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Chapter 1. Fencing Associations
32-26-1-1. Enclosure of Lands; Articles of Association - Sec. 1. (a) Five (5) or more persons may form...
32-26-1-2. Notice of Election of Directors - Sec. 2. (a) Three (3) or more members of the...
32-26-1-3. Election of Directors - Sec. 3. At the election, at least five (5) of...
32-26-1-4. Articles of Association; Recording - Sec. 4. (a) After the election of directors, the association...
32-26-1-5. Petition; Viewers; Examination and Apportionment of Assessments - Sec. 5. (a) The board of directors shall petition the...
32-26-1-6. Assessments; Costs and Expenses of Improvements - Sec. 6. (a) At the time and place named by...
32-26-1-7. Viewers' Report and Assessments - Sec. 7. (a) The appointed viewers, after having completed their...
32-26-1-8. Annual Assessments - Sec. 8. (a) The board of directors may make annual...
32-26-1-9. Fences Erected Before Present Law - Sec. 9. (a) If the owners of land have, under...
32-26-1-10. Officers of Fencing Association - Sec. 10. (a) The board of directors shall appoint a...
32-26-1-11. Vacancy in Office of Director - Sec. 11. If a vacancy occurs in the office of...
32-26-1-12. Officers of Association; Term of Office - Sec. 12. The president, secretary, and treasurer continue in office...
32-26-1-13. Money Drawn by Treasurer - Sec. 13. The treasurer may not draw money, except upon...
32-26-1-14. Treasurer; Presenting Vouchers and Settling With Board - Sec. 14. Each year, before the expiration of the treasurer's...
32-26-1-15. Supplemental Assessments - Sec. 15. (a) If the board of directors finds that...
32-26-1-16. Assessments; Installment Payments - Sec. 16. The board of directors may, without reference to...
32-26-1-17. Assessments; Enforcing Payment - Sec. 17. Payment of the assessments may be enforced by...
32-26-1-18. Proposed Work; Contracts; Advertisements - Sec. 18. (a) The proposed work shall be awarded by...
32-26-1-19. Appropriation of Land; Assessment of Damages - Sec. 19. If the association wishes to appropriate any land...
32-26-1-20. Incorrect or Imperfect Description of Proposed Work - Sec. 20. Every association organized under this chapter with the...
32-26-1-21. Limitation of Actions to Enforce Assessment - Sec. 21. An association may not commence an action to...
32-26-1-22. Rules or Regulations; Powers of Fencing Association - Sec. 22. The association may pass any rules and impose...
32-26-1-23. Throwing Down Common Fence - Sec. 23. A person may not throw down the common...
32-26-1-24. Permitting Animals to Run at Large Within Enclosed Area - Sec. 24. It is a Class C infraction for a...
32-26-1-25. Stock Roving Within Enclosed Area - Sec. 25. (a) Any stock found roving about in the...
Chapter 2. Enclosures, Trespassing Animals, and Partition Fences
32-26-2-1. Lawful Fences - Sec. 1. (a) As used in this chapter, "lawful fence"...
32-26-2-2. Domestic Animal Breaking Into Enclosure - Sec. 2. (a) This subsection applies in a township for...
32-26-2-3. Tender of Costs and Damages; Confession of Judgment - Sec. 3. (a) The owner of a domestic animal described...
32-26-2-4. Strays; Confining Domestic Animal - Sec. 4. Except as provided in this chapter, if a...
32-26-2-5. Notice to Owner; Confining Domestic Animal - Sec. 5. A person described in section 4 of this...
32-26-2-6. Examination and Assessment of Damages - Sec. 6. Before posting or advertising a stray animal, a...
32-26-2-7. Notice or Advertisement of Confined Domestic Animal - Sec. 7. A notice or advertisement described in section 6...
32-26-2-8. Owner Demanding Trespassing Stray From Confiner - Sec. 8. The owner of a stray animal confined under...
32-26-2-9. Trial; Owner Controverting Damages or Denying Trespass - Sec. 9. (a) Within five (5) days after the owner...
32-26-2-10. Jury Trial - Sec. 10. Either party in an action filed under section...
32-26-2-11. Damages and Costs; Payment Before Recovering Property - Sec. 11. If damages are assessed against the owner of...
32-26-2-12. Judgment; Trespass Not Committed by Animal Confined - Sec. 12. If the verdict or finding in a trial...
32-26-2-13. Sale of Trespassing Strays; Retention of Damages and Costs - Sec. 13. If a stray animal confined under section 4...
32-26-2-14. Release of Trespassing Animal; Fence Not Lawful - Sec. 14. In an action filed under this chapter, if...
32-26-2-15. Existing Fence Becoming Partition Fence; Compensation - Sec. 15. When a fence that is already erected becomes...
32-26-2-16. Existing Fence Becoming Partition Fence; Action for Payment - Sec. 16. (a) If a person who encloses previously unenclosed...
32-26-2-17. Joining Fence to Fence of Another - Sec. 17. A person who encloses property that has previously...
32-26-2-18. Notice; Intention to Remove Partition Fence - Sec. 18. This section applies to a person who ceases...
32-26-2-19. Removal of Fence Erected on Land of Another; Damages - Sec. 19. (a) This section applies to a person who,...
32-26-2-20. Removal of Fence Erected on Land of Another; Safeguarding Crops - Sec. 20. If the fence to be removed under section...
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,...
32-26-3-2. Existing Rights Safeguarded - Sec. 2. This chapter may not be held or construed...
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:...
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...
32-26-4-3. Actions; Recovering Expenses of Cutting or Trimming - Sec. 3. The prosecuting attorney shall prosecute a suit under...
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...
32-26-5-2. Complaint; Written Notice - Sec. 2. (a) Upon receiving a complaint in writing signed...
32-26-5-3. Actions and Proceedings; Recovery of Cutting and Trimming Expenses - Sec. 3. The prosecuting attorney shall prosecute a suit under...
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...
32-26-6-2. Reports of Viewers; Order to Erect or Construct Fence - Sec. 2. (a) After having performed the duties required under...
32-26-6-3. Affidavit of Unpaid Assessments - Sec. 3. (a) A certified copy of the report of...
32-26-6-4. Surveyors; Compensation of Viewers - Sec. 4. The viewers appointed under this chapter may, if...
32-26-6-5. Stock Running at Large - Sec. 5. A person who owns property enclosed under this...
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...
32-26-7-2. Fees for Recording Marks - Sec. 2. The county recorder shall charge a fee in...
32-26-7-3. Floods Removing Rails or Plank Fencing; Recovery From Land of Another - Sec. 3. Any person who has the person's rails or...
Chapter 8. Recovery of Property Moved by High Water
32-26-8-1. Rights of Property Owners; Arbitration - Sec. 1. (a) When the fence rails or other property...
32-26-8-2. Oath of Arbitrators - Sec. 2. Before the arbitrators proceed under section 1 of...
32-26-8-3. Notice of Arbitration - Sec. 3. If at least ten (10) persons claim the...
32-26-8-4. Persons Recovering Property Not Trespassers - Sec. 4. It is not a trespass for a person...
Chapter 9. Partition Fences
32-26-9-0.5. "Agricultural Land"; Nonapplicability of Chapter - Sec. 0.5. (a) As used in this section, "agricultural land"...
32-26-9-1. Existing Fences - Sec. 1. A fence that is used by adjoining property...
32-26-9-2. Lands Outside or Abutting Municipal Boundary - Sec. 2. (a) The owner of a property that: (1)...
32-26-9-3. Defaulting Landowner; Description of Lawful Partition Fence; Floodgate Across Watercourse - Sec. 3. (a) A partition fence shall be built, rebuilt,...
32-26-9-4. Expenses; Construction and Maintenance by Township - Sec. 4. (a) As soon as the township trustee has...
32-26-9-5. Construction and Maintenance by Township; Personal Liability of Trustees - Sec. 5. The township trustee has no personal liability for...
32-26-9-6. Construction and Application of Law - Sec. 6. This chapter shall be liberally construed in favor...
Chapter 10. Spite Fences as Nuisance
32-26-10-1. Description of Spite Fence - Sec. 1. A structure in the nature of a fence...
32-26-10-2. Damages - Sec. 2. (a) An owner or occupant injured either in...