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House Bill 2270 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2270
(By Delegates Vest, Faircloth, Huffman and Compton)
[Passed April 10, 1993; in effect ninety days from passage]
AN ACT to repeal section nine, article seventeen, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section eight of said article, relating to abolishing the
requirement that disputes between adjoining landowners
concerning partition fences be settled by arbitration;
permitting adjoining landowners to bring civil action to
settle disputes between them concerning partition fences;
and limiting liability of adjoining landowners for the cost
of construction, repair or maintenance of a particular type
of partition fence.
Be it enacted by the Legislature of West Virginia:
That section nine, article seventeen, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; and that section eight of said article
be amended and reenacted to read as follows:
ARTICLE 17. FENCES.
§19-17-8. Disputes relating to partition fences.
If a dispute arises between the owners of adjoining landsconcerning the proportion or particular part of a fence to be
built or maintained by either of them, or the amount to be paid
by one party to the other for any fence already built or
maintained, either party may proceed by civil action in a
magistrate or circuit court, as shall have jurisdiction of the
amount or value in controversy, within the county in which any
portion of the partition built or to be built, is or is to be
located, to determine the amount to be paid by one party to the
other for the just proportion of the costs of any construction,
repair or maintenance of the partition fence. The person who is
required to share in the cost of the construction, repair or
maintenance of the partition fence shall not be liable for more
than one half of the cost of the construction, repair or
maintenance of a fence which meets the standards of subdivision
(e), section one of this article.
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