CHAPTER 1. FENCING ASSOCIATIONS
IC 32-26
ARTICLE 26. FENCES
IC 32-26-1
Chapter 1. Fencing Associations
IC 32-26-1-1
Enclosure of lands; articles of association
Sec. 1. (a) Five (5) or more persons may form a fencingassociation if the persons are interested in:
(1) enclosing land with one (1) general fence; or
(2) doing any other work necessary to protect land and to securecrops raised on land.
(b) The enclosed land described in subsection (a) must be:
(1) improved land;
(2) used for purposes of cultivation; and
(3) situated in an area that is:
(A) definitely described by sections or subdivisions ofsections; or
(B) sufficiently described by metes and bounds, and on ornear any stream, watercourse, lake, pond, or marsh, andsubject to overflow from any stream, watercourse, lake,pond, or marsh.
(c) The association shall adopt and subscribe articles, which mustspecify the name and objects of the association.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-2
Notice of election of directors
Sec. 2. (a) Three (3) or more members of the association may givenotice of an election to choose directors for the association.
(b) The notices must:
(1) be written or printed;
(2) specify the time and location of the election; and
(3) be posted for at least ten (10) days before the election in atleast five (5) public places in each township where thecontemplated work will occur.
(c) The location of the election must be near the contemplatedwork.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-3
Election of directors
Sec. 3. At the election, at least five (5) of the association membersshall elect by ballot at least three (3) but not more than seven (7)association members as directors of the association.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-4
Articles of association; recording Sec. 4. (a) After the election of directors, the association shallrecord articles of association in the office of the recorder of thecounty where the proposed fence will be located.
(b) The articles must specify the following:
(1) The name and objects of the association.
(2) The names of the association's officers for the first year.
(3) The character of the work proposed.
(4) The location where the fence is to be located.
(c) After recording the articles of association, the association is abody corporate and politic by the name and style adopted, with allthe rights, incidents, and liabilities of bodies corporate.
(d) Any person owning land in the area may at any time becomea member of the association by signing the articles of association.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-5
Petition; viewers; examination and apportionment of assessments
Sec. 5. (a) The board of directors shall petition the board ofcommissioners of the county where the fence is to be located.
(b) The petition must do the following:
(1) Be signed by the owners of the major part of the improvedland.
(2) Give a full description of the contemplated work, specifyingparticularly:
(A) the points of beginning and ending of the work;
(B) the course and distances of the work;
(C) the manner and character of the gates to be placed on allpublic highways crossed;
(D) the nature and character of the improvement;
(E) a detailed statement of the projected cost, as accuratelyas the projected cost can conveniently be stated; and
(F) the description of the area to be enclosed.
(3) Request the appointment of viewers to view and apportionamong the owners of real estate in the area the cost of theimprovement, and all expenses that:
(A) are incurred procuring the improvement; and
(B) are considered to be necessary in maintaining theimprovement for one (1) year after the completion of thefence.
(c) The apportionment of the cost and expenses incurred underthis chapter must be made according to the number of acres of landowned by each landowner that is improved and used for the purposesof cultivation, as described in section 6 of this chapter.
(d) The board of commissioners, on proof that the signers of thepetition own the major part of the improved land in the area, shallhear and consider the petition. If the board of commissioners decidesthe improvement is a public utility and is in the best interests of theowners of the lands in the area, the board of commissioners shallappoint three (3) viewers.
(e) The viewers, who may not be members of the association or
interested in the proposed work, shall make the apportionmentsdescribed in subsection (b)(3) among the landowners.
(f) The viewers shall be furnished:
(1) a copy of the plan and profile of the proposed work; and
(2) a certified copy of the order of the board of commissionersfor their appointment.
(g) The viewers shall meet at a time and place in the area to makethe apportionment as fixed by the board of commissioners.
(h) Before the apportionment begins, the owners of improved landin the area are entitled to notice of the time when and place where theviewers will begin the examination of lands and the apportionmentof assessments by written or printed notices posted at the door of thecourthouse of the county and five (5) public places in the area.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-6
Assessments; costs and expenses of improvements
Sec. 6. (a) At the time and place named by the board ofcommissioners and fixed by the notices, the appointed viewers shalldo the following:
(1) Meet and inspect the lands improved and used forcultivation in the area.
(2) Assess against the owners of the improved land the costsand expenses of the improvement. The costs and expenses shallbe apportioned among them severally, according to the numberof acres of improved land owned by each owner.
(3) Hear and determine any complaints at that time regardingthe assessment.
(b) The appointed viewers have the authority to:
(1) hear evidence;
(2) swear and examine witnesses;
(3) reexamine any lands;
(4) cause surveys and measurements to be made; and
(5) adjourn periodically until the viewers complete theapportionment of assessments.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-7
Viewers' report and assessments
Sec. 7. (a) The appointed viewers, after having completed theirapportionment, shall submit a written report of their work to theboard of commissioners, together with a tabular statement of theassessments made.
(b) The directors of the association shall record the written reportby the appointed viewers in the office of the recorder of the county.
(c) From the recording date of the written report, the assessmentsin the written report shall be respectively a lien on each tract of landdescribed in the written report for the amount assessed to the tract.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-8
Annual assessments
Sec. 8. (a) The board of directors may make annual assessmentsafter the first assessment for the purpose of repairing and maintainingthe improvement and for other necessary expenses.
(b) The board of directors shall apportion the annual assessmentsamong the owners and file a tabular statement of the apportionmentand assessment in the recorder's office.
(c) The tabular statement of the apportionment and assessment isa lien on the tracts of land respectively assessed and may be collectedin the same manner as the original assessment.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-9
Fences erected before present law
Sec. 9. (a) If the owners of land have, under or by virtue of anylaw of Indiana or by mutual consent, erected a fence before March14, 1877, as described in this chapter, the landowners may:
(1) organize an association according to the provisions of thischapter;
(2) file their articles of association in the office of the recorder;and
(3) petition the board of commissioners as provided insubsection (b).
(b) The petition must show that:
(1) the fence was built before March 14, 1877; and
(2) the goal of the organization is to maintain the fence in goodorder and repair, as though built under this chapter.
(c) The board of commissioners shall consider the petition. If theboard of commissioners is satisfied that:
(1) the owners of the major part of the land improved and usedfor the purposes of cultivation enclosed by the fence signed thepetition; and
(2) the maintenance of the improvement is of public utility andfor the best interests of the owners of the land in the area;
the board of commissioners shall make an order allowing the boardof directors of the association to make assessments for that purpose,as provided in section 8 of this chapter.
(d) After the directors of the association follow the steps providedin section 8 of this chapter, the association is a body corporate andpolitic, as though originally organized under this chapter, and has allthe rights and powers granted in this chapter.
(e) All liens that then exist in favor of any creditor that financedthe improvement, or against any lands on account of theimprovement, shall be preserved and may be enforced, eitheraccording to the law under which the liens were created or accordingto this chapter.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-10 Officers of fencing association
Sec. 10. (a) The board of directors shall appoint a president,secretary, and treasurer.
(b) The treasurer shall give a bond:
(1) sufficient in penalties and securities;
(2) payable to the association by its corporate name; and
(3) conditioned for:
(A) the faithful discharge of the treasurer's duties; and
(B) the safekeeping and prompt payment, according to theorder of the board of directors, of all money accessible to thetreasurer.
(c) A majority of the board of directors is a quorum for thetransaction of business.
(d) Previous notice of any regular or adjourned meeting of thedirectors is not necessary.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-11
Vacancy in office of director
Sec. 11. If a vacancy occurs in the office of director, the othermembers of the board shall fill the vacancy by a pro temporeappointment from the members of the association. The appointmentcontinues until the next annual election and until a successor iselected and qualified.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-12
Officers of association; term of office
Sec. 12. The president, secretary, and treasurer continue in officefor one (1) year and until their successors in office are elected andqualified.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-13
Money drawn by treasurer
Sec. 13. The treasurer may not draw money, except upon the orderof the president and secretary.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-14
Treasurer; presenting vouchers and settling with board
Sec. 14. Each year, before the expiration of the treasurer's term,and more often if the board of directors requires, the treasurer shallpresent the treasurer's vouchers and settle with the board.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-15
Supplemental assessments
Sec. 15. (a) If the board of directors finds that any lands that willbe affected by the proposed work have been omitted from the
assessment or that any mistake has occurred in the assessment, theboard may order a supplemental assessment for the correction ofmistakes.
(b) The owners of all lands directly affected by the supplementalassessment shall have notice of the time and place of making thesupplemental assessment and of a time when and place where theowners may be heard regarding the supplemental assessment in thesame manner as in respect to the original assessment.
(c) The supplemental assessment, when completed, shall be filedfor record in the same manner as the original assessment.
(d) The supplemental assessment shall, from that date, be a lienon the lands described in the supplemental assessment in like manneras the original assessment.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-16
Assessments; installment payments
Sec. 16. The board of directors may, without reference to thecompletion of the proposed work, order:
(1) the payment of the assessment in installments as it considersproper; or
(2) the payment in full at a stated time.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-17
Assessments; enforcing payment
Sec. 17. Payment of the assessments may be enforced by suit inany court with jurisdiction as for ordinary debts or by the foreclosureof the lien in any court with jurisdiction in the same manner as isprovided by law for the foreclosure of mortgages and the sale ofmortgaged premises for the collection of debts.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-18
Proposed work; contracts; advertisements
Sec. 18. (a) The proposed work shall be awarded by the board ofdirectors by contract to the lowest responsible bidder, after suitableadvertisements, as a whole or in sections or subdivisions as the boardconsiders most advantageous.
(b) The board of directors may purchase any fence built along theline of the proposed fence and use the fence instead of building newfencing.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-19
Appropriation of land; assessment of damages
Sec. 19. If the association wishes to appropriate any land for theconstruction or maintenance of any work, the association mustproceed in the manner required by law for the assessment of likedamages in case of the construction of railroads or other similar
works.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-20
Incorrect or imperfect description of proposed work
Sec. 20. Every association organized under this chapter with theconcurrence of three-fourths (3/4) of its members, expressed byresolution at any regular meeting of the association, may:
(1) correct or perfect any incorrect or imperfect description ofthe proposed work; or
(2) provide for the extension of the proposed work beyond thelimits prescribed in the original articles of the association.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-21
Limitation of actions to enforce assessment
Sec. 21. An association may not commence an action to enforceany lien upon land for assessments made five (5) years after the dateof recording the schedule of the assessment constituting a lien, ascontemplated by this chapter. Any assessment made under anyformer law of Indiana upon the same subject, when action is notpending for the enforcement of the assessment, is prima faciesatisfied upon the record five (5) years after the recording of theschedule of the assessment.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-22
Rules or regulations; powers of fencing association
Sec. 22. The association may pass any rules and imposereasonable fines and penalties to insure the success of the object ofthe association's incorporation. The association may:
(1) employ individuals to keep the fence in repair;
(2) employ gatekeepers to attend to the gates on all publichighways;
(3) employ keepers of pounds to impound and care for all stockfound running at large in the area enclosed by the fence;
(4) make bylaws regulating:
(A) when stock may run at large in the enclosed area; and
(B) the number of cattle, horses, and swine each landowneror occupant of lands in the enclosed area may be allowed topermit to run at large.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-23
Throwing down common fence
Sec. 23. A person may not throw down the common fence. Aperson who throws down a common fence shall pay to theassociation at least five dollars ($5) but not more than twenty dollars($20), recoverable before any court with jurisdiction. A person whothrows down a common fence is liable for all damages that accrue
because of the person's actions. Damages are recoverable under thissubsection in the same manner as a forfeiture.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-24
Permitting animals to run at large within enclosed area
Sec. 24. It is a Class C infraction for a person to allow the person'sstock to run at large in the enclosed area unless expressly permittedto do so by the board of directors of the association. A person whoviolates this section is liable to all persons whose lands aretrespassed upon for consequential damages.
As added by P.L.2-2002, SEC.11.
IC 32-26-1-25
Stock roving within enclosed area
Sec. 25. (a) Any stock found roving about in the enclosed areacontrary to the laws or regulations of the association shall be takenup and impounded at the expense of the owner. The poundkeepershall:
(1) if the owner is known, notify the owner, in writing, of theimpounding of the stock; or
(2) if the owner is unknown, post for ten (10) days a written orprinted description of the stock at the public gates of theassociation and three (3) other public places in the townshipwhere the fence is located.
(b) If, after the expiration of ten (10) days, the owner fails toreclaim and pay the expenses of keeping and posting the stock andthe damages caused by the stock to any owner or occupant of land inthe area, the stock shall, upon ten (10) days further notice, be sold topay the expenses and damages.
(c) If, after payment for the stock, there is a remaining balance,the balance shall be deposited in the treasury of the association forthe benefit of the owner. If no claim is made for the remainingbalance for six (6) months, it shall vest in the association.
As added by P.L.2-2002, SEC.11.