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: |
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765 ILCS 130/3 | from Ch. 54, par. 3 |
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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.
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| | A BILL FOR |
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| | | HB5814 | | LRB098 17755 HEP 52875 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fence Act is amended by changing Section 3 | 5 | | as 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, | 9 | | when When 2 or more persons have lands adjoining, each of them | 10 | | shall
make and maintain a just proportion of the division fence | 11 | | between them . | 12 | | (b) If the division fence between adjoining lands is , and
| 13 | | if such fence shall be a hedge fence, then the owner or owners | 14 | | of such
hedge fence shall, during the year after such hedge has | 15 | | attained the age of
7 years, cut back or trim such hedge fence | 16 | | to a height not to exceed 4
feet, and shall at least once in | 17 | | every 2 years thereafter, cut back or trim
such hedge fence to | 18 | | the height of 5 feet. The provisions of this section
shall not | 19 | | apply to any hedge fence protecting either an orchard, | 20 | | buildings
or wind break, nor shall the provisions of this | 21 | | Section apply to any such
fence for the preservation of | 22 | | wildlife and protection against soil erosion.
Such hedge fences | 23 | | protecting wildlife, or orchards, or buildings or
windbreaks, |
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| 1 | | and such fences protecting against soil erosion shall not
| 2 | | exceed 60 rods in length. If the owner or owners of such hedge | 3 | | fence shall
fail or refuse to comply with the provisions of | 4 | | this act, on or before the
15th day of June in the year that | 5 | | such hedge should be cut or trimmed, any
one of the owners of | 6 | | such division fence having complied with the
provisions of this | 7 | | act may give the owner or owners, or their agents, of
any such | 8 | | uncut or untrimmed hedge, 10 days notice, in writing to cut or
| 9 | | trim such hedge. And should the owner or owners, or their | 10 | | agents so
notified fail or refuse to comply with such notice it | 11 | | shall be lawful for
the person giving the notice to cut or trim | 12 | | or cause to be cut or trimmed,
in accordance with law, and the | 13 | | cost and damage of cutting or trimming such
hedge may be | 14 | | recovered off of the owner or owners of such hedge before any
| 15 | | court of competent jurisdiction.
| 16 | | (c) If one of 2 adjoining landowners does not own | 17 | | livestock, the landowner who owns livestock shall pay the | 18 | | entire cost of building and maintaining the division fence | 19 | | between the adjoining lands. If the landowner that owned no | 20 | | livestock subsequently commences raising livestock, the | 21 | | landowner that built the fence is entitled to reimbursement | 22 | | from the other landowner for 50% of the construction and | 23 | | maintenance costs of the fence. | 24 | | (Source: Laws 1965, p. 3536.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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