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House approves bill dividing fence costs on grazing/greenbelt land

Utah House of Representatives · February 24, 2004
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Summary

First substitute House Bill 119 would require cost-sharing for fences between grazing land and adjoining property (including some conservation easements); after debate about fairness to non-grazing owners the bill passed the House 68–16 and was sent to the Senate.

Representative Moss introduced first substitute House Bill 119 addressing fencing responsibilities where grazing land or conservation easements abut neighboring properties. The sponsor described the "fence in" and "fence out" concepts and the policy goal of preserving grazing use while sharing fence costs equitably. He said the bill limits eligible fence types to standard post-and-wire construction and seeks to prevent one landowner from forcing an expensive fence type on another.

Opponents raised fairness concerns, noting that some non-grazing owners would be forced to build and pay for half of a fence they did not want; Representative Daniels said mandating fence construction and cost-sharing could be inappropriate for property owners who do not raise livestock. Sponsors responded that most affected land historically supported grazing, and that the bill aims to sustain agricultural use and reduce cost burdens that otherwise fall on ranchers.

The House passed first substitute HB 119 with 68 yes votes, 16 no votes and 1 absent; the bill will be forwarded to the Senate for further action.