House File 2342 - Introduced
HOUSE FILE
BY WHITAKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing standards for partition fences.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6060HH 81
4 da/je/5
PAG LIN
1 1 Section 1. Section 359A.1, Code 2005, is amended to read
1 2 as follows:
1 3 359A.1 DEFINITIONS.
1 4 As used in this chapter, unless the context otherwise
1 5 requires, "book",:
1 6 1. "Book", "list", "record", or "schedule" kept by a
1 7 county auditor, assessor, treasurer, recorder, sheriff, or
1 8 other county officer means the county system as defined in
1 9 section 445.1.
1 10 2. "Department" means the department of agriculture and
1 11 land stewardship.
1 12 3. "Livestock" means cattle, sheep, goats, or swine.
1 13 Sec. 2. Section 359A.18, subsection 6, Code 2005, is
1 14 amended to read as follows:
1 15 6. Any other kind of fence which the fence viewers
1 16 consider to be equivalent to a lawful fence or which meets
1 17 standards established by the department of agriculture and
1 18 land stewardship by rule as equivalent to a lawful fence.
1 19 Sec. 3. Section 359A.19, Code 2005, is amended to read as
1 20 follows:
1 21 359A.19 DUTY TO MAINTAIN TIGHT FENCES.
1 22 All partition fences may shall be a lawful fence as
1 23 provided in section 359A.18 and shall be made tight by the
1 24 party desiring it, and when the fence. When that party's
1 25 portion of the partition fence is so completed, and securely
1 26 fastened to good substantial posts, set firmly in the ground,
1 27 not more than twenty feet apart, as provided in section
1 28 359A.20 or 359A.21, the adjoining property owner shall
1 29 construct the adjoining owner's portion of the adjoining
1 30 fence, in a lawful tight manner, same to be securely fastened
1 31 to good substantial posts, and set firmly in the ground, not
1 32 more than twenty feet apart as provided in section 359A.20 or
1 33 359A.21.
1 34 Sec. 4. Section 359A.20, Code 2005, is amended to read as
1 35 follows:
2 1 359A.20 TIGHT FENCE.
2 2 All A tight partition fences fence shall consist of:
2 3 1. Not less than twenty=six inches of substantial woven
2 4 wire on the bottom, with three strands of barbed wire with not
2 5 less than thirty=six barbs of at least two points to the rod,
2 6 on top, the top wire to be not less than forty=eight inches,
2 7 nor more than fifty=four inches high a lawful fence as
2 8 provided in section 359A.18. However, in addition to those
2 9 requirements, a tight partition fence must meet standards
2 10 established by rules which shall be adopted by the department.
2 11 1. A barbed wire fence must comply with requirements
2 12 adopted by A.S.T.M. (American society for testing and
2 13 materials) international, including but not limited to
2 14 requirements relating to the grade, tensile strength,
2 15 elongation, dimensions, and tolerances of the wire. At a
2 16 minimum, the barbs shall consist of two tightly wrapped sharp
2 17 points spaced at least five inches apart. The barbed wire
2 18 shall be stretched tight between posts which are spaced at
2 19 least one rod apart.
2 20 2. Good substantial woven wire not less than Unless
2 21 otherwise provided by departmental rule, the barbed wire fence
2 22 shall be at least forty=eight inches nor but not more than
2 23 fifty=four inches high with one barbed wire of not less than
2 24 thirty=six barbs of two points to the rod, not more than four
2 25 inches above said woven wire.
2 26 3. 2. Any A partition fence may consist of any other kind
2 27 of fence which the fence viewers consider to be equivalent to
2 28 a tight partition fence or which meets standards established
2 29 by provided in subsection 1, unless otherwise provided by
2 30 rules adopted by the department of agriculture and land
2 31 stewardship by rule as equivalent to a tight partition fence.
2 32 Sec. 5. Section 359A.21, Code 2005, is amended to read as
2 33 follows:
2 34 359A.21 DUTY TO KEEP FENCE TIGHT.
2 35 In case adjoining owners or occupants of land shall use the
3 1 same for pasturing sheep or swine livestock, each shall keep
3 2 that one's share of the partition fence tight as provided in
3 3 section 359A.20 and in such condition as shall restrain such
3 4 sheep or swine livestock.
3 5 Sec. 6. Section 359A.22, Code 2005, is amended to read as
3 6 follows:
3 7 359A.22 CONTROVERSIES.
3 8 Upon the application of either owner, after notice is given
3 9 as prescribed in this chapter, the fence viewers shall
3 10 determine all controversies arising under sections 359A.18 to
3 11 359A.21, inclusive, including the partition fences made sheep
3 12 and swine tight.
3 13 EXPLANATION
3 14 This bill amends Code chapter 359A which contains
3 15 provisions first codified in 1851. The Code chapter provides
3 16 for partition fences erected between land of adjoining owners.
3 17 The Code chapter describes two different types of fences.
3 18 Code section 359A.18 describes a "lawful fence", which
3 19 consists of rails or barbed wire. However, the Code chapter
3 20 includes no special provisions relating to a lawful fence
3 21 other than imposing a duty on adjoining landowners to
3 22 construct their portions of the partition fence in a "lawful
3 23 tight manner" (see Code section 359A.19). There are a number
3 24 of different types of barbed wire fences which satisfy the
3 25 lawful fence requirement, including the requirement that the
3 26 posts be spaced no further than two rods apart. A rod equals
3 27 12 and one=half feet. Alternatively, Code section 359A.20
3 28 provides for tight fences. These requirements are apparently
3 29 used when an owner keeps sheep or swine pastured (see Code
3 30 section 359A.21). Code section 359A.19 provides that a lawful
3 31 tight fence includes posts set not more than 20 feet apart.
3 32 The bill amends a number of sections in Code chapter 359A.
3 33 It provides that a tight partition fence consists of a lawful
3 34 fence as provided in Code section 359A.18. However, in
3 35 addition to those requirements, a tight partition fence must
4 1 meet standards established by rules which shall be adopted by
4 2 the department of agriculture and land stewardship in the same
4 3 manner as the department may adopt standards for a lawful
4 4 fence. The bill provides that a barbed wire fence must comply
4 5 with requirements adopted by A.S.T.M. (American society for
4 6 testing and materials) international. At a minimum, the barbs
4 7 must consist of two tightly wrapped sharp points spaced at
4 8 least five inches apart. The barbed wire must be stretched
4 9 tight between posts which are spaced at least one rod apart.
4 10 The bill retains the requirement that the fence must be at
4 11 least 48 inches but not more than 54 inches high.
4 12 Finally, the bill provides that the duty to maintain a
4 13 tight fence applies to restraining livestock rather than only
4 14 swine and sheep, including cattle and goats.
4 15 LSB 6060HH 81
4 16 da:rj/je/5.1