Chapter 28 - Fences And Cattle Guards
CHAPTER 28 - FENCES AND CATTLE GUARDS
11-28-101. Who considered owner.
Any person occupying, using, enjoying,maintaining or having the charge of any enclosure shall be considered the ownerthereof, in any action commenced under the provisions of W.S. 11-28-101 through11-28-108.
11-28-102. Lawful fences generally.
(a) The following are lawful fences in this state:
(i) A fence made of steel, concrete or sound wooden posts andthree (3) spans of barbed wire not more than fifteen (15) inches or less thanten (10) inches apart, or two (2) spans of barbed wire with a wooden rail ontop. Wooden posts shall be at least four (4) inches in diameter. Posts shall beset firmly in the ground at least twenty (20) inches deep, at no greaterdistance apart than twenty-two (22) feet between the posts or thirty-three (33)feet with at least two (2) iron or wooden stays between the posts. Stays shallbe placed equal distance apart from themselves and the post on either side;
(ii) A post and board fence made of sound posts not less thanfour (4) inches in diameter set substantially in the ground not more than ten(10) feet apart, with three (3) boards sold as one (1) inch lumber eight (8)inches wide, and not more than ten (10) inches apart, or four (4) boards soldas one (1) inch lumber six (6) inches wide, not more than eight (8) inchesapart, securely fastened with nails or otherwise;
(iii) A four (4) pole fence with round poles not less than two(2) inches in diameter at the small end, with either upright or leaning postsnot more than sixteen (16) feet apart, and securely fastened with nails, wiresor otherwise.
(b) All other fences made and constructed of boards, rails,poles, stones, hedge plants or other material which upon evidence is declaredto be as strong and well calculated to protect enclosures, and is as effectivefor resisting breaching stock as those described in subsection (a) of thissection, shall be considered a lawful fence.
(c) Any fence enclosing any hay corral situated outside of anyfield or pasture enclosed by a lawful fence, shall be at least six (6) feethigh, constructed of boards, poles or wire. The posts shall not be more thaneight (8) feet apart and set twenty-four (24) inches in the ground. If thefence is constructed of barbed wire there shall be at least seven (7) spans ofwire, and all wires shall be kept properly stretched. Any fence better than theabove described fence is a lawful fence.
11-28-103. Constructing of unlawful wire fence; liability and penalty;reconstruction required; penalty for failure.
(a) Any person who constructs or maintains any unlawful wirefence contrary to this act [ 11-28-101 through11-28-108], is liable in a civil action for all damages to animals that mayoccur by reason of the unlawful enclosure. The owner of any unlawful wire fenceis guilty of a misdemeanor and shall be fined not less than five dollars($5.00) nor more than twenty-five dollars ($25.00), and for each subsequentoffense the fine shall not be less than twenty-five dollars ($25.00) nor morethan one hundred dollars ($100.00).
(b) The owner of any unlawful wire fence shall, within thirty(30) days after conviction, reconstruct the wire fence into a lawful wirefence. If he fails or refuses to do so, the owner is guilty of a separateoffense and on conviction thereof, shall be punished as provided in subsection(a) of this section. Each period of thirty (30) days thereafter that the ownerrefuses or neglects to reconstruct the unlawful fence is a separate offense andthe owner is subject to like punishment.
11-28-104. Fences across roads generally.
All fences constructed across a roadleading to a watering place, or constructed across any road used as a publicroad, shall at the point where the fence intersects or crosses the road beconstructed of boards or poles extending not less than eight (8) feet on eachside of the middle of the road. The owner of any fence that violates thissection is guilty of a misdemeanor and shall be punished as provided in W.S.11-28-103(a).
11-28-105. Board of county commissioners to authorize lawful fencesupon right-of-way.
The board of county commissioners mayauthorize the erection of a lawful fence upon the right-of-way of any publicroad at the expense of the petitioners for the establishment of the roads, oras may be agreed upon between petitioners and the board of countycommissioners, or at the expense of the owners of lands to be benefited by thefencing or at the expense of the county, as the board of county commissionersmay determine. The board shall locate and cause to be constructed gates andcattle guards at such intervals as it deems necessary for the convenience ofthe public. Cattle guards shall be constructed according to specificationprescribed by the state highway department, under the supervision of the countysurveyor or county commissioners at the expense of the petitioners, the landowners who may be benefited, or the county as the board of county commissionersmay determine.
11-28-106. Construction and maintenance of partition fences.
The owner of any lawful fence which is orbecomes a partition fence separating the owner's land from that belonging tosome other person may require the person to pay for one-half (1/2) of what itwould or does actually cost to construct the partition fence. In case ofrefusal, the owner may maintain a civil action against the person refusing andis entitled to recover one-half (1/2) of what it would or did actually cost toconstruct that portion of the partition fence used by the person and costs ofsuit. The joint users of a partition fence shall contribute to the cost ofmaintenance in proportion to their respective interests and if either refusesto pay his share of the cost of maintenance, the other may recover maintenancecosts in the manner provided for recovering the cost of construction.
11-28-107. Prohibited acts; penalties.
Any person who willfully or negligentlyleaves open, breaks down or destroys any bars or gate provided for the use andconvenience of the public, or willfully tears down, throws down or destroys inany manner any lawful fence, is guilty of a misdemeanor and shall be fined notmore than one hundred dollars ($100.00), or imprisoned not more than three (3)months, or both.
11-28-108. Liability for breach into lawful enclosure by animal; civilaction or arbitration.
(a) Any person owning or having in his possession or charge anylivestock or domesticated buffalo which breaches into any lawful enclosurebelonging to someone other than the owner of the animal, is liable to the partysustaining the injury for all damages sustained by reason of such breaching.Damages may be recovered in a civil action before any court havingjurisdiction, or by arbitration, each party to select a property holder and thetwo (2) arbitrators to select a third. The arbitrators shall be sworn before ajudge of a circuit court before entering upon their duties. The arbitratorsshall carefully examine the fence and assess the damage done, examine witnessesunder oath, one (1) of them to administer the oath to the witnesses, and make awritten report signed by at least two (2) of the arbitrators, to the circuitcourt in the county in which the damage is sustained. The finding of thearbitration, as provided for in this section, shall within three (3) days afterrendered, be filed with a judge of a circuit court in the county where thetrespass was committed, who shall enter the cost upon his docket and proceed toissue execution therein as in other cases originally commenced before him.
(b) The party sustaining the damage shall notify the owner orperson having in charge the offending animals, of the damage and the probableamount if he knows to whom the animals belong and if the owner or keeperresides within the county where the damage was committed.
(c) The person suffering damage may restrain and keep incustody as many of the offending animals as are equal in value to the damagedone, until the finding of the court or arbitration is ascertained, unlessbefore suit the amount of his claim and expense of keeping the animals istendered to him.
(d) If, upon trial of any action under subsection (a) of thissection, it appears the plaintiff's enclosure is a lawful fence, he shall beallowed to prove the amount of damage sustained and if he has retained incustody the animals committing the damage, the amount of expense incurred for keepingthe animals. Any judgment rendered for damages, costs and expenses against thedefendant shall be a lien upon the animals committing the damage. If it appearsupon trial that the plaintiff's enclosure is not a lawful fence or that nodamage was sustained, judgment shall be rendered against the plaintiff forcosts of suit and damages sustained by defendant.
(e) If upon trial it appears the defendant is not the owner orperson in charge of the offending animals, he shall be discharged from theaction with his costs, and the suit may proceed against a defendant whose nameis unknown. If, at the commencement of the action, the plaintiff does not knowthe name of the owner or keeper of the offending animals, he may bring suitagainst a defendant unknown.