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Subdivision 1.Adjoining owners.
(a) Except as provided in paragraph (b), if two adjoining lands are both used in whole or in part to produce or maintain livestock for agricultural or commercial purposes and one or both of the owners of the land desires the land to be partly or totally fenced, the land owners or occupants shall build and maintain a partition fence between their lands in equal shares.
(b) The requirement in this section and the procedures in this chapter apply to the Department of Natural Resources when it owns land adjoining privately owned land subject to this section and chapter and the landowner desires the land permanently fenced for the purpose of restraining livestock.
(c) For purposes of this section, "livestock" means beef cattle, dairy cattle, swine, poultry, goats, donkeys, hinnies, mules, farmed Cervidae, Ratitae, bison, sheep, horses, alpacas, and llamas.
Notes of Decisions
Cited in
3
cases, 1985–2013 · leading case:
Rice v. Kringler, 517 N.W.2d 606 (Minn. Ct. App. 1994).
Rice v. Kringler, 517 N.W.2d 606 (Minn. Ct. App. 1994).
· cites it 22× “Appellants contend: (1) Minn.Stat. § 344.03 (1990) applies only when adjoining land of both of the owners is used and improved; and (2) the trial court erred in finding that appellants were provided with sufficient notice as required by Minn.”
Miles v. Althoff, 373 N.W.2d 655 (Minn. Ct. App. 1985).
· cites it 4× “On October 4, 1982, the board sent Althoff a letter notifying him of his partition fence duties under Minn.Stat. § 344.03 (1982) and requesting that he put a line fence on his share by November 3, 1982.”
Lanpher v. Nygard, 829 N.W.2d 438 (Minn. Ct. App. 2013).
· cites it 2× “” Minn.Stat. § 344.03, subd. 1. However, a pre-existing fence located on or near the property line may also be designated as a partition fence by the fence viewers.”
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