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Text: HF00533                           Text: HF00535
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 534

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 359A.4, Code 1997, is amended to read
  1  2 as follows:
  1  3    359A.4  DECISION – DEPOSIT.
  1  4    1.  At said the time and place as provided in this chapter
  1  5 the fence viewers shall meet and determine by written order
  1  6 the rights and responsibilities, including the obligations,
  1  7 rights, and duties, of the respective parties owners involved
  1  8 in such matter, and a controversy for erecting or maintaining
  1  9 a fence, including repairing, rebuilding, trimming, or cutting
  1 10 back a fence, or paying any amount required to erect or
  1 11 maintain the fence.  The controversy shall be settled as
  1 12 follows:
  1 13    a.  An owner who keeps livestock, as defined in section
  1 14 717.1, shall have the sole responsibility of erecting or
  1 15 maintaining a fence, if the fence is to keep the livestock
  1 16 from trespassing onto the complaining owner's property and the
  1 17 complaining owner does not keep livestock on the land where
  1 18 the fence is to be erected or maintained.
  1 19    b.  In any controversy other than provided in paragraph
  1 20 "a", the fence viewers shall assign to each owner the part of
  1 21 the fence which is the responsibility of the owner shall
  1 22 erect, maintain, rebuild, trim or cut back, or pay for, and
  1 23 fix to erect or maintain.
  1 24    2.  The fence viewers shall establish the value thereof of
  1 25 erecting or maintaining the fence, and prescribe the time
  1 26 within which the same shall be completed or paid to complete
  1 27 or pay for, and, in case of repair, the necessary work.  The
  1 28 fence viewers may specify the kind of repairs to be made.
  1 29    3.  If the fence is not erected, rebuilt, or repaired or
  1 30 maintained within the time prescribed in the order, the fence
  1 31 viewers shall require the complaining landowner owner to
  1 32 deposit with the fence viewers a sum an amount of money
  1 33 sufficient to pay for the erecting, rebuilding, trimming,
  1 34 cutting back or repairing such erecting or maintaining the
  1 35 fence together with the fees of the fence viewers and costs.
  2  1 Such The complaining landowner owner shall be reimbursed as
  2  2 soon as the taxes are collected as provided in section 359A.6.  
  2  3                           EXPLANATION
  2  4    This bill amends Code section 359A.4, which provides for
  2  5 the rights and responsibilities of landowners in erecting and
  2  6 maintaining fences, including sharing associated costs.  The
  2  7 current Code section provides that fence viewers for a
  2  8 township determine the responsibility of the owners.  This
  2  9 bill provides that if the fence is to keep in livestock, the
  2 10 owner who is keeping the livestock has the sole responsibility
  2 11 for the fence, unless the neighboring owner also keeps
  2 12 livestock.  The bill also makes changes in the section
  2 13 necessary to enhance readability.  
  2 14 LSB 1799HH 77
  2 15 da/jj/8
     
Text: HF00533                           Text: HF00535
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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