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Committee sends bill to floor clarifying fence responsibility along federal land
Summary
A Senate committee voted to send Senate Bill 1053 to the floor after hearing testimony that the measure would codify existing court rulings that landowners bordering federal land are responsible for building and maintaining fences to control livestock.
Sen. Mark Harris, Idaho State Senate, Legislative District 35, asked the committee to send Senate Bill 1053 to the full Senate, saying the bill would put existing court rulings into state code so landowners understand fence responsibilities along federal land.
Harris said the measure “puts that into Idaho code to prevent future confusion,” and cited litigation in Adams County and a earlier Bonneville County case as examples where courts ultimately ruled that private landowners who border federal land bear fence construction and maintenance responsibility if they want livestock kept off their property.
The bill’s backers told the committee the change is meant to reduce costly lawsuits and set clear expectations for newcomers. Russ Hendricks, representing the Idaho Farm Bureau Federation, said the organization supports the bill and that public confusion about fence responsibility is the very reason to codify the existing case law. Pachi Larcy, representing the Idaho Cattle Association, also supported the bill and said it creates “certainty and understanding out on the landscape.”
Committee members asked technical and scope questions. Sen. Zito asked what happens when cattle wander onto Bureau of Land Management (BLM) property without a fence; Harris answered that the animals would be trespassing on federal land and the fence responsibility remains with the adjacent private landowner. Sen. Blaylock sought reassurance that parties could still enter voluntary agreements with federal land managers to share costs; Harris said such agreements remain possible but are not required by the statute.
A motion to send Senate Bill 1053 to the Senate floor with a “do pass” recommendation was made by Sen. Lent and seconded by Sen. Leahy. The committee approved the motion by voice vote; no roll-call tally was recorded in the transcript and no members were recorded as voting nay. The committee chair declared the motion passed.
Why it matters: supporters said codifying the rule will help avoid litigation and ease tensions where private property abuts federal lands, a common pattern in Idaho’s large grazing and ranching areas. Opponents were not recorded in the transcript; the committee heard only supportive testimony and questions seeking technical clarifications.
The measure now moves to the Senate floor for further consideration.
Ending: The committee took no amendments on the bill in this hearing and advanced the measure by voice vote. Testimony in support came from industry groups; no public opposition was recorded on the transcript.
