29-105.
Barbed-wire fence deemed legal fence; construction.
(a) Except as otherwise provided in subsection (b), and in addition to fence declared by law to be a legal fence, the following shall be a legal fence: A barbed-wire fence, of not less than three wires, with the third wire from the ground not less than 44 inches nor more than 48 inches from the ground, and the bottom wire not more than 24 inches nor less than 18 inches from the ground, with the center wire equidistant, or nearly so, between upper and lower wires. All such wires shall be well stretched and barbed, barbs to average not more than nine inches apart and such barbed wire shall be composed of two wires not smaller than No. 13, or one wire not smaller than No. 9, or wires having not less than 950 pounds breaking strength. All such wires shall be securely fastened to posts, which shall not be more than two rods apart and not less than 20 inches in the ground, and set in a workmanlike manner or the posts may be not more than 48 feet apart, with slats placed perpendicularly, not more than 12 feet apart, between the posts and fastened to the wires by staples, or with holes in the slats. Suspension fences shall not be subject to the requirements of this section.
(b) The board of county commissioners of any county, by resolution, may establish for a barbed-wire fence constructed after the effective date of such resolution construction requirements which are more stringent than the requirements under subsection (a). In those cases where a barbed-wire fence is located on a county line, the least restrictive requirements for construction of such fence shall apply.
History:
L. 1883, ch. 113, § 1; R.S. 1923, 29-105; L. 1986, ch. 195, § 4; July 1.
Notes of Decisions
Missouri Pac. R.R. v. Bd. of Cnty. Commissioners, 643 P.2d 188 (Kan. 1982).
“In the case of a barbed wire fence, a railroad is required to construct a lawful fence which is described in K.S.A. 29-105, as follows: “A barbed-wire fence, of not less than three wires, with the third wire from the *233 ground not less than forty-four inches nor more than…”
Cory v. Thompson, 795 F. Supp. 368 (D. Kan. 1992).
· cites it 4× “While it is true that it may be advantageous to plaintiff to bring his claims against defendants in their official capacities and the County, nothing prevents plaintiff from bringing his claims against the defendants only in their individual capacities, with all resultant risks…”
Lee v. Kaup Kattle Co. (D. Kan. 2022).
· cites it 2× “Defendants argue that their fence exceeded statutory requirements because it was wired with cables and piping, which is more durable and effective than barbed-wire, and because it was 53 inches in height. Plaintiffs argue that a genuine issue of material fact remains on the…”
— K.S.A. § 29-105(a) — 1 case
Lee v. Kaup Kattle Co. (D. Kan. 2022).
“Defendants argue that their fence exceeded statutory requirements because it was wired with cables and piping, which is more durable and effective than barbed-wire, and because it was 53 inches in height. Plaintiffs argue that a genuine issue of material fact remains on the…”
— K.S.A. § 29-105(b) — 1 case
Cory v. Thompson, 795 F. Supp. 368 (D. Kan. 1992).
“While it is true that it may be advantageous to plaintiff to bring his claims against defendants in their official capacities and the County, nothing prevents plaintiff from bringing his claims against the defendants only in their individual capacities, with all resultant risks…”
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