Indiana Fence Law Update
By John Shoup, Director, IALF
The Indiana Court of Appeals significantly altered Indiana fence law last month. The IALF is supporting a case originating in Starke County interpreting Indiana’s partition fence statute, Indiana Code section 32-26-9. In this matter, landowner and cattle producer John Belork rebuilt portions of the fence along the eastern and southern boundaries of his property to keep his herd fenced in. Pursuant to the partition fence statute, he requested that his two adjoining neighbors (crop farmers) rebuild the remaining portions as required by the partition statute. The neighbors refused. Belork then asked the township trustee to compel the neighbors to fulfill their obligation under Indiana’s partition fence statute. The trustee refused.
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Whitestown Annexation Amicus Brief
On Nov. 12 the Indiana Agricultural Law Foundation filed an amicus brief in support of landowners in Boone County. The landowners are fighting an involuntary annexation by the municipality of Whitestown and seeking transfer to the Indiana Supreme Court. The brief illustrates why agricultural land should be treated differently than adjacent urban land in involuntary annexations. This is the first time our state’s highest court will consider these arguments.
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From the director
Thank you for subscribing to the IALF Spotlight newsletter. We hope you will find the content useful and relevant. If you have any questions about the IALF or would like to support our mission, please contact me, John Shoup, via email at JShoup@INAgLaw.org or by telephone at 317-692-7801.
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The IALF is a charitable organization established by Indiana Farm Bureau, Inc., to promote better understanding of legal issues facing the agricultural community.
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