(a) Except as otherwise provided, the owner of any lawful fence which is or becomes a partition fence separating the owner's land from that belonging to some other person may require the person to pay for one-half (1/2) of what it would or does actually cost to construct the partition fence. In case of refusal, the owner may maintain a civil action against the person refusing and is entitled to recover one-half (1/2) of what it would or did actually cost to construct that portion of the partition fence used by the person and costs of suit. The joint users of a partition fence shall contribute to the cost of maintenance in proportion to their respective interests and if either refuses to pay his share of the cost of maintenance, the other may recover maintenance costs in the manner provided for recovering the cost of construction. (b) Repealed by Laws 2023, ch. 173, § 3. (c) Private landowners whose property adjoins state lands on which the private landowner does not hold a lease may construct a lawful partition fence along state lands and the office of state lands and investments or, if the state lands are currently leased, the lessee of the state lands shall pay for one-half (1/2) of the actual cost of the construction of the lawful partition fence. Private landowners and the office of state lands and investments, or the lessee at all times that the state lands are leased, shall contribute to the cost of maintenance of the lawful partition fence in proportion to their respective interests in the fence.
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