House File 299 - Introduced HOUSE FILE 299 BY DIEKEN A BILL FOR An Act relating to entering property for surveying purposes, 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2087YH (3) 90 js/ns

H.F. 299 Section 1. Section 354.4A, subsection 1, paragraph a, Code 1 2023, is amended to read as follows: 2 a. A land surveyor may enter public or private land or water 3 in the state only to occupy, locate, relocate, install, or 4 replace survey monuments, to locate boundaries, rights-of-way, 5 and easements, to determine geodetic positions, and to make 6 surveys and maps and may carry with them their customary 7 equipment and vehicles. A surveyor may shall not enter 8 buildings or other structures located on the land. Entry 9 under the right granted in this section shall not constitute 10 trespass, and land surveyors shall not be liable to arrest 11 or a civil action by reason of the entry. A surveyor shall 12 not enter private property to conduct activities listed in 13 this paragraph until the surveyor, or the surveyor’s employer, 14 receives explicit permission from the current property owner. 15 Such permission shall be recorded either electronically or in 16 writing. However, prior permission is not required in case of 17 an emergency, disaster cleanup, or other activity constituting 18 emergency disaster relief. 19 Sec. 2. Section 716.7, subsection 2, paragraph a, Code 2023, 20 is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (8) Entering upon private property 22 to conduct activities listed in section 354.4A, subsection 23 1, paragraph “a” , without properly acquiring permission when 24 required under section 354.4A, subsection 1, paragraph “a” . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to entering property for surveying 29 purposes. Current law states that entry onto public or private 30 property to conduct certain surveying activities does not 31 constitute trespass and a surveyor entering property to conduct 32 such activities is not liable to arrest or civil action by 33 reason of the entry. 34 The bill requires a surveyor to receive explicit permission 35 -1- LSB 2087YH (3) 90 js/ns 1/ 2

H.F. 299 from a current property owner, recorded electronically or 1 in writing, prior to entering private property to conduct 2 surveying activities. Except in case of an emergency, disaster 3 cleanup, or other activities constituting emergency disaster 4 relief, a surveyor who enters private property without properly 5 acquiring permission commits trespass pursuant to Code chapter 6 716. General trespass is a simple misdemeanor punishable by 7 a scheduled fine dependent on whether the offense is a first, 8 second, or third or subsequent violation, and may lead to 9 arrest or enhanced penalties depending on the circumstances. 10 -2- LSB 2087YH (3) 90 js/ns 2/ 2