Riley County commissioners continue deliberation on partition‑fence dispute between Hargraves and Salzmans

Riley County commissioners on May 8 heard an extended legal briefing from Deputy County Counselor Jacob Hansen on a partition‑fence dispute between Gary and Diana Hargrave and Steve and Renee Salzman. Commissioners voted to continue deliberations rather than issue an immediate decision.

Hansen summarized the dispute and explained the legal test under Kansas law for exemption from contributing to a partition fence. He said the statutory exemption requires two conditions: (1) the occupant must not wish their land to be enclosed, and (2) the occupant must not occupy or use the subject land otherwise than in common with the adjoining landowner. Hansen said the remaining legal question for the commission was how to interpret "occupy" in the context of the disputed green strip on the parties’ map.

Hansen noted that Kansas attorney-general opinions and past practice concentrate on whether land is being used "otherwise than in common." Where that test does not resolve the dispute, he said commissioners must decide whether the strip is "occupied" — which could turn on how the land is used (cropland versus wooded pasture) and on what is a legally sufficient fence (three‑strand barbed wire under Kansas law).

Commissioners discussed whether a new survey was needed to establish exact property corners and whether the county should decide the legal test or defer to a court. Hansen said boundary location and survey disputes are generally for the parties to resolve and that the county’s role was to determine whether the statutory exemption applied along the disputed partition fence.

After discussion, the commission unanimously voted to continue deliberation to a later date to allow further review and possibly additional materials to be submitted by the parties.