Vegetation management addition to division fence law advances

Landowners with division fences would be required to keep their side in good repair and clear of disruptive vegetation under a bill advanced from general file Feb. 11.

LB108, introduced by Holdrege Sen. Tom Carlson, would declare vegetation a private nuisance to the adjacent landowner if it is damaging a division fence. Landowners would be responsible for managing vegetation and keeping their portion of the fence in good repair.

Carlson said vegetation management increasingly is a point of contention in fencing disputes. He said the bill would expressly state the duty of landowners to trim or remove vegetation.

Elk Creek Sen. Lavon Heidemann spoke in opposition to the bill, saying neighbors should work out fence issues amongst themselves.

The bill originally would have removed language in current law that prohibits the removal of trees, buildings or other obstacles without the consent of the adjacent landowner or a court order. An Agriculture Committee amendment, adopted 29-2, removed this provision.

Omaha Sen. Steve Lathrop said the committee amendment was necessary to avoid allowing people to trespass in order to fix fences and remove vegetation.

“You shouldn’t be going on somebody else’s property without either their permission or court order,” Lathrop said. “Let’s not give somebody the legal authority to go onto another person’s property and start using a chainsaw.”

O’Neill Sen. Tyson Larson spoke in opposition to the committee amendment. He said the original bill would restrict access to adjacent land to cases where it is “reasonably necessary to construct, maintain or repair the division fence.” Therefore, the committee amendment was not needed, he said.

Heidemann offered an amendment, adopted 36-3, to restrict the scope of the bill to trees and woody growth. Using the term “vegetation” could require landowners to remove weeds, he said.

Ellsworth Sen. LeRoy Louden spoke in opposition to Heidemann’s amendment, saying it could be difficult to determine what types of vegetation could be removed.

LB108 advanced from general file on a 38-1 vote.