SENATE FILE 2102

BY  JOCHUM

A BILL FOR

An Act providing for partition fences, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 359A.1, Code 2011, is amended to read as follows:
   359A.1  Definitions.
   As used in this chapter, unless the context otherwise requires, “book”,:
   1.  “Book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
   2.  “Livestock” means the same as defined in section 169C.1.
    Sec. 2.  Section 359A.1A, Code 2011, is amended to read as follows:
   359A.1A  Partition fences.
   1.  The respective owners
 
Either owner of adjoining tracts of land shall upon
 
may provide a written request of either
 
demand notice to the other owner be compelled to erect and maintain
 
to participate in providing for a partition fences,
 
fence. Each owner shall then participate by erecting or maintaining the partition fence or contribute thereto
 
contributing to the erection or maintenance of the partition fence, and keep the same
 
including by keeping the partition fence in good repair throughout the year.
   2.  Notwithstanding subsection 1, if the owner of the adjoining land has not kept livestock on that owner’s adjoining land for five years prior to receiving a demand notice to participate in providing for a partition fence, that owner is not required to participate in providing for a partition fence as otherwise provided in that subsection. However, after such a partition fence is erected and maintained, if the owner of the adjoining land begins to keep livestock on the land, that owner becomes responsible for participation as provided in this subsection.
   a.  The owner of land responsible for erecting and maintaining the partition fence must first provide a demand notice to the owner of the adjoining land in the same manner as provided in subsection 1 after the owner of the adjoining land begins keeping livestock on the adjoining land.
   b.  The owner of the adjoining land, after receiving a demand notice as provided in paragraph “a”, shall contribute to the erection of the partition fence by paying the owner of land responsible for erecting and maintaining the partition fence fifty percent of the actual and reasonable costs incurred in erecting the partition fence. In addition, the owner of the adjoining land must maintain the partition fence, or contribute to its maintenance as provided in subsection 1. However, the owner of the adjoining land is not required to contribute to the maintenance of the partition fence for the period prior to keeping livestock on the adjoining land.
   3.  The respective owners of adjoining land shall participate in providing for the partition fence by maintaining the partition fence or contributing to its maintenance as provided in subsections 1 and 2, for as long as livestock is kept on each owner’s land. If either owner no longer keeps livestock on that owner’s land for five years, that owner may discontinue participation by delivering a written termination notice to the other owner.
   4.  Nothing in this section restricts the right of respective owners of adjoining land from executing an agreement which supplements or departs from the requirements of this section.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill amends Iowa’s fence law (Code chapter 359A) which in part provides that the respective owners of adjoining tracts of land must upon written “request” (i.e., demand) of either owner erect and maintain a partition fence or contribute to its erection and maintenance (Code section 359A.1A). The modern version of the requirement can be traced to 1921 Iowa Acts, ch. 76. The provision does not distinguish between rural or urban areas or refer to livestock.
   The bill provides that if one owner keeps livestock on the adjoining tract of land, that owner has the sole responsibility to erect and maintain the partition fence upon the written demand of the other owner. If an owner who did not contribute to the erection and maintenance of a fence begins keeping livestock on that owner’s land after the fence is erected, that owner must pay the adjoining owner 50 percent of the costs incurred in erecting the partition fence. The respective owners are both to be responsible for maintaining the partition fence for as long as they both keep livestock on their respective land. If either owner no longer keeps livestock on that owner’s land for five years, that owner may terminate participation by delivering a written notice to the other owner. The bill does not restrict the right of landowners to execute agreements which supplement or depart from these statutory requirements.
   The bill takes effect upon enactment.