Senate File 156 - Introduced





                                       SENATE FILE       
                                       BY  DANIELSON


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

                                      A BILL FOR

  1 An Act relating to the erection, maintenance, and removal of
  2    partition fences by adjoining landowners.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1846SS 83
  5 da/rj/8

PAG LIN



  1  1    Section 1.  Section 169C.6, subsection 2, paragraph a, Code
  1  2 2009, is amended to read as follows:
  1  3    a.  Once a habitual trespass occurs, a neighboring
  1  4 landowner may request that the responsible landowner of the
  1  5 land where the trespassing or stray livestock are kept erect
  1  6 or maintain a fence on the land.  The neighboring landowner
  1  7 shall make the request to the responsible landowner in
  1  8 writing.  The responsible landowner may shall not compel an
  1  9 adjacent landowner to contribute to the erection or
  1 10 maintenance of the fence except as provided in chapter 359A.
  1 11    Sec. 2.  Section 359A.1A, Code 2009, is amended to read as
  1 12 follows:
  1 13    359A.1A  PARTITION FENCES.
  1 14    An owner of land may erect a partition fence and shall
  1 15 provide for its maintenance or removal as provided in this
  1 16 chapter.  The respective owners of adjoining tracts of land
  1 17 shall upon written request of either owner be compelled to
  1 18 erect and maintain may agree to divide the responsibility for
  1 19 erecting, maintaining, or removing a partition fences fence,
  1 20 or contribute thereto, and keep the same in good repair
  1 21 throughout the year making a contribution to its erection,
  1 22 maintenance, or removal.  The agreement shall be in writing,
  1 23 describe the terms of the agreement, and be filed in the
  1 24 office of the county recorder where the partition fence is
  1 25 located.
  1 26    Sec. 3.  Section 359A.19, Code 2009, is amended to read as
  1 27 follows:
  1 28    359A.19  DUTY TO MAINTAIN TIGHT FENCES.
  1 29    All A partition fences fence may be made tight by the party
  1 30 desiring owner who constructs it, and when that party's.  If
  1 31 adjoining owners agree to construct a partition fence, each
  1 32 owner shall complete the owner's portion is so completed, and
  1 33 of the partition fence by making it tight, ensuring that it is
  1 34 securely fastened to good substantial posts, and set firmly in
  1 35 the ground, not more than twenty feet apart, the adjoining
  2  1 property owner shall construct the adjoining owner's portion
  2  2 of the adjoining fence, in a lawful tight manner, same to be
  2  3 securely fastened to good substantial posts, set firmly in the
  2  4 ground, not more than twenty feet apart.
  2  5    Sec. 4.  Section 359A.22, Code 2009, is amended to read as
  2  6 follows:
  2  7    359A.22  CONTROVERSIES.
  2  8    Upon the application of either owner, after notice is given
  2  9 as prescribed in this chapter, the fence viewers shall
  2 10 determine all controversies arising under sections 359A.18 to
  2 11 359A.21, 359A.19, and 359A.20, inclusive, including the
  2 12 partition fences made sheep and swine tight.
  2 13    Sec. 5.  Sections 359A.12 and 359A.21, Code 2009, are
  2 14 repealed.
  2 15                           EXPLANATION
  2 16    This bill addresses the circumstance in which a landowner
  2 17 is erecting and maintaining a fence on a property line (a
  2 18 so=called partition fence).  The landowner may do so
  2 19 voluntarily (Code section 359A.1A) or involuntarily because of
  2 20 the landowner's habitually trespassing livestock (Code
  2 21 sections 169C.6 and 359A.22A).
  2 22    The bill provides that the landowner can no longer compel
  2 23 an adjacent landowner to assist in or contribute toward the
  2 24 partition fence erection and maintenance, unless the parties
  2 25 otherwise agree in writing.  The writing must be signed by the
  2 26 parties and filed with the county recorder in the same manner
  2 27 as currently provided when landowners elect to apportion
  2 28 responsibility for how a partition is to be erected or
  2 29 maintained.  The bill eliminates the old apportionment section
  2 30 (Code section 359A.12) and a provision that requires the
  2 31 common maintenance of a partition fence which divide pastured
  2 32 sheep or swine.
  2 33 LSB 1846SS 83
  2 34 da/rj/8.1