Riley County directs draft of fence-view order in Hargrave–Salzman partition dispute

Riley County commissioners directed the county counselor May 29 to draft a fence‑view order following an April 18 fence‑view hearing between Hargrave and Salzman property owners. The instruction directs the counselor to treat the full partition line as the partition fence and to allocate maintenance responsibilities for each half to the adjacent owner using the board’s right-hand rule direction.

Jacob Hansen, interim county counselor, reviewed the statutory issue raised by the parties, identifying Kan. Stat. Ann. §29-3f as the allocation provision the board must consider and explaining that the statute’s exemption applies only in limited circumstances. Hansen told commissioners a key legal question was whether a strip of land identified by one party is “occupied” for purposes of the statute; he noted Kansas case law and statutory language in this area are sparse and that reasonable arguments exist on both sides. The counselor recommended drafting an order that obligates owners only up to the legally sufficient fence standard and avoids compelling an owner to pay for improvements beyond that legal minimum.

The board deliberated and expressed consensus to include the entire partition line in the fence‑view order (rather than a narrower portion), to allocate maintenance by dividing the fence line east/west and to require maintenance to the level of a three‑strand, legally sufficient partition fence; the counselor will incorporate statutory references and the board’s limits on liability in the draft order.

Ending County counselor’s office will prepare a formal fence‑view order reflecting the board’s direction; the draft will return to the commission for final approval and signature.