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256.120 Railroad or adjoining owner may require other to erect portion of
fence.
(1)
(2)
(3)
When a railroad or the owner of lands adjoining the railroad right-of-way
constructs a good lawful fence on the division line between the right-of-way
and the lands adjoining the right-of-way for one-half (1/2) the length of the line,
and the other party has not constructed the fence on the line for half the length,
nor has paid a sum sufficient to construct the fence, or any sum by agreement
in lieu of such a sum, the party who has constructed the fence shall, in writing,
notify the party in default of the length of the division line between them, and
that the party serving the notice has constructed a good lawful fence on the
division line for one-half (1/2) the length.
The party on whom the notice is served shall construct a good lawful fence on
the other half of the distance of the division line, within four (4) months after the
date of receiving the notice. Where the railroad is in default, notice may be
served on the nearest station agent of the railroad.
No person upon whom the notice has been served shall fail to construct the
fence within the time prescribed.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 1791.
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