§ 11-28-106 — Construction and maintenance of partition fences; fencing of state lands

(a) Except as otherwise provided, the owner of any lawful
fence which is or becomes a partition fence separating the
owner's land from that belonging to some other person may
require the person to pay for one-half (1/2) of what it would or
does actually cost to construct the partition fence. In case of
refusal, the owner may maintain a civil action against the
person refusing and is entitled to recover one-half (1/2) of
what it would or did actually cost to construct that portion of
the partition fence used by the person and costs of suit. The
joint users of a partition fence shall contribute to the cost of
maintenance in proportion to their respective interests and if
either refuses to pay his share of the cost of maintenance, the
other may recover maintenance costs in the manner provided for
recovering the cost of construction.
(b) Repealed by Laws 2023, ch. 173, § 3.
(c) Private landowners whose property adjoins state lands
on which the private landowner does not hold a lease may
construct a lawful partition fence along state lands and the
office of state lands and investments or, if the state lands are
currently leased, the lessee of the state lands shall pay for
one-half (1/2) of the actual cost of the construction of the
lawful partition fence. Private landowners and the office of
state lands and investments, or the lessee at all times that the
state lands are leased, shall contribute to the cost of
maintenance of the lawful partition fence in proportion to their
respective interests in the fence.