§ 32-26-4-2 — Examination of live fences; notice to cut or trim; collection of expenses

Indiana § 32-26-4-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 26: FENCES
• Ch. 4: Cutting Live Fences Along Public Highways

Text

(a) The trustee of each township, the county
highway superintendent, the Indiana department of transportation, or
other officer in control of the maintenance of a highway shall between
January 1 and April 1 of each year, examine all hedges, live fences,
natural growths along highways, and other obstructions described in
section 1 of this chapter in their respective jurisdictions. If there are
hedges, live fences, other growths, or obstructions along the highways
that have not been cut, trimmed down, and maintained in accordance
with this chapter, the owner shall be given written notice to cut or trim
the hedge or live fence and to burn the brush trimmed from the hedge
or live fence and remove any other obstructions or growths.
(b) The notice required under subsection (a) must be served by
reading the notice to the owner or by leaving a copy of the notice at the
owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state
where the hedge, live fence, or other obstructions or growth is located,
the notice shall be served upon the owner's agent or tenant residing in
the township. If an agent or a tenant of the owner does not reside in the
township, the notice shall be served by mailing a copy of the notice to
the owner, directed to the owner's last known post office address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served, the
township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or Indiana
department of transportation having charge of the work performed
under subsection (d) shall prepare an itemized statement of the total
cost of the work of removing the obstructions or growths and shall sign
and certify the statement to the county auditor of the county in which
the land is located. The county auditor shall place the statement on the
tax duplicates. The county treasurer shall collect the costs entered on
the duplicates at the same time and in the same manner as road taxes
are collected. The treasurer may not issue a receipt for road taxes
unless the costs entered on the duplicates are paid in full at the same
time the road taxes are paid. If the costs are not paid when due, the
costs shall become delinquent, bear the same interest, be subject to the
same penalties, and be collected at the same time and in the same
manner as other unpaid and delinquent taxes.
[Pre-2002 Recodification Citation: 32-10-4-2.]

Legislative History

As added by P.L.2-2002, SEC.11.