House File 571 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to partition fences, including by providing
  2    powers to fence viewers and standards.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2551HH 82
  5 da/je/5

PAG LIN



  1  1    Section 1.  Section 359A.3, Code 2007, is amended to read
  1  2 as follows:
  1  3    359A.3  POWERS OF FENCE VIEWERS.
  1  4    The fence viewers shall have power to may determine any
  1  5 controversy arising under this chapter, upon giving five days'
  1  6 notice in writing to the opposite party or parties,
  1  7 prescribing the time and place of meeting to hear and
  1  8 determine the matter named in said notice.  Upon request of
  1  9 any landowner, the fence viewers shall give such notice to all
  1 10 adjoining landowners liable for the erection, or maintenance,
  1 11 rebuilding, trimming, or cutting back, or repairing of a
  1 12 partition fence, or to pay for an existing hedge or fence.
  1 13 The fence viewers may require that each adjoining owner clear
  1 14 an area along each owner's side of the partition fence to
  1 15 allow for the inspection of the fence by the fence viewers or
  1 16 for the erection or maintenance of the partition fence by the
  1 17 parties or the board of township trustees.
  1 18    Sec. 2.  Section 359A.18, subsection 3, Code 2007, is
  1 19 amended to read as follows:
  1 20    3.  Three wires, A barbed wire fence.  The posts must be
  1 21 solidly set in the ground at intervals of not more than ten
  1 22 feet.  Corner posts must be set not less than four feet into
  1 23 the ground and secured with brace wire firmly attached to
  1 24 anchors set not less than four feet into the ground.  Each
  1 25 wire must be metal of twelve and one=half gauge.  The wire
  1 26 must be barbed with not less than thirty=six iron barbs of
  1 27 wire.  If a barb has two points each, or twenty=six iron barbs
  1 28 of the barbs must be located at intervals of five and one=half
  1 29 inches.  If a barb has four points each, on each rod of wire,
  1 30 or of four wires, two thus barbed and two smooth, the wires to
  1 31 be firmly fastened to posts not more than two rods apart, with
  1 32 not less than two stays between posts, or with posts not more
  1 33 than one rod apart without such stays, the barbs must be
  1 34 located at intervals of seven and one=half inches.  The bottom
  1 35 wire must not be more than ten inches from the ground.  The
  2  1 top wire to must not be not more than fifty=four nor less than
  2  2 forty=eight inches in height from the ground.
  2  3    Sec. 3.  Section 359A.19, Code 2007, is amended to read as
  2  4 follows:
  2  5    359A.19  DUTY TO MAINTAIN TIGHT FENCES.
  2  6    All partition fences may be made in a lawful tight manner
  2  7 by the party desiring it, and when that party's portion is so
  2  8 completed, and securely fastened to good substantial posts,
  2  9 set firmly in the ground, not more than twenty feet apart, the
  2 10 adjoining property owner shall construct the adjoining owner's
  2 11 portion of the adjoining fence, in a lawful tight manner, same
  2 12 to be securely fastened to good substantial posts, set firmly
  2 13 in the ground, not more than twenty feet apart.
  2 14    Sec. 4.  Section 359A.20, Code 2007, is amended to read as
  2 15 follows:
  2 16    359A.20  TIGHT FENCE.
  2 17    All tight partition fences shall consist of any of the
  2 18 following:
  2 19    1.  Not less than twenty=six inches of substantial woven
  2 20 wire on the bottom, with A wire fence.  The posts must be
  2 21 solidly set in the ground at intervals of not more than ten
  2 22 feet.  Corner posts must be set not less than four feet into
  2 23 the ground and secured with a brace wire firmly attached to an
  2 24 anchor set not less than four feet into the ground.  The
  2 25 bottom wire must be substantial woven wire.  Above the bottom
  2 26 wire there must be at least three strands of barbed wire with
  2 27 not less than thirty=six barbs of wires.  If a barb has at
  2 28 least two points, to the rod, on top, the barbs must be
  2 29 located at intervals of not more than five and one=half
  2 30 inches.  If the barb has four points, the barbs must be
  2 31 located at intervals of seven and one=half inches.  The top
  2 32 wire to must not be not less than forty=eight forty=seven
  2 33 inches, nor more than fifty=four inches high from the ground.
  2 34    2.  Good substantial woven wire not less than forty=eight
  2 35 inches nor more than fifty=four inches high with one barbed
  3  1 wire of not less than thirty=six barbs of two points to the
  3  2 rod, not more than four inches above said woven wire.
  3  3    3.  2.  Any other kind of fence which the fence viewers
  3  4 consider to be equivalent to a tight partition fence or which
  3  5 meets standards established by the department of agriculture
  3  6 and land stewardship by rule as equivalent to a tight
  3  7 partition fence.
  3  8                           EXPLANATION
  3  9    BACKGROUND.  This bill amends Code chapter 359A which
  3 10 contains provisions first codified in 1851, regulating the
  3 11 construction and erection of fences.  The Code chapter
  3 12 provides for partition fences erected between land of
  3 13 adjoining owners, and the right of fence viewers under the
  3 14 jurisdiction of a county board of trustees to compel the
  3 15 erection and maintenance of partition fences.
  3 16    The Code chapter describes two different types of fences.
  3 17 Code section 359A.18 describes a "lawful fence", which
  3 18 consists of rails or barbed wire.  However, the Code chapter
  3 19 includes no special provisions relating to a lawful fence
  3 20 other than Code section 359A.19 which imposes a duty on
  3 21 adjoining landowners to construct their portions of the
  3 22 partition fence in a "lawful tight manner".  That Code section
  3 23 provides that a lawful tight fence includes posts set not more
  3 24 than 20 feet apart.  Code section 359A.18 includes a
  3 25 requirement that posts be spaced no further than two rods
  3 26 apart.  A rod equals 16 and one=half feet.  Code section
  3 27 359A.20 provides for tight fences having woven wire and barbed
  3 28 wire.  Code sections 359A.18 and 359A.20 provide for the
  3 29 distances barbs may be spaced apart (depending upon the type
  3 30 of barb).  Both Code sections 359A.18 and 359A.20 provide that
  3 31 the top wire must be between 48 to 54 inches in height.  Code
  3 32 section 359A.21 provides that a fence must restrain livestock.
  3 33 Code section 359A.22 provides that all controversies arising
  3 34 under Code sections 359A.18 to 359A.21 require that fence
  3 35 viewers decide controversies "including the partition fences
  4  1 made sheep and swine tight".
  4  2    DUTY TO CLEAR AREA.  The bill provides that the fence
  4  3 viewers may require that each adjoining owner clear an area
  4  4 along each owner's side of the partition fence to allow for
  4  5 the inspection of the fence by the fence viewers or for the
  4  6 erection or maintenance of the partition fence by the parties
  4  7 or the board of township trustees.
  4  8    STANDARDS.  The bill amends requirements for fences as
  4  9 provided in Code sections 359A.18, 359A.19, and 359A.20.  It
  4 10 provides that posts must be solidly set in the ground at
  4 11 intervals of not more than 10 feet.  Corner posts must be set
  4 12 not less than four feet into the ground and secured with brace
  4 13 wire firmly attached to anchors set not less than four feet
  4 14 into the ground.  For lawful fences, it requires that each
  4 15 wire must be metal of 12 1/2 gauge.  For both lawful and tight
  4 16 fences, it provides requirements for barbs based on inches
  4 17 rather than rods (but retains the distinction between fences
  4 18 having two or four barbs).  For lawful fences, the bill
  4 19 provides that the bottom wire must not be more than 10 inches
  4 20 from the ground.  It eliminates inconsistent requirements in
  4 21 Code chapter 359A.19.
  4 22 LSB 2551HH 82
  4 23 da:nh/je/5