Committee Substitute
House Bill 2270 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2270
(By Delegates Vest, Faircloth, Huffman and Compton)
(Originating in the House Committee on the Judiciary)
[March 17, 1993]
A BILL 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as amended, be repealed; and that section eight of said article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 lands
concerning 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, or the kind of fence to be built and maintained by
the parties, or any other matters relating to the building or
maintenance of a partition fence between them, such dispute shall
be settled by three freeholders to be agreed upon by them as
arbitrators; and, if they cannot agree, by three disinterested
freeholders to be appointed as arbitrators by the county court on
motion of either party, after reasonable notice to the other.
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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