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Commission accepts fence‑viewer report, orders neighbors to split $5,067.52 cost

Board of Douglas County Commissioners · April 9, 2026

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Summary

After public comment and commissioner questions about an 1868 fence‑viewing statute, the board accepted the fence‑viewer recommendation that both parties share the $5,067.52 fence cost; the motion passed unanimously.

The Douglas County Board of County Commissioners voted April 8 to accept the fence‑viewer's recommendation and determine that both parties are responsible for half of the assessed fence cost, $5,067.52.

Commissioner Dorsey had pulled the item from the consent agenda to ask staff and fellow commissioners about the history and cost of using outside counsel to conduct fence viewings under an 1868 statute. Staff said the county had used a hired attorney in 2022 because commissioners found the statutory process cumbersome and preferred a professional interpreter of the law.

Ed Moore, who identified himself as a party to the dispute, told the board he had discussed the fence replacement with his neighbor and asserted the neighbor had agreed to pay half but later reversed course.

Commissioner Kelly said the fence‑viewing process is legal in nature and that hiring counsel helps manage liability and receipts; after brief discussion the chair moved to accept the fence‑viewer report and apportion the $5,067.52 cost equally between the parties. The motion was seconded and passed unanimously.

The board did not further amend the statutory process at this meeting but commissioners left the door open for later discussion of process improvements.