Yesterday was another good day in the Capitol for cattle producers; Governor Heineman signed LB 667, which clarifies fence law. Essentially, the bill performs four functions. First, it establishes clear legislative intent changes in resolving fencing disputes at any level. Second, it states that adjoining landowner’s responsibilities are to be borne in just proportion when constructing and maintaining a fence line. Third, it highlights the legal standard of a fence line. Fourth, it removes the statutory demand of zoning from current law.

NC staff has worked closely with Senator Sullivan to pass this legislation. This legislation should relieve an undue burden on livestock producers when it comes to division fences. Nebraska law requires livestock producers to confine their livestock. Historically, neighbors have maintained division fences regardless if each are confining livestock. Challenges have arisen when one property owner does not have livestock and has felt they were not required to contribute to the maintenance of a division fence. This legislation clarifies that the responsibility will be borne in “just proportion” to the benefit received by the fence. For example, a division fence between a cattle grazing property and a cornfield is the responsibility of the livestock owner since he is required by law to confine his livestock. However, there is some benefit to the cornfield property owner helping the maintain the fence that protects his crop. In a dispute, the new legislation would allow the mediator to apply a just proportion to the maintenance of the division fence rather than it simply being construed that the livestock owner bears the entire burden.

Nebraska Cattlemen was a central participant in the process of getting the bill past, from its introduction last year to attending the Governor’s signing yesterday.

Senator Kate Sullivan’s strategy all along was to work through all the issues relevant to all regarding fence disputes and refine the core issues down to the most important to beneficial reform. That issues were deliberated over a one-year period. The resulting legislation had no opposition moving through the Ag Committee on an 8-0 vote on General File and a simple voice vote on Select File. Final Reading was a formality. NC member Brad Choquette of Upland testified last year to the Ag Committee detailing the complexity of the issue and need for clarification.

The Nebraska Cattlemen association serves as the representative for the state’s beef cattle industry and represents professional cattle breeders, ranchers and feeders, as well as county and local cattlemen’s associations. Its headquarters are in Lincoln and a second office in Alliance serves cattlemen in western Nebraska. This and other Nebraska Cattlemen information is available at www.nebraskacattlemen.org.