Senate committee sends bill to floor to codify fence-out responsibility adjacent to federal land

Senator Mark Harris, Idaho State Senate, Legislative District 35, asked the committee to send Senate Bill 1053 to the floor, saying the measure would clarify that landowners who border federal land are responsible for building and maintaining fences to keep livestock in or out.

The measure, Harris said, “puts that into Idaho code to prevent future confusion,” and he asked the committee to consider giving Senate Bill 1053 a due pass recommendation.

The bill stems from recurring disputes, Harris and others told the committee. Harris described two cases in which litigation followed when fences were removed: one in Adams County that he said cost a rancher about $20,000 to defend, and a prior case in Bonneville County that reached the state Supreme Court. “The courts have ruled … that landowners that border federal land are responsible for building and maintaining their fences,” Harris told the committee.

Committee members asked several clarifying questions. Senator Zito asked what happens when cattle wander onto Bureau of Land Management land that lacks a fence; Harris replied that, in that circumstance, animals would be trespassing on federal property and the fence responsibility rests with the private landowner. Senator Blaylock and others noted that Idaho’s “fence-out” approach coexists with the state’s open-range law; Harris and committee members referenced Idaho Code Title 35 (fence law) and Title 25 (open-range statute) during the discussion and said the bill is intended to reduce misunderstandings as new residents arrive.

Two industry witnesses testified in favor of the bill. Russ Hendricks, representing the Idaho Farm Bureau Federation, told the committee the measure would clarify longstanding practice and potentially avoid repetitive litigation. “There is confusion amongst the general public as well,” Hendricks said, and codifying the applicable case law would help reduce that confusion. A representative identifying himself as Pachi Larcy (Phillip) speaking for the Idaho Cattle Association also expressed support, saying the bill would create “certainty and understanding out on the landscape.”

Senator Lent moved to send Senate Bill 1053 to the Senate floor with a due pass recommendation; Senator Leahy seconded. The committee voted in favor; the chair announced the motion passed.

The record shows the bill was advanced out of committee with a due-pass recommendation; no amendments or alternative motions were recorded in the transcript.