House File 643 - Introduced HOUSE FILE 643 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 299) 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 2087HV (3) 90 js/ns

H.F. 643 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, to conduct 6 activities provided in section 479B.15, and to make surveys 7 and maps and may carry with them their customary equipment 8 and vehicles. A surveyor may shall not enter buildings or 9 other structures located on the land. Entry under the right 10 granted in this section shall not constitute trespass, and 11 land surveyors shall not be liable to arrest or a civil action 12 by reason of the entry. A surveyor shall not enter private 13 property to conduct activities listed in this paragraph until 14 the surveyor, or the surveyor’s employer, receives explicit 15 permission from a person with an ownership interest in the 16 property. If a person with an ownership interest in the 17 property is not physically or mentally able to give explicit 18 permission, explicit permission may be obtained from a person 19 who is next of kin to the person with an ownership interest 20 in the property. Such permission shall be recorded either 21 electronically or in writing through the use of mail or 22 certified mail. If the person with an ownership interest in 23 the property has not responded to a surveyor’s request for 24 permission to enter the property within sixty days of receiving 25 the request, the surveyor has implicit permission to enter 26 the property to conduct activities listed in this paragraph. 27 However, prior permission is not required in case of an 28 emergency, disaster cleanup, or other activity constituting 29 emergency disaster relief. 30 Sec. 2. Section 479B.15, Code 2023, is amended to read as 31 follows: 32 479B.15 Entry for land surveys. 33 After the informational meeting or after the filing of a 34 petition if no informational meeting is required, a pipeline 35 -1- LSB 2087HV (3) 90 js/ns 1/ 3

H.F. 643 company may enter upon private land for the purpose of 1 surveying and examining the land to determine direction or 2 depth of pipelines by giving ten days’ written notice by 3 restricted certified mail to the landowner as defined in 4 section 479B.4 and to any person residing on or in possession 5 of the land and receiving explicit permission as required 6 in section 354.4A . The entry for land surveys shall not be 7 deemed a trespass and may be aided by injunction. The pipeline 8 company shall pay the actual damages caused by the entry, 9 survey, and examination. 10 Sec. 3. Section 716.7, subsection 2, paragraph a, Code 2023, 11 is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (8) Entering upon private property 13 to conduct activities listed in section 354.4A, subsection 14 1, paragraph “a” , without properly acquiring permission when 15 required under section 354.4A, subsection 1, paragraph “a” . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to entering property for surveying 20 purposes. Current law states that entry onto public or private 21 property to conduct certain surveying activities does not 22 constitute trespass and a surveyor entering property to conduct 23 such activities is not liable to arrest or civil action by 24 reason of the entry. 25 The bill specifies that a surveyor may enter property 26 to conduct activities provided in Code section 479B.15 and 27 requires a surveyor to receive explicit permission from a 28 person with an ownership interest in the property or, if a 29 person with an ownership interest is not physically or mentally 30 able to give explicit permission, a next of kin of such a 31 person. Such permission shall be recorded electronically or in 32 writing, through the use of mail or certified mail, prior to 33 entering private property to conduct surveying activities. If 34 the person with an ownership interest in the property has not 35 -2- LSB 2087HV (3) 90 js/ns 2/ 3

H.F. 643 responded to a surveyor’s request for permission to enter the 1 property within 60 days of receiving the request, the surveyor 2 has implicit permission to enter the property to conduct 3 surveying activities. Except in case of an emergency, disaster 4 cleanup, or other activities constituting emergency disaster 5 relief, a surveyor who enters private property without properly 6 acquiring permission commits trespass pursuant to Code chapter 7 716. General trespass is a simple misdemeanor punishable by 8 a scheduled fine dependent on whether the offense is a first, 9 second, or third or subsequent violation, and may lead to 10 arrest or enhanced penalties depending on the circumstances. 11 -3- LSB 2087HV (3) 90 js/ns 3/ 3