Illinois General Assembly - Full Text of HB5814
Illinois General Assembly

Previous General Assemblies

Full Text of HB5814  98th General Assembly

HB5814 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5814

 

Introduced , by Rep. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 130/3  from Ch. 54, par. 3

    Amends the Fence Act. Provides that if one of 2 adjoining landowners does not own livestock, the landowner who owns livestock shall pay the entire cost of building and maintaining the division fence between the adjoining lands. Provides that if the landowner that owned no livestock subsequently commences raising livestock, the landowner that built the fence is entitled to reimbursement from the other landowner for 50% of the construction and maintenance costs of the fence. Effective immediately.


LRB098 17755 HEP 52875 b

 

 

A BILL FOR

 

HB5814LRB098 17755 HEP 52875 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fence Act is amended by changing Section 3
5as follows:
 
6    (765 ILCS 130/3)  (from Ch. 54, par. 3)
7    Sec. 3. Division fences.
8    (a) Except as provided in subsection (c) of this Section,
9when When 2 or more persons have lands adjoining, each of them
10shall make and maintain a just proportion of the division fence
11between them.
12    (b) If the division fence between adjoining lands is , and
13if such fence shall be a hedge fence, then the owner or owners
14of such hedge fence shall, during the year after such hedge has
15attained the age of 7 years, cut back or trim such hedge fence
16to a height not to exceed 4 feet, and shall at least once in
17every 2 years thereafter, cut back or trim such hedge fence to
18the height of 5 feet. The provisions of this section shall not
19apply to any hedge fence protecting either an orchard,
20buildings or wind break, nor shall the provisions of this
21Section apply to any such fence for the preservation of
22wildlife and protection against soil erosion. Such hedge fences
23protecting wildlife, or orchards, or buildings or windbreaks,

 

 

HB5814- 2 -LRB098 17755 HEP 52875 b

1and such fences protecting against soil erosion shall not
2exceed 60 rods in length. If the owner or owners of such hedge
3fence shall fail or refuse to comply with the provisions of
4this act, on or before the 15th day of June in the year that
5such hedge should be cut or trimmed, any one of the owners of
6such division fence having complied with the provisions of this
7act may give the owner or owners, or their agents, of any such
8uncut or untrimmed hedge, 10 days notice, in writing to cut or
9trim such hedge. And should the owner or owners, or their
10agents so notified fail or refuse to comply with such notice it
11shall be lawful for the person giving the notice to cut or trim
12or cause to be cut or trimmed, in accordance with law, and the
13cost and damage of cutting or trimming such hedge may be
14recovered off of the owner or owners of such hedge before any
15court of competent jurisdiction.
16    (c) If one of 2 adjoining landowners does not own
17livestock, the landowner who owns livestock shall pay the
18entire cost of building and maintaining the division fence
19between the adjoining lands. If the landowner that owned no
20livestock subsequently commences raising livestock, the
21landowner that built the fence is entitled to reimbursement
22from the other landowner for 50% of the construction and
23maintenance costs of the fence.
24(Source: Laws 1965, p. 3536.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.