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Delegates to this year’s OFBF annual meeting will consider modernizing the state’s 100-year-old line fence law. The delegates will act on proposals submitted by OFBF’s line fence task force, which was appointed to study the existing law and recommend changes.

Members felt changes in the law should be contemplated because the rural landscape has changed, according to Larry Gearhardt, director of local affairs for OFBF. "In the past, everybody knew that there was a line fence law, and everybody knew that they needed to abide by that law. (Now) the expectations of the people moving into the countryside are different than those of the past."

The task force recommendations depend on whether or not a fence is present, Gearhardt said. "If the line fence is currently in existence, then we feel that the current law or something similar should remain in place. If there is no fence, or there is no record of a fence having been there, then we feel it might be more equitable to require the person requesting the fence to build it and then have a right of contribution against the neighbor if the neighbor puts livestock against the fence."

The task force recommendations would modify the roles of township trustees. Currently trustees settle a dispute by determining the amount each party should pay. The task force suggests trustees should have the responsibility of determining if there is a fence present, and if not, whether an affidavit has been filed.

Another task force concern dealt with inconsistent court decisions. To avoid court hearings altogether, the task force recommends a provision requiring nonbinding arbitration. If a case is appealed after arbitration, specific factors are provided for the court to consider.

Annual meeting delegates will decide whether the task force recommendations should be incorporated into Farm Bureau policy. A new line fence policy was adopted at last year’s annual meeting, but because of the complicated and important nature of the issue, the task force was appointed to examine the issue further.

Gearhardt said pending delegate action, the eventual goal is to propose a new law for consideration by the Ohio General Assembly. But not before more homework is done. "It’s always a wise move to get all the interested parties involved in the process," he said. Gearhardt thinks groups representing township trustees, county recorders and perhaps even county prosecutors will have the opportunity to have input.

The final goal is to have a law that is "more equitable in today’s society," he added.