Printable Format29-101. Enclosure of domestic animals with fence required. All domestic animals, other than cats and dogs, shall be enclosed with a fence sufficiently close, composed of posts and rails, posts and palings, posts and planks or palisades, posts and wire, rails alone, laid up in the manner commonly called a worm fence, or turf, with ditches on each side, of stone, or a hedge in existence on July 1, 1986, composed either of thorn or Osage orange.
History: G.S. 1868, ch. 40, § 1; R.S. 1923, 29-101; L. 1986, ch. 195, § 2; July 1.
Law Review and Bar Journal References:
"The Kansas Law of Livestock Trespass," Robert C. Casad, 10 K.L.R. 55 (1961).
Attorney General's Opinions:
Legal enclosures; legal and sufficient fences. 85-54.
Enclosure of domestic animals. 87-28.
CASE ANNOTATIONS
1. Chapter modifies the common law; herd law of 1868 is unconstitutional and void. Darling v. Rodgers, 7 K. 592, 599.
2. Power conferred on county commissioners relating to stock not objectionable. Noffzigger v. McAllister, 12 K. 315, 322.
3. County commissioners, power to pay bounty for growing hedges. Comm'rs of Marion Co. v. Hoch, 24 K. 778, 780.
4. Owner of trespassing animals not liable unless land legally fenced; fence law of 1868 inoperative where herd law adopted. Railway Co. v. Olden, 72 K. 110, 112, 83 P. 25.
5. No recovery for damages by stock escaping without owner's fault. Hazelwood v. Mendenhall, 97 K. 635, 637, 156 P. 696.
6. Act not applicable where bull causing injury was in custody. Bertram v. Burton, 129 K. 31, 281 P. 892.
7. Laws relating to loose stock discussed in construing 47-122. Wilson v. Rule, 169 K. 296, 298, 301, 219 P.2d 690; Abbott v. Howard, 169 K. 305, 309, 313, 219 P.2d 696.
8. Damage action; bull escaped through fence killing another; petition sufficient against demurrer. Bates v. Alliston, 186 K. 548, 550, 352 P.2d 16.