Fences erected before present law
Sec. 9. (a) If the owners of land have, under or by virtue of any
law of Indiana or by mutual consent, erected a fence before March
14, 1877, as described in this chapter, the landowners may:
(1) organize an association according to the provisions of this
chapter;
(2) file their articles of association in the office of the recorder;
and
(3) petition the board of commissioners as provided in
subsection (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 good
order and repair, as though built under this chapter.
(c) The board of commissioners shall consider the petition. If the
board of commissioners is satisfied that:
(1) the owners of the major part of the land improved and used
for the purposes of cultivation enclosed by the fence signed the
petition; and
(2) the maintenance of the improvement is of public utility and
for the best interests of the owners of the land in the area;
the board of commissioners shall make an order allowing the board
of 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 provided
in section 8 of this chapter, the association is a body corporate and
politic, as though originally organized under this chapter, and has all
the rights and powers granted in this chapter.
(e) All liens that then exist in favor of any creditor that financed
the improvement, or against any lands on account of the
improvement, shall be preserved and may be enforced, either
according to the law under which the liens were created or according
to this chapter.
As added by P.L.2-2002, SEC.11.
Last modified: May 24, 2006