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