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<br /> <br />LMC Memo on the Partition Fence Law <br /> <br />Focus on New Laws: Partition Fence Viewing Exemption <br />The law prevents cities from being dragged into neighbor disputes via a costly fence- <br />viewing process related only to partition fences. <br />(Published May 31, 2016) <br />A new law, Chapter 102, gives cities the authority to pass a resolution to be exempted from <br />appointing fence viewers for parcels of land less than 20 acres. It was signed by Gov. Dayton on <br />May 12 and took effect on May 13. <br />What is the partition fence law? <br />First enacted in 1905, the partition fence law (Minnesota Statutes, chapter 344, attached) is <br />designed to mediate disputes between adjoining landowners by requiring them to share the costs <br />of constructing fences under certain circumstances. The law is generally used in rural areas where <br />fences are required to contain livestock, although it applies throughout the state, including the <br />metro area. <br />Minnesota Statutes, section 344.02 provides limited definitions of what qualifies as a partition <br />fence, including fences that are made of woven and barbed wire. Recently, landowners in <br />suburban areas have used the partition fence law to force cities to appoint “fence viewers” and go <br />through a costly review process over fence disputes in residential subdivisions. <br />New language <br />The newly approved Chapter 102 adds “home rule or statutory cities” to Minnesota Statutes, <br />section 344.011 to allow a city, by resolution, to exempt adjoining owners or occupants from this <br />chapter when their land considered together is less than 20 acres. <br />New language was added to Minnesota Statutes, section 344.20 to adopt a partition fence policy <br />that would subsequently pre-empt the state law. This does not supersede an exemption from 20 <br />acres or less (if adopted); this could be an additional partition fence ordinance that the city could <br />adopt. Previously, both of these sections only applied to townships. <br />Given the limited definition of partition fences and the change in the law, it is unlikely cities will <br />need to mediate these types of disputes. <br />The bill (SF 2986/HF 2757) was authored by Sen. Bev Scalze (DFL-Little Canada) and Rep. <br />Cindy Pugh (R-Chanhassen).