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Senate rejects bill that would require neighbors to split fence costs; debate centers on livestock and acreage disparities

Utah State Senate · February 21, 1991
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Summary

After extended floor debate, the Utah Senate voted down SB 200, a bill that would require adjoining landowners to share costs for certain partition fences and surveys, with senators arguing it could unfairly obligate owners with large open‑range acreage to pay for fences that primarily enclose a small neighbor's land.

The Utah Senate on the floor rejected Senate Bill 200 after extended debate about fairness, definitions and how the measure would work across urban and open‑range areas.

SB 200 would have allowed an owner of a lawful fence (a partition fence) to require an adjoining landowner to pay half the cost of that fence if the fence is reasonable in cost and appropriate to the area. Senators questioned whether the statute would require an owner of a single fenced acre to force a neighbor who owns 640 acres of open range to pay half of fence maintenance or survey costs when that larger neighbor receives little or no enclosed benefit.

Floor exchanges raised these key concerns: how to allocate survey costs when the precise property line is unknown; whether the statute should be limited to livestock‑control fences; the meaning of "lawful fence" and whether the bill should exempt residential areas. Senator Henry asked whether survey costs would be shared; other senators noted an amendment to limit the statute to adjoining landowners who have livestock was being prepared and adopted as a floor amendment. Several senators declared conflicts of interest (noting personal ownership of fences).

Supporters pointed to similar statutes in states such as Idaho and argued the bill was designed to spread the cost where multiple neighbors benefit. Opponents said the draft language produced inequitable results depending on parcel sizes and uses.

After debate, the clerk announced the floor result that SB 200 failed (recorded as 9 ayes, 7 nays, 5 absent). No further action on SB 200 is recorded in this transcript.

The Senate announcement noted multiple conflicts of interest recorded during the vote and that the bill would be filed as failed.