reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-4. Articles of Association; Recording

Sec. 4. (a) After the election of directors, the association shall record articles of association in the office of the recorder of the county where the proposed fence will be located.
(b) The articles must specify the following:
(1) The name and objects of the association.
(2) The names of the association's officers for the first year.
(3) The character of the work proposed.
(4) The location where the fence is to be located.
(c) After recording the articles of association, the association is a body corporate and politic by the name and style adopted, with all the rights, incidents, and liabilities of bodies corporate.
(d) Any person owning land in the area may at any time become a member of the association by signing the articles of association.
[Pre-2002 Recodification Citation: 32-10-1-4.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-5. Petition; Viewers; Examination and Apportionment of Assessments

Sec. 5. (a) The board of directors shall petition the board of commissioners of the county where the fence is to be located.
(b) The petition must do the following:
(1) Be signed by the owners of the major part of the improved land.
(2) Give a full description of the contemplated work, specifying particularly:
(A) the points of beginning and ending of the work;
(B) the course and distances of the work;
(C) the manner and character of the gates to be placed on all public highways crossed;
(D) the nature and character of the improvement;
(E) a detailed statement of the projected cost, as accurately as the projected cost can conveniently be stated; and
(F) the description of the area to be enclosed.
(3) Request the appointment of viewers to view and apportion among the owners of real estate in the area the cost of the improvement, and all expenses that:
(A) are incurred procuring the improvement; and
(B) are considered to be necessary in maintaining the improvement for one (1) year after the completion of the fence.
(c) The apportionment of the cost and expenses incurred under this chapter must be made according to the number of acres of land owned by each landowner that is improved and used for the purposes of cultivation, as described in section 6 of this chapter.
(d) The board of commissioners, on proof that the signers of the petition own the major part of the improved land in the area, shall hear and consider the petition. If the board of commissioners decides the improvement is a public utility and is in the best interests of the owners of the lands in the area, the board of commissioners shall appoint three (3) viewers.
(e) The viewers, who may not be members of the association or interested in the proposed work, shall make the apportionments described in subsection (b)(3) among the landowners.
(f) The viewers shall be furnished:
(1) a copy of the plan and profile of the proposed work; and
(2) a certified copy of the order of the board of commissioners for their appointment.
(g) The viewers shall meet at a time and place in the area to make the apportionment as fixed by the board of commissioners.
(h) Before the apportionment begins, the owners of improved land in the area are entitled to notice of the time when and place where the viewers will begin the examination of lands and the apportionment of assessments by written or printed notices posted at the door of the courthouse of the county and five (5) public places in the area.
[Pre-2002 Recodification Citation: 32-10-1-5.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-6. Assessments; Costs and Expenses of Improvements

Sec. 6. (a) At the time and place named by the board of commissioners and fixed by the notices, the appointed viewers shall do the following:
(1) Meet and inspect the lands improved and used for cultivation in the area.
(2) Assess against the owners of the improved land the costs and expenses of the improvement. The costs and expenses shall be apportioned among them severally, according to the number of acres of improved land owned by each owner.
(3) Hear and determine any complaints at that time regarding the assessment.
(b) The appointed viewers have the authority to:
(1) hear evidence;
(2) swear and examine witnesses;
(3) reexamine any lands;
(4) cause surveys and measurements to be made; and
(5) adjourn periodically until the viewers complete the apportionment of assessments.
[Pre-2002 Recodification Citation: 32-10-1-6.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-7. Viewers' Report and Assessments

Sec. 7. (a) The appointed viewers, after having completed their apportionment, shall submit a written report of their work to the board of commissioners, together with a tabular statement of the assessments made.
(b) The directors of the association shall record the written report by the appointed viewers in the office of the recorder of the county.
(c) From the recording date of the written report, the assessments in the written report shall be respectively a lien on each tract of land described in the written report for the amount assessed to the tract.
[Pre-2002 Recodification Citation: 32-10-1-7.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-8. Annual Assessments

Sec. 8. (a) The board of directors may make annual assessments after the first assessment for the purpose of repairing and maintaining the improvement and for other necessary expenses.
(b) The board of directors shall apportion the annual assessments among the owners and file a tabular statement of the apportionment and assessment in the recorder's office.
(c) The tabular statement of the apportionment and assessment is a lien on the tracts of land respectively assessed and may be collected in the same manner as the original assessment.
[Pre-2002 Recodification Citation: 32-10-1-8.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-9. Fences Erected Before Present Law

Sec. 9. (a) If the owners of land have, under or by virtue of any law of Indiana or by mutual consent, erected a fence before March 14, 1877, as described in this chapter, the landowners may:
(1) organize an association according to the provisions of this chapter;
(2) file their articles of association in the office of the recorder; and
(3) petition the board of commissioners as provided in subsection (b).
(b) The petition must show that:
(1) the fence was built before March 14, 1877; and
(2) the goal of the organization is to maintain the fence in good order and repair, as though built under this chapter.
(c) The board of commissioners shall consider the petition. If the board of commissioners is satisfied that:
(1) the owners of the major part of the land improved and used for the purposes of cultivation enclosed by the fence signed the petition; and
(2) the maintenance of the improvement is of public utility and for the best interests of the owners of the land in the area;
the board of commissioners shall make an order allowing the board of directors of the association to make assessments for that purpose, as provided in section 8 of this chapter.
(d) After the directors of the association follow the steps provided in section 8 of this chapter, the association is a body corporate and politic, as though originally organized under this chapter, and has all the rights and powers granted in this chapter.
(e) All liens that then exist in favor of any creditor that financed the improvement, or against any lands on account of the improvement, shall be preserved and may be enforced, either according to the law under which the liens were created or according to this chapter.
[Pre-2002 Recodification Citation: 32-10-1-9.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-10. Officers of Fencing Association

Sec. 10. (a) The board of directors shall appoint a president, secretary, and treasurer.
(b) The treasurer shall give a bond:
(1) sufficient in penalties and securities;
(2) payable to the association by its corporate name; and
(3) conditioned for:
(A) the faithful discharge of the treasurer's duties; and
(B) the safekeeping and prompt payment, according to the order of the board of directors, of all money accessible to the treasurer.
(c) A majority of the board of directors is a quorum for the transaction of business.
(d) Previous notice of any regular or adjourned meeting of the directors is not necessary.
[Pre-2002 Recodification Citation: 32-10-1-10.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-11. Vacancy in Office of Director

Sec. 11. If a vacancy occurs in the office of director, the other members of the board shall fill the vacancy by a pro tempore appointment from the members of the association. The appointment continues until the next annual election and until a successor is elected and qualified.
[Pre-2002 Recodification Citation: 32-10-1-11.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-12. Officers of Association; Term of Office

Sec. 12. The president, secretary, and treasurer continue in office for one (1) year and until their successors in office are elected and qualified.
[Pre-2002 Recodification Citation: 32-10-1-12.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-13. Money Drawn by Treasurer

Sec. 13. The treasurer may not draw money, except upon the order of the president and secretary.
[Pre-2002 Recodification Citation: 32-10-1-13.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-14. Treasurer; Presenting Vouchers and Settling With Board

Sec. 14. Each year, before the expiration of the treasurer's term, and more often if the board of directors requires, the treasurer shall present the treasurer's vouchers and settle with the board.
[Pre-2002 Recodification Citation: 32-10-1-14.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-15. Supplemental Assessments

Sec. 15. (a) If the board of directors finds that any lands that will be affected by the proposed work have been omitted from the assessment or that any mistake has occurred in the assessment, the board may order a supplemental assessment for the correction of mistakes.
(b) The owners of all lands directly affected by the supplemental assessment shall have notice of the time and place of making the supplemental assessment and of a time when and place where the owners may be heard regarding the supplemental assessment in the same manner as in respect to the original assessment.
(c) The supplemental assessment, when completed, shall be filed for record in the same manner as the original assessment.
(d) The supplemental assessment shall, from that date, be a lien on the lands described in the supplemental assessment in like manner as the original assessment.
[Pre-2002 Recodification Citation: 32-10-1-15.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-16. Assessments; Installment Payments

Sec. 16. The board of directors may, without reference to the completion of the proposed work, order:
(1) the payment of the assessment in installments as it considers proper; or
(2) the payment in full at a stated time.
[Pre-2002 Recodification Citation: 32-10-1-16.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-17. Assessments; Enforcing Payment

Sec. 17. Payment of the assessments may be enforced by suit in any court with jurisdiction as for ordinary debts or by the foreclosure of the lien in any court with jurisdiction in the same manner as is provided by law for the foreclosure of mortgages and the sale of mortgaged premises for the collection of debts.
[Pre-2002 Recodification Citation: 32-10-1-17.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-18. Proposed Work; Contracts; Advertisements

Sec. 18. (a) The proposed work shall be awarded by the board of directors by contract to the lowest responsible bidder, after suitable advertisements, as a whole or in sections or subdivisions as the board considers most advantageous.
(b) The board of directors may purchase any fence built along the line of the proposed fence and use the fence instead of building new fencing.
[Pre-2002 Recodification Citation: 32-10-1-18.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-19. Appropriation of Land; Assessment of Damages

Sec. 19. If the association wishes to appropriate any land for the construction or maintenance of any work, the association must proceed in the manner required by law for the assessment of like damages in case of the construction of railroads or other similar works.
[Pre-2002 Recodification Citation: 32-10-1-19.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-20. Incorrect or Imperfect Description of Proposed Work

Sec. 20. Every association organized under this chapter with the concurrence of three-fourths (3/4) of its members, expressed by resolution at any regular meeting of the association, may:
(1) correct or perfect any incorrect or imperfect description of the proposed work; or
(2) provide for the extension of the proposed work beyond the limits prescribed in the original articles of the association.
[Pre-2002 Recodification Citation: 32-10-1-20.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-21. Limitation of Actions to Enforce Assessment

Sec. 21. An association may not commence an action to enforce any lien upon land for assessments made five (5) years after the date of recording the schedule of the assessment constituting a lien, as contemplated by this chapter. Any assessment made under any former law of Indiana upon the same subject, when action is not pending for the enforcement of the assessment, is prima facie satisfied upon the record five (5) years after the recording of the schedule of the assessment.
[Pre-2002 Recodification Citation: 32-10-1-21.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-22. Rules or Regulations; Powers of Fencing Association

Sec. 22. The association may pass any rules and impose reasonable fines and penalties to insure the success of the object of the association's incorporation. The association may:
(1) employ individuals to keep the fence in repair;
(2) employ gatekeepers to attend to the gates on all public highways;
(3) employ keepers of pounds to impound and care for all stock found running at large in the area enclosed by the fence;
(4) make bylaws regulating:
(A) when stock may run at large in the enclosed area; and
(B) the number of cattle, horses, and swine each landowner or occupant of lands in the enclosed area may be allowed to permit to run at large.
[Pre-2002 Recodification Citation: 32-10-1-22.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-23. Throwing Down Common Fence

Sec. 23. A person may not throw down the common fence. A person who throws down a common fence shall pay to the association at least five dollars ($5) but not more than twenty dollars ($20), recoverable before any court with jurisdiction. A person who throws down a common fence is liable for all damages that accrue because of the person's actions. Damages are recoverable under this subsection in the same manner as a forfeiture.
[Pre-2002 Recodification Citation: 32-10-1-23.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-24. Permitting Animals to Run at Large Within Enclosed Area

Sec. 24. It is a Class C infraction for a person to allow the person's stock to run at large in the enclosed area unless expressly permitted to do so by the board of directors of the association. A person who violates this section is liable to all persons whose lands are trespassed upon for consequential damages.
[Pre-2002 Recodification Citation: 32-10-1-24.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 1. Fencing Associations › 32-26-1-25. Stock Roving Within Enclosed Area

Sec. 25. (a) Any stock found roving about in the enclosed area contrary to the laws or regulations of the association shall be taken up and impounded at the expense of the owner. The poundkeeper shall:
(1) if the owner is known, notify the owner, in writing, of the impounding of the stock; or
(2) if the owner is unknown, post for ten (10) days a written or printed description of the stock at the public gates of the association and three (3) other public places in the township where the fence is located.
(b) If, after the expiration of ten (10) days, the owner fails to reclaim and pay the expenses of keeping and posting the stock and the damages caused by the stock to any owner or occupant of land in the area, the stock shall, upon ten (10) days further notice, be sold to pay the expenses and damages.
(c) If, after payment for the stock, there is a remaining balance, the balance shall be deposited in the treasury of the association for the benefit of the owner. If no claim is made for the remaining balance for six (6) months, it shall vest in the association.
[Pre-2002 Recodification Citation: 32-10-1-25.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-1. Lawful Fences

Sec. 1. (a) As used in this chapter, "lawful fence" means any structure typically used by husbandmen for the enclosure of property.
(b) The term includes:
(1) a cattle guard;
(2) a hedge;
(3) a ditch; and
(4) any other structure that witnesses knowledgeable about fences testify is sufficient to enclose property.
[Pre-2002 Recodification Citation: 32-10-2-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-2. Domestic Animal Breaking Into Enclosure

Sec. 2. (a) This subsection applies in a township for which the board of county commissioners has adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person that is enclosed by a lawful fence, the person injured by the actions of the domestic animal may recover the amount of damage done.
(b) This subsection applies in a township for which the board of county commissioners has not adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person, it is not necessary for the person injured by the actions of the domestic animal to allege or prove the existence of a lawful fence to recover for the damage done.
[Pre-2002 Recodification Citation: 32-10-2-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-3. Tender of Costs and Damages; Confession of Judgment

Sec. 3. (a) The owner of a domestic animal described in section 2 of this chapter may:
(1) tender to the person injured by the domestic animal:
(A) any costs that have accrued; and
(B) an amount, in lieu of damage, which equals or exceeds the amount of damages awarded by the court or by a jury in an action filed to recover damages caused by the actions of the domestic animal; or
(2) offer in writing to confess judgment for the amounts set forth in subdivision (1);
before an action filed to recover damages caused by a domestic animal described in section 2 of this chapter proceeds to trial.
(b) If the person injured by the domestic animal described in section 2 of this chapter rejects the tender or offer under subsection (a) and causes a trial for damages to proceed, the person injured:
(1) shall pay the costs of the trial; and
(2) may recover only the damages awarded.
[Pre-2002 Recodification Citation: 32-10-2-3.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-4. Strays; Confining Domestic Animal

Sec. 4. Except as provided in this chapter, if a domestic animal breaks into the enclosure of a person who is not the owner of the domestic animal, the person, without regard to the season of the year:
(1) may confine the animal in the same manner as a stray animal may be confined; and
(2) shall proceed under IC 32-34-8 for stray animals.
[Pre-2002 Recodification Citation: 32-10-2-4.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-5. Notice to Owner; Confining Domestic Animal

Sec. 5. A person described in section 4 of this chapter shall, within twenty-four (24) hours after confining a stray animal, give notice to the owner of the animal, if the owner is known and can be immediately found.
[Pre-2002 Recodification Citation: 32-10-2-5.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-6. Examination and Assessment of Damages

Sec. 6. Before posting or advertising a stray animal, a person described in section 4 of this chapter shall procure from two (2) disinterested property owners an examination and assessment of the damages caused by the stray animal with a certificate of the damages. Damages under this section may include reasonable pay for the persons making the assessment.
[Pre-2002 Recodification Citation: 32-10-2-6.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-7. Notice or Advertisement of Confined Domestic Animal

Sec. 7. A notice or advertisement described in section 6 of this chapter must specify the following:
(1) The fact of trespass in the enclosure of the person confining the stray animal.
(2) The damages assessed, including pay for the person making the assessment.
[Pre-2002 Recodification Citation: 32-10-2-7.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-8. Owner Demanding Trespassing Stray From Confiner

Sec. 8. The owner of a stray animal confined under section 4 of this chapter may demand the stray animal from the person who confined the stray animal only if the following conditions are met:
(1) The owner proceeds under IC 32-34-8-18 to prove that the stray animal is the owner's property.
(2) The owner pays the costs allowed in the case of stray animals.
(3) The owner pays the damages and the costs of assessment.
[Pre-2002 Recodification Citation: 32-10-2-8.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-9. Trial; Owner Controverting Damages or Denying Trespass

Sec. 9. (a) Within five (5) days after the owner of a stray animal confined under section 4 of this chapter receives a notice under section 7 of this chapter, the owner may file a civil action to:
(1) controvert the amount of damages assessed; or
(2) deny the trespass.
(b) If the owner of a stray animal confined under section 4 of this chapter files an action under subsection (a), the cause shall be docketed for trial.
[Pre-2002 Recodification Citation: 32-10-2-9.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-10. Jury Trial

Sec. 10. Either party in an action filed under section 9 of this chapter may demand a jury.
[Pre-2002 Recodification Citation: 32-10-2-10.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-11. Damages and Costs; Payment Before Recovering Property

Sec. 11. If damages are assessed against the owner of a stray animal in a trial under this chapter, the owner must pay the damages and all costs assessed against the owner before the owner may recover the owner's property.
[Pre-2002 Recodification Citation: 32-10-2-11.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-12. Judgment; Trespass Not Committed by Animal Confined

Sec. 12. If the verdict or finding in a trial under this chapter is that the stray animal confined under section 4 of this chapter did not commit the trespass, a judgment shall be entered against the person who confined the stray animal for all costs and damages that are assessed.
[Pre-2002 Recodification Citation: 32-10-2-12.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-13. Sale of Trespassing Strays; Retention of Damages and Costs

Sec. 13. If a stray animal confined under section 4 of this chapter is sold under IC 32-34-8, the person who confined the stray animal may retain out of the sale price of the stray animal the damages sustained by the person and the costs of assessing the damages in addition to the costs and allowances recoverable under IC 32-34-8.
[Pre-2002 Recodification Citation: 32-10-2-13.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-14. Release of Trespassing Animal; Fence Not Lawful

Sec. 14. In an action filed under this chapter, if the court or jury finds the fence through which a stray animal breaks is not a lawful fence, the animal shall be released to the animal's owner and the occupant of the enclosure shall pay costs and damages to the animal's owner.
[Pre-2002 Recodification Citation: 32-10-2-14.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-15. Existing Fence Becoming Partition Fence; Compensation

Sec. 15. When a fence that is already erected becomes a partition fence because previously unenclosed property is enclosed, the person who encloses the previously unenclosed property shall pay to the owner of the existing fence fifty percent (50%) of the value of the existing fence, as estimated by the owner of the existing fence.
[Pre-2002 Recodification Citation: 32-10-2-15.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-16. Existing Fence Becoming Partition Fence; Action for Payment

Sec. 16. (a) If a person who encloses previously unenclosed property refuses to pay the owner of an existing fence under section 15 of this chapter, the owner may file a civil action for recovery of the amount due under section 15 of this chapter.
(b) This subsection applies if, before a trial under subsection (a):
(1) the person who encloses the previously unenclosed property offers to the owner of an existing fence; and
(2) the owner of the existing fence refuses to accept;
an amount equal to or larger than the damages awarded at the trial and the costs accrued up to the date of the offer. The owner of the existing fence shall pay the costs of the action and receive only the damages assessed.
[Pre-2002 Recodification Citation: 32-10-2-16.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-17. Joining Fence to Fence of Another

Sec. 17. A person who encloses property that has previously been unenclosed may not join the new fence to another person's existing fence without the consent of the owner of the existing fence. If consent to join the new fence with the existing fence is not given, each property owner shall give property that is equivalent to fifty percent (50%) of the width of a lane, or a reasonable distance, for the erection of the second fence.
[Pre-2002 Recodification Citation: 32-10-2-17.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-18. Notice; Intention to Remove Partition Fence

Sec. 18. This section applies to a person who ceases to use the person's property or opens the person's enclosures. A person to whom this section applies may not remove any part of the person's fence that forms a partition fence between the person's property and the enclosure of any other person until the person to whom this section applies has first given six (6) months notice of the person's intention to remove the fence to any person who may be interested in the removal of the fence.
[Pre-2002 Recodification Citation: 32-10-2-18.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-19. Removal of Fence Erected on Land of Another; Damages

Sec. 19. (a) This section applies to a person who, by mistake, erects a fence on the property of another person.
(b) Within six (6) months after the determination of the legal property line, a person to whom this section applies may enter upon the other person's property and remove the fence that the person to whom this section applies erected. Before entering upon the other person's property, the person to whom this section applies must pay or offer to pay to the other person reasonable damages for injury caused in passing over the property to remove the fence.
[Pre-2002 Recodification Citation: 32-10-2-19.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 2. Enclosures, Trespassing Animals, and Partition Fences › 32-26-2-20. Removal of Fence Erected on Land of Another; Safeguarding Crops

Sec. 20. If the fence to be removed under section 19 of this chapter forms any part of a fence enclosing a field of another party on which there is a crop, the person to whom section 19 of this chapter applies may not remove the fence in a manner that exposes the field until the crop:
(1) has been gathered and removed, or secured from injury; or
(2) might, with reasonable diligence, have been gathered and secured. After the conditions set forth in this section have been met, the person to whom section 19 of this chapter applies may immediately remove the fence and materials, whether or not more than six (6) months have elapsed since the legal property line was determined.
[Pre-2002 Recodification Citation: 32-10-2-20.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 3. Recording Agreements to Erect and Repair Fences › 32-26-3-1. Fencing Agreements Not Provided by Law

Sec. 1. Adjoining property owners who elect to erect, repair, maintain, or pay for fences separating their lands in a manner other than that set forth under this article shall do so by written agreement. When the agreement is signed by the adjoining property owners, the agreement must be recorded in the office of the recorder in the county or counties in which the adjoining properties are situated.
[Pre-2002 Recodification Citation: 32-10-3-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 3. Recording Agreements to Erect and Repair Fences › 32-26-3-2. Existing Rights Safeguarded

Sec. 2. This chapter may not be held or construed as annulling or abrogating any subsisting legal right created under or any cause of action that arose and was fully accrued under any law or agreement if the legal right became effective before January 1, 1950.
[Pre-2002 Recodification Citation: 32-10-3-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 4. Cutting Live Fences Along Public Highways › 32-26-4-1. Obstruction of View; Trimming and Maintaining; Application of Law

Sec. 1. (a) This chapter:
(1) does not apply to:
(A) a highway intersection located within a city or town; or
(B) a building of a substantial character that is located at the intersection of highways; and
(2) except for the provisions of this chapter concerning hedge fences, applies only to the intersection of a state highway with another state highway, a county highway, or a township highway.
(b) Except as provided in subsection (c), the owner of a hedge or live fence along the line of a highway shall cut and trim down the hedge or live fence to a height of not more than five (5) feet once in each calendar year.
(c) This subsection applies if a hedge, live fence, or natural growth other than a tree connects with or is found at a highway intersection, adjacent to a curve where the view of the highway may be obstructed, or at a railway right-of-way. The owner of a hedge, live fence, or other growth to which this subsection applies shall trim and maintain the hedge, live fence, or other growth at a height of not more than five (5) feet above the level of the center of the traveled road bed in the highway that adjoins the hedge, live fence, or other growth:
(1) throughout the year;
(2) for a distance of:
(A) one hundred (100) feet, if the obstruction is a hedge or live fence; or
(B) fifty (50) feet, if the obstruction consists of any other natural growths; and
(3) beginning at the intersection of the highway and continuing along the lines dividing the highways and the adjoining property.
(d) This subsection applies to a tree growing within fifty (50) feet of the intersection of a highway with:
(1) another highway; or
(2) a steam or interurban railroad.
The owner of a tree to which this subsection applies shall trim the tree so that the view at the intersection is not obstructed.
(e) Except for a natural elevation of land, an obstruction to the view at the intersection of a highway with another highway or a steam or interurban railroad that exceeds a height of five (5) feet above the center of the highway may not be maintained at the intersection.
(f) After May 22, 1933, a building may not be erected within fifty (50) feet of an intersection to which this chapter applies.
[Pre-2002 Recodification Citation: 32-10-4-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 4. Cutting Live Fences Along Public Highways › 32-26-4-2. Examination of Live Fences; Notice to Cut or Trim; Collection of Expenses

Sec. 2. (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.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 4. Cutting Live Fences Along Public Highways › 32-26-4-3. Actions; Recovering Expenses of Cutting or Trimming

Sec. 3. The prosecuting attorney shall prosecute a suit under section 2(e) of this chapter in the name of the state on relation of the supervisor or county highway superintendent. The prosecuting attorney shall receive a fee of ten dollars ($10), collected as a part of the costs of the suit, for bringing a suit under this section.
[Pre-2002 Recodification Citation: 32-10-4-3.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 5. Cutting Live Fences Between Adjoining Lands › 32-26-5-1. Height and Width of Hedge or Live Fence

Sec. 1. A hedge or other live fence grown along the lines dividing properties owned by different persons in Indiana shall be cut and trimmed down to the height of not more than five (5) feet and to a width of not more than three (3) feet once in each calendar year.
[Pre-2002 Recodification Citation: 32-10-5-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 5. Cutting Live Fences Between Adjoining Lands › 32-26-5-2. Complaint; Written Notice

Sec. 2. (a) Upon receiving a complaint in writing signed by an owner of land adjoining a hedge or fence to which this chapter applies alleging that the owner of the fence has neglected to cut and trim the hedge or fence, the township trustee shall examine, within five (5) days after receiving the complaint, the hedge or other live fence.
(b) If the hedge or other live fence that is the subject of the complaint under subsection (a) has not been cut and trimmed, the township trustee shall give the owner of the hedge or other live fence written notice to cut and trim the hedge or other live fence and to remove the brush to the owner's property within thirty (30) days after receiving the notice.
(c) The notice required under subsection (b) 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. If the owner of properties divided by the hedge or other live fence is not a resident of the township where the hedge or other live fence is located, 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 or the owner's agents or tenants do not cut and trim the fences and remove the brush, the trustee shall, immediately after the expiration of thirty (30) days, cause the hedge or other live fence to be cut and trimmed and the brush removed to the owner's property.
(e) The trustee shall recover all expenses incurred under subsection (d) by bringing a suit against the owner of the property on which the hedge or live fence is situated before the circuit court or the superior court of the county in which the hedge or other live fence is situated.
[Pre-2002 Recodification Citation: 32-10-5-2.]
As added by P.L.2-2002, SEC.11. Amended by P.L.201-2011, SEC.12; P.L.45-2016, SEC.3.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 5. Cutting Live Fences Between Adjoining Lands › 32-26-5-3. Actions and Proceedings; Recovery of Cutting and Trimming Expenses

Sec. 3. The prosecuting attorney shall prosecute a suit under this chapter in the name of the state on relation of a township trustee. The prosecuting attorney shall receive ten dollars ($10) collected as part of the cost of the suit, for bringing a suit under this section.
[Pre-2002 Recodification Citation: 32-10-5-3.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 6. Enclosure of Land Subject to Flooding › 32-26-6-1. Petition; Inspection; Assessment

Sec. 1. (a) The owners of real property in a county who own the major portion of the property in the county that is:
(1) improved and used for purposes of agriculture;
(2) in an area that is:
(A) definitely described by sections or subdivisions of sections; or
(B) sufficiently described by metes and bounds; and
(3) situated upon or near, and subject to overflow from:
(A) a stream;
(B) a watercourse;
(C) a lake;
(D) a pond; or
(E) a marsh;
may petition the board of commissioners of the county, asking permission to enclose the properties within one (1) general fence that has swinging gates on all public highways crossed by the fence. A petition under this subsection must set forth the kind of fence and gates desired.
(b) Upon the receipt of a petition under subsection (a), the board of county commissioners shall appoint as viewers three (3) reputable householders of the county who are not related by blood or marriage to any of the parties interested in the subject of the petition. After being sworn to faithfully and fairly perform the services required of them, the viewers shall proceed:
(1) within a reasonable time after the viewers' appointment; and
(2) after giving publication of the viewers' intention by posting written or printed notices describing the properties in the townships where the properties are located;
to inspect the properties and make an assessment against the owners of the properties for the cost of the fence.
(c) The cost of the fence shall be apportioned between the owners of the properties severally according to the number of acres of improved land owned by each owner and the benefits accruing to the owners severally because of the fence.
[Pre-2002 Recodification Citation: 32-10-6-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 6. Enclosure of Land Subject to Flooding › 32-26-6-2. Reports of Viewers; Order to Erect or Construct Fence

Sec. 2. (a) After having performed the duties required under section 1 of this chapter, the viewers shall, as soon as practicable, submit a report in writing to the board of county commissioners of the viewers' actions and a tabular statement of the viewers' assessment. The report submitted under this section is sufficient authority for the board of county commissioners to issue an order for the erection or construction of the fence and gates if there is no remonstrance against the erection of the fence and gates.
(b) If a remonstrance is made under subsection (a), the board of county commissioners may order or refuse to order the erection of the fence or gate, in the board's discretion.
(c) If the order under subsection (a) is not made because of a mistake or error committed by the viewers, other viewers may be appointed to perform the same service and submit a report.
[Pre-2002 Recodification Citation: 32-10-6-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 6. Enclosure of Land Subject to Flooding › 32-26-6-3. Affidavit of Unpaid Assessments

Sec. 3. (a) A certified copy of the report of the viewers, as approved by the board of commissioners, shall be filed in the office of the county auditor.
(b) Thirty (30) days after the fence and gates described in section 1 of this chapter have been constructed, any person interested in the fence and gates may make an affidavit before the county auditor showing which property owners have not paid their several assessments. The county auditor shall enter the sums assessed against the delinquent persons upon the tax duplicate to be collected by the treasurer as other taxes are collected. When the assessments have been collected, the money shall be paid out to the property owners who have voluntarily paid the cost of the fence, in proportion to the amount of the property owners' several assessments.
[Pre-2002 Recodification Citation: 32-10-6-3.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 6. Enclosure of Land Subject to Flooding › 32-26-6-4. Surveyors; Compensation of Viewers

Sec. 4. The viewers appointed under this chapter may, if necessary, employ a surveyor, who shall be paid for the surveyor's services as may be agreed upon. The board of county commissioners shall fix the compensation of the viewers for their services. The entire cost and expenses of the proceedings are a part of the cost of the erection of the fence and gates and shall be collected in the same manner.
[Pre-2002 Recodification Citation: 32-10-6-4.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 6. Enclosure of Land Subject to Flooding › 32-26-6-5. Stock Running at Large

Sec. 5. A person who owns property enclosed under this chapter may not allow stock to run at large upon the enclosed property during the period beginning March 16 and ending December 25 of any year.
[Pre-2002 Recodification Citation: 32-10-6-5.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 7. Recording Fencemarks; Removal of Marked Fencing From Overflowed Lands › 32-26-7-1. Rails and Plank Fencing; Record of Marks

Sec. 1. If petitioned by at least twenty (20) property owners in the county, the board of county commissioners shall furnish a blank book to the recorder of the county, paid for out of the county fund, in which the county recorder shall keep a record of marks of rails and plank fencing that are adopted by the property owners of the county.
[Pre-2002 Recodification Citation: 32-10-7-1.]
As added by P.L.2-2002, SEC.11.