The purpose of this site is to bring awareness, of the outmoded Kentucky Fence Law and it's unjust nature. To encourage open discussion and communication between people adversely affected. To demand changes in these unjust statutes that will reflect the changing use of land in our communities.
What is the basic problem with this law as written? What changes need to be made? Let's explore some of these questions.
First, let's get one thing out on the table. The fundamental purpose behind all law is fairness and justice. While justice will never be perfect, it should be fair to the greatest number of people. When a law is Just it is not resisted by the people and will not cause hostility among neighbors, but if any law gives an unfair advantage to someone else, then there will be animosity and anger created. That alone should be a sufficient indicator that the law is in fundamental conflict with it's own purpose and should be changed. The Kentucky Fence Laws, ARE in fundamental conflict and it is high time they are changed.
Many states have found these same kinds of laws to be unconstitutional. Several states have already made changes to bring the law into harmony with the changing use of land and needs of the people. http://www.scribd.com/doc/1723412/Agriculture-Law-molloyreid-fence Ask yourself a simple question...if this law were being applied to my elderly mother or father that does not farm, would I think it fair for them to have to pay for a fence that someone else gains from and they do not? Should my elderly parent become responsible for maintaining 1/2 of a fence they do not want or need and even worse to become responsible for the other person's livestock should they escape from "their 1/2 of the fence?"
The basic problem with the current law simply stated is the disparity of benefits to each party. This causes a great deal of anger toward anyone that chooses to apply the law with the unfair advantage to their neighbor who will not get any appreciable benefit. For example:
Farmer Gets Other Party Gets
POTENTIAL PROFIT ON LIVESTOCK
CHOOSES TO BUILD
CHOOSES TO BE IN LIVESTOCK BUSINESS
IN SOME CASES REIMBURSEMENT/ COST SHARE
TAKEN ADVANTAGE OF
The State Supreme court in Vermont went so far as to say the idea that it was a benefit to keep the neighbors livestock off your property is delusional thinking and further the law was clearly written for the benefit of a farmer with livestock. We find this to be self evident. These laws made sense long ago as nearly everyone had livestock, but this has changed while the law has not.
Many people are using this outmoded law to enrich themselves at their neighbor's expense. The results is hostility between neighbors. This is wrong and it needs to stop! In many cases this results in further actions of one sort or another to even the score.
Here are some additional costs to the State as a result of this law: Sheriff 's office serves papers, Clean Water people, Environmental Agency or Animal Control, EMS ambulance all get called. All the result of a bad law. Animosity between people causes additional cost to the State and untold emotional stress to others. It also betrays the trust of the people for Justice and further erodes confidence in our government. This is now at an all time low in this country. This law no longer serves the people or the needs of the State as written.
What we need are people within our Kentucky legislature with the courage to step up and sponsor a bill that will at last bring Justice to all. People that have the courage to stand up against the powerful KY Farm Bureau Federation and their paid professional lobbyist.
Heroes are not common, they are the leaders that stand up and stand out, their actions are needed to restore confidence in our government and to represent the needs of all our people.
Home About Us What can you do? Other States Links
Making A Difference Our Story KRS 256 Email Us