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2021 Colorado Code
Title 35 - Agriculture
Article 46 - Fence Law
§ 35-46-101. Definitions
Universal Citation: CO Code § 35-46-101 (2021)
As used in this article, unless the context otherwise requires:
- “Lawful fence” is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency. Railroad right-of-way fences constructed in compliance with the statute in force on the date of construction and maintained in good condition shall be considered legal fences.
- “Livestock” includes horses, cattle, mules, asses, goats, sheep, swine, buffalo, and cattalo, but does not include “alternative livestock” as defined in section 35-41.5-102 (1).
History. Source: G.L. § 1202. L. 1879: P. 68, § 1. G.S. § 1461. L. 1885: P. 220, § 1. L. 1889: P. 164, § 1. R.S. 08: § 2587. L. 17: P. 342, § 1. C.L. § 3153. CSA: C. 160, § 56. L. 53: Pp. 587, 592, §§ 1, 10. CRS 53: §§ 8-13-1 , 0 . C.R.S. 1963: §§ 8-13-1, 8-13-10 . L. 94: (2) amended, p. 1710, § 10, effective July 1.
ANNOTATION
Law reviews. For article, “One Year Review of Torts”, see 38 Dicta 93 (1961).
This section prescribes character of fence which must be maintained to enable a party to recover damages from the owner of animals breaking through it. Fugate v. Smith, 4 Colo. App. 201, 35 P. 283 (1894).
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