LRB-2806/1
MGG:mfd:arm
1997 - 1998 LEGISLATURE
April 24, 1997 - Introduced by Representatives Johnsrud, Gronemus, Freese,
Albers, Zukowski, Brandemuehl, Owens, Huebsch, Olsen, Goetsch, Seratti,
Musser, Powers, Harsdorf and Lorge, cosponsored by Senators Schultz,
Rude and Drzewiecki. Referred to Committee on Natural Resources.
AB307,1,3
1An Act to amend 90.03 and 90.035 of the statutes;
relating to: fences as
2boundaries for certain land occupied or owned by the department of natural
3resources.
Analysis by the Legislative Reference Bureau
Under current law, occupants or owners of adjoining land used for agricultural
or grazing purposes must maintain fences between the land on an equal basis, unless
they decide to use markers. They also must keep the fences repaired unless they
mutually agree not to do so. Under current law, these requirements do not apply if
one of the occupants or owners is the state or one of its subdivisions (state entity).
In that case, the state entity and the other occupants or owners must agree that the
fence is necessary before they and the state are required to comply with these fencing
requirements.
Under this bill, if any of the land involved is being used for grazing and if one
of the occupants or owners is the department of natural resources (DNR), the fencing
requirements apply as if DNR were not a state entity.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB307, s. 1
1Section
1. 90.03 of the statutes is amended to read:
AB307,2,11
290.03 Partition fences; when required. The respective occupants of
3adjoining lands used and occupied for farming or grazing purposes, and the
4respective owners of adjoining lands when the lands of one of such owners is used and
5occupied for farming or grazing purposes, shall keep and maintain partition fences
6between their own and the adjoining premises in equal shares so long as either party
7continues to so occupy the lands, except that the occupants of the lands may agree
8to the use of markers instead of fences, and such fences shall be kept in good repair
9throughout the year unless the occupants of the lands on both sides otherwise
10mutually agree.
In this section "occupant" and "owner" include the department of
11natural resources if any of the adjoining land is used for grazing purposes.
AB307, s. 2
12Section
2. 90.035 of the statutes is amended to read:
AB307,2,19
1390.035 Public fences. Where the 2 parties, one of whom is the state or a
14subdivision thereof, agree that a fence is reasonably necessary, the duty to erect and
15maintain partition fences shall apply equally to the state, as provided in s. 90.03, and
16its subdivisions as occupants of lands whenever such lands are bounded by privately
17owned agricultural or grazing lands.
This section does not apply if one of the parties
18is the department of natural resources and if any of the land involved is used for
19grazing purposes.
AB307,2,2221
(1)
This act takes effect on the first day of the 7th month beginning after
22publication.
