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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-26-1 Dead domestic animals - Duty of owner to bury or otherwise dispose of them - Liability for costs.
It is the responsibility of the owner or other person
responsible for any domestic animal which dies to bury or
otherwise dispose of it within two days after death. If the
owner or other person responsible for such an animal cannot
be found, it is the duty of the county, city, or town within
which the dead animal is found, at such political subdivision's
expense, to bury the dead animal. A county, city, or town
which incurs expense under this section is entitled to reimbursement
from the owner of the dead animal.
1979
4-26-2 Dead animals - Deposit on another's land prohibited.
No person shall deposit a dead animal upon the land of
another person without the latter's consent.
1979
4-26-3 Penalty.
Any person who violates Section
4-26-1
or
4-26-2
is guilty of a class "C" misdemeanor.
1979
4-26-4 Failure to close entrance to enclosure - Class "C" misdemeanor - Damages.
Any person who willfully throws down a fence or opens
bars or gates into any enclosure other than the person's
own enclosure or into any enclosure jointly owned or occupied
by such person and others, and leaves it open is guilty of
a class "C" misdemeanor, and is also liable in damage for
any injury sustained by any person as a result of such an
act.
1979
4-26-5 Adjoining landowners - Partition fences - Contribution.
If two or more persons agree to a fence enclosure or to
the construction of a partition fence, the cost of construction
and maintenance of the fence shall be apportioned between
each party to the agreement based upon the amount of land
enclosed. A person who is a party to such agreement and who
fails to maintain such person's part of the fence is liable
in a civil action for any damage sustained by another party
to the agreement as a result of the failure to maintain the
fence. If a person has enclosed land with a fence and the
owner of adjoining land desires to enclose land adjoining
the fence so that the existing fence or any part of it will
become a partition fence between such tracts of land, the
owner of the adjoining land shall before making the enclosure
pay to the owner of the existing fence one-half of the value
of all that part of the fence that will become a partition
fence; and when one party ceases to improve or cultivate
his land or opens his enclosure he must not take away any
part of the partition fence belonging to him, if the owner
or occupant of the adjoining enclosure within 30 days after
notice, pays for the value of such fence; nor shall the partition
fence be removed if the crops enclosed by it will be exposed
to injury.
1979
4-26-5.1 Definitions - Qualified landowners and qualified adjoining landowners partition fences - Contribution - Civil action for damages.
(1) As used in this section:
(a) "Qualified adjoining landowner" means a private landowner whose land adjoins the land of a qualified landowner and is used for grazing livestock or as habitat for big game wildlife and:
(i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 .
(b) "Qualified landowner" means a private landowner whose land is used for grazing livestock and:
(i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 .
(2) A qualified landowner may require the qualified adjoining landowner to pay for 1/2 of the cost of the fence if:
(a) the fence is or becomes a partition fence separating the qualified landowner's land from that belonging to the qualified adjoining landowner;
(b) the cost is reasonable for that type of fence;
(c) that type of fence is commonly found in that particular area; and
(d) the construction of the fence is no more expensive than the cost for posts, wire, and connectors.
(3) If the qualified adjoining landowner refuses, the qualified landowner may maintain a civil action against the qualified adjoining landowner for 1/2 of the cost of that portion of the fence.
(4) The cost of the maintenance of the fence shall also
be apportioned between each party based upon the amount of
land enclosed. A party who fails to maintain his part of
the fence is also liable in a civil action for any damage
sustained by the other party as a result of the failure to
maintain the fence.
2004
