Oklahoma 2022 Regular Session

Oklahoma House Bill HB4410 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 4410 By: Lowe (Dick)
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38	38	AS INTRODUCED
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40	40	An Act relating to fences; amending 4 O.S. 2021,
41	41	Sections 141 and 154, which relate to fence viewers
42	42	and lawful fences; amending who chooses fence
43	43	viewers; increasing maximum allowable fee to be paid
44	44	to fence viewers; changing who appoints fence viewers
45	45	if either of the interested parties fails to appoint
46	46	a viewer; providing that electric fences are lawful
47	47	fences in certain circumstanc es; providing
48	48	requirements for electric fences to be lawful fenc es;
49	49	and providing an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 4 O.S. 2021, Section 141, is
56	56	amended to read as f ollows:
57	57	Section 141. Fence viewers herein designated shall consist of
58	58	three (3) disinterested freeholders, one to be chosen by each of t he
59	59	interested parties, and the two so one chosen shall choose the third
60	60	person by the board of county commissioners, and the three so chosen
61	61	shall proceed to discharge the duties of fence viewers as herein
62	62	provided. Such fence viewers to be allowed One Dollar ($1.00) a fee
63	63	established by the board of county commissioners not to exceed
64	64	Twenty Dollars ($20.00) per day each, to be paid by the interested
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91	91	parties: Provided, that if either party shall fail or refuse to
92	92	appoint such fence viewers, as herein pro vided, within three (3)
93	93	days after so requested to do by the other interested party, then
94	94	the county sheriff clerk shall, on application of the party making
95	95	the request for fence viewers, appoint such fence viewer for such
96	96	party so failing or refusing to a ppoint.
97	97	SECTION 2. AMENDATORY 4 O.S. 2021, Section 154, is
98	98	amended to read as follows:
99	99	Section 154. A fence made of three rails of good substantial
100	100	material, or three boards not less than six (6) inches wide and
101	101	three-quarters (3/4) of an inch thick, such rails or boards to be
102	102	fastened in or to good substantial posts not more than ten (10) feet
103	103	apart where rails are used, and not more than eight (8) feet apart
104	104	where boards are used, where either wholly or in part substantially
105	105	built and kept in good repair, or any other kind of fence, which, in
106	106	the opinion of the fence viewers shall be equivalent th ereto, shall
107	107	be declared a lawful fence: Provided, that the lowest or bottom
108	108	rail, wire or board shall not be more than twenty (20) or less than
109	109	sixteen (16) inches from the ground, and that such fence shall be
110	110	fifty-four (54) inches in height, except tha t a barb wire fence may
111	111	consist of three barb wires, or four wires, two of which shall be
112	112	barbed, the wires to be firmly fastened to th e posts not more than
113	113	two (2) rods apart, with two stays between the posts, or with posts
114	114	not more than one (1) rod apart without such stays, the top wire to
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141	141	be not less than fifty -four (54) nor more than fifty -eight (58)
142	142	inches in height, and the bottom w ire to be not more than twenty
143	143	(20) or less than sixteen (16) inches from the ground: Provided,
144	144	further, that all partit ion fences may be made tight at the expense
145	145	of the party desiring it, and such party may take from such fence
146	146	the material by him added thereto whenever he may elect; provided,
147	147	an electrified fence, constructed to temporarily border grazing
148	148	lands for a specific grazing season, will be deemed a lawful fence
149	149	if it is at least one strand of 14 -gauge wire (or its equivalent)
150	150	and not more than forty (40) inches from the ground but at least
151	151	twenty (20) inches from the ground. And provided, further, that
152	152	when the owner or occupants of adjoining lands both use the fence
153	153	for the purpose of restraining swine, goats or sheep, each of said
154	154	owners or occupants shall keep th eir respective share of the
155	155	partition fence sufficiently tight to restrain such sheep, goats or
156	156	swine.
157	157	SECTION 3. This act shall become effective November 1, 2022.
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159	159	58-2-9896 JL 01/07/22