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29-105. Barbed-wire fence deemed legal fence; construction. (a) Except as otherwise provided in subsection (b), and in addition to fence declared by law to be a legal fence, the following shall be a legal fence: A barbed-wire fence, of not less than three wires, with the third wire from the ground not less than 44 inches nor more than 48 inches from the ground, and the bottom wire not more than 24 inches nor less than 18 inches from the ground, with the center wire equidistant, or nearly so, between upper and lower wires. All such wires shall be well stretched and barbed, barbs to average not more than nine inches apart and such barbed wire shall be composed of two wires not smaller than No. 13, or one wire not smaller than No. 9, or wires having not less than 950 pounds breaking strength. All such wires shall be securely fastened to posts, which shall not be more than two rods apart and not less than 20 inches in the ground, and set in a workmanlike manner or the posts may be not more than 48 feet apart, with slats placed perpendicularly, not more than 12 feet apart, between the posts and fastened to the wires by staples, or with holes in the slats. Suspension fences shall not be subject to the requirements of this section.

(b) The board of county commissioners of any county, by resolution, may establish for a barbed-wire fence constructed after the effective date of such resolution construction requirements which are more stringent than the requirements under subsection (a). In those cases where a barbed-wire fence is located on a county line, the least restrictive requirements for construction of such fence shall apply.

History: L. 1883, ch. 113, § 1; R.S. 1923, 29-105; L. 1986, ch. 195, § 4; July 1.

Cross References to Related Sections:

Hog-tight partition fence, see 29-319.

CASE ANNOTATIONS

1. Gate on railroad right-of-way should conform to legal fence requirements; railroad liable for injuries to animals on tracks because of defective gate. Roman v. St. Louis-S.F. Rly. Co., 120 K. 585, 245 P. 115.

2. Damage action; bull escaped through fence killing another; petition sufficient against demurrer. Bates v. Alliston, 186 K. 548, 550, 352 P.2d 16.

3. Damage action; automobile collision with cow; instructions and alleged trial errors considered; judgment upheld. Clark v. Carson, 188 K. 261, 266, 362 P.2d 71.


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