It's always iffy to comment on legal issues with a client.
I found myself there today.
A client is wanting some land surveyed that's bounded on the south by a state highway. I don't know yet if the highway is in fee or an easement. The GIS suggests that it's an easement. If so his land probably covers about 3/4ths of the ROW width, this portion of highway does not run east-west, more of a WNW, ESE line.
Anyway there was a fire and the fence along the north ROW was very damaged. He called the state and they told him that's it's the landowners responsibility to rebuilt the ROW fence. I printed out the fence law that suggests otherwise.
I live and work in fence out states. No one is required to fence in livestock.
In South dakota the interstate fence is built 1ft inside ROW so that the state owns and maintains it. On all other highways it's built 1ft outside the ROW so it becomes the landowners.
We are a fence in state, so there are many fences. Partition fences are to be built along the property line within reason. There is no requirement to have a survey proving where the line is, though. I can see how the DOT gets away with putting their fence inside of the ROW line as they have no intention of keeping animals on their side of the fence. One has to have the intention of keeping animals controlled on their property in order to be required to share in fence building and maintenance here.
If you really want to have some fun, go look at your state statutes relative to fence law. Ours include what to do if the fence in along a county line and the counties have different practices. For example, there is a section or two that involves running hogs in a field that has a fence running on a county line and the adjoining county does not allow hogs to run in the open.
Whose fence was it? The State or the property owner? Where I am, Ohio, the State considers highway easement and warranty deed/fee title to be the same: it's the State's control and responsibility. Private items constructed inside the r/w will not be reimbursed to the property owner.
ORS 96.010 appears to say that you can charge your neighbor up to 50% the cost of a boundary line fence.