of the Whole reported Senate File 63 do pass (amended) to the full Senate.

Action summary: - Standing Committee Amendment No. 1 to Senate File 63 — moved by Senator Crago; outcome: approved (voice vote); amendment changes rulemaking responsibility language to the Board of Land Commissioners. - Committee of the Whole motion that Senate File 63 do pass (as amended) — outcome: reported favorably to the Senate.

The sponsor said the bill is intended as a "good neighbor bill" to provide clarity on financial responsibility for boundary fences involving state lands and to align treatment of state lands with that of private landowners.