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.
Structure Indiana Code
Chapter 1. Fencing Associations
32-26-1-1. Enclosure of Lands; Articles of Association
32-26-1-2. Notice of Election of Directors
32-26-1-3. Election of Directors
32-26-1-4. Articles of Association; Recording
32-26-1-5. Petition; Viewers; Examination and Apportionment of Assessments
32-26-1-6. Assessments; Costs and Expenses of Improvements
32-26-1-7. Viewers' Report and Assessments
32-26-1-9. Fences Erected Before Present Law
32-26-1-10. Officers of Fencing Association
32-26-1-11. Vacancy in Office of Director
32-26-1-12. Officers of Association; Term of Office
32-26-1-13. Money Drawn by Treasurer
32-26-1-14. Treasurer; Presenting Vouchers and Settling With Board
32-26-1-15. Supplemental Assessments
32-26-1-16. Assessments; Installment Payments
32-26-1-17. Assessments; Enforcing Payment
32-26-1-18. Proposed Work; Contracts; Advertisements
32-26-1-19. Appropriation of Land; Assessment of Damages
32-26-1-20. Incorrect or Imperfect Description of Proposed Work
32-26-1-21. Limitation of Actions to Enforce Assessment
32-26-1-22. Rules or Regulations; Powers of Fencing Association
32-26-1-23. Throwing Down Common Fence
32-26-1-24. Permitting Animals to Run at Large Within Enclosed Area