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66-308. Construction of fences; hog-tight fence defined. (a) Any person, persons or corporations owning land by or through which any railroad or any electric interurban line has been or may be constructed, who has enclosed or may enclose the same or any part thereof, and adjacent to the line of such railroad or interurban line, with either a lawful fence or a hog-tight fence, may demand of such railroad or interurban company that it enclose its line next thereto with a lawful fence or hog-tight fence corresponding in class of fence to that maintained by the owner, and maintain the same except that the following shall constitute a hog-tight fence for the purpose of this act: A woven-wire fence not less than 26 inches high with not less than seven cables and meshes not to exceed six inches in length. The bottom mesh shall not be more than three inches wide; the second not more than three and one half inches wide, the third not more than four inches wide, the fourth not more than four and one half inches wide, the fifth not more than five inches wide, and the sixth not more than six inches wide. The bottom wire of the woven-wire fence shall be placed not to exceed two inches from the surface of the ground. And in addition to the woven wire already prescribed there shall be not less than three barbed wires placed above the woven wire. The first barbed wire above the woven wire shall be placed four inches above the top of the woven-wire fence. The second barbed wire shall be placed eight inches above the first barbed wire, and the third barbed wire to be placed eight inches above the second barbed wire; in all, 48 inches. The posts shall be of ordinary size for fence purposes and set in the ground at least two feet deep and not to exceed 16 feet apart. The barbs on the barbed wire shall not exceed six inches apart, such wire to be of not less than No. 13 standard gauge or wires having not less than 950 pounds breaking strength.

(b) For purposes of this section, an electrically charged wire fence described in K.S.A. 29-109 shall not be deemed a lawful fence.

History: L. 1885, ch. 154, § 1; L. 1897, ch. 168, § 1; L. 1909, ch. 189, § 1; R.S. 1923, 66-308; L. 1986, ch. 195, § 7; July 1.


1. This act declared constitutional and valid. Mo. Pac. Rly. Co. v. Harrelson, 44 Kan. 253, 255, 24 P. 465.

2. To recover value of fence landowner must prove it lawful. Mo. Pac. Rly. Co., v. Youngstrom, 47 Kan. 349, 351, 27 P. 982.

3. Fence voluntarily built; liability for neglect to keep in repair. Stanley v. Railway Co., 88 Kan. 84, 87, 127 P. 620.

4. Company builds fence under agreement; no occasion for a demand. Stanley v. Railway Co., 88 Kan. 84, 87, 127 P. 620.

5. Contract to maintain crossing without gates not against public policy. Atkinson v. Railway Co., 95 Kan. 828, 831, 149 P. 430.

6. Private farm crossings; public utilities commission without jurisdiction. Railroad Co. v. Utilities Commission, 98 Kan. 667, 669, 158 P. 863.

7. Gate must not be more than twenty-four inches above ground. Roman v. St. Louis-S. F. Rly. Co., 120 Kan. 585, 588, 245 P. 115.

8. Railroad not liable where landowner failed to complete fence. Samuelson v. Union Pacific Rld. Co., 136 Kan. 831, 832, 18 P.2d 122.

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