Senate File 2102 - Introduced SENATE FILE 2102 BY JOCHUM A BILL FOR An Act providing for partition fences, and including effective 1 date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5215XS (7) 84 da/nh

S.F. 2102 Section 1. Section 359A.1, Code 2011, is amended to read as 1 follows: 2 359A.1 Definitions. 3 As used in this chapter , unless the context otherwise 4 requires , “book” , : 5 1. “Book” , “list” , “record” , or “schedule” kept by a county 6 auditor, assessor, treasurer, recorder, sheriff, or other 7 county officer means the county system as defined in section 8 445.1 . 9 2. “Livestock” means the same as defined in section 169C.1. 10 Sec. 2. Section 359A.1A, Code 2011, is amended to read as 11 follows: 12 359A.1A Partition fences. 13 1. The respective owners Either owner of adjoining tracts of 14 land shall upon may provide a written request of either demand 15 notice to the other owner be compelled to erect and maintain 16 to participate in providing for a partition fences, fence. 17 Each owner shall then participate by erecting or maintaining 18 the partition fence or contribute thereto contributing to the 19 erection or maintenance of the partition fence , and keep the 20 same including by keeping the partition fence in good repair 21 throughout the year. 22 2. Notwithstanding subsection 1, if the owner of the 23 adjoining land has not kept livestock on that owner’s adjoining 24 land for five years prior to receiving a demand notice to 25 participate in providing for a partition fence, that owner is 26 not required to participate in providing for a partition fence 27 as otherwise provided in that subsection. However, after such 28 a partition fence is erected and maintained, if the owner of 29 the adjoining land begins to keep livestock on the land, that 30 owner becomes responsible for participation as provided in this 31 subsection. 32 a. The owner of land responsible for erecting and 33 maintaining the partition fence must first provide a demand 34 notice to the owner of the adjoining land in the same manner as 35 -1- LSB 5215XS (7) 84 da/nh 1/ 3

S.F. 2102 provided in subsection 1 after the owner of the adjoining land 1 begins keeping livestock on the adjoining land. 2 b. The owner of the adjoining land, after receiving a demand 3 notice as provided in paragraph “a” , shall contribute to the 4 erection of the partition fence by paying the owner of land 5 responsible for erecting and maintaining the partition fence 6 fifty percent of the actual and reasonable costs incurred in 7 erecting the partition fence. In addition, the owner of the 8 adjoining land must maintain the partition fence, or contribute 9 to its maintenance as provided in subsection 1. However, the 10 owner of the adjoining land is not required to contribute to 11 the maintenance of the partition fence for the period prior to 12 keeping livestock on the adjoining land. 13 3. The respective owners of adjoining land shall 14 participate in providing for the partition fence by maintaining 15 the partition fence or contributing to its maintenance as 16 provided in subsections 1 and 2, for as long as livestock is 17 kept on each owner’s land. If either owner no longer keeps 18 livestock on that owner’s land for five years, that owner may 19 discontinue participation by delivering a written termination 20 notice to the other owner. 21 4. Nothing in this section restricts the right of respective 22 owners of adjoining land from executing an agreement which 23 supplements or departs from the requirements of this section. 24 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 EXPLANATION 27 This bill amends Iowa’s fence law (Code chapter 359A) which 28 in part provides that the respective owners of adjoining tracts 29 of land must upon written “request” (i.e., demand) of either 30 owner erect and maintain a partition fence or contribute to its 31 erection and maintenance (Code section 359A.1A). The modern 32 version of the requirement can be traced to 1921 Iowa Acts, ch. 33 76. The provision does not distinguish between rural or urban 34 areas or refer to livestock. 35 -2- LSB 5215XS (7) 84 da/nh 2/ 3

S.F. 2102 The bill provides that if one owner keeps livestock on the 1 adjoining tract of land, that owner has the sole responsibility 2 to erect and maintain the partition fence upon the written 3 demand of the other owner. If an owner who did not contribute 4 to the erection and maintenance of a fence begins keeping 5 livestock on that owner’s land after the fence is erected, that 6 owner must pay the adjoining owner 50 percent of the costs 7 incurred in erecting the partition fence. The respective 8 owners are both to be responsible for maintaining the partition 9 fence for as long as they both keep livestock on their 10 respective land. If either owner no longer keeps livestock 11 on that owner’s land for five years, that owner may terminate 12 participation by delivering a written notice to the other 13 owner. The bill does not restrict the right of landowners 14 to execute agreements which supplement or depart from these 15 statutory requirements. 16 The bill takes effect upon enactment. 17 -3- LSB 5215XS (7) 84 da/nh 3/ 3