HF 643 (LSB 2087HV (3) 90)

HOUSE FILE 643

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 299)

A BILL FOR

An Act relating to entering property for surveying purposes, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 354.4A, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  A land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, rights-of-way, and easements, to determine geodetic positions, to conduct activities provided in section 479B.15, and to make surveys and maps and may carry with them their customary equipment and vehicles. A surveyor may shall not enter buildings or other structures located on the land. Entry under the right granted in this section shall not constitute trespass, and land surveyors shall not be liable to arrest or a civil action by reason of the entry.  A surveyor shall not enter private property to conduct activities listed in this paragraph until the surveyor, or the surveyor’s employer, receives explicit permission from a person with an ownership interest in the property. If a person with an ownership interest in the property is not physically or mentally able to give explicit permission, explicit permission may be obtained from a person who is next of kin to the person with an ownership interest in the property. Such permission shall be recorded either electronically or in writing through the use of mail or certified mail. If the person with an ownership interest in the property has not responded to a surveyor’s request for permission to enter the property within sixty days of receiving the request, the surveyor has implicit permission to enter the property to conduct activities listed in this paragraph. However, prior permission is not required in case of an emergency, disaster cleanup, or other activity constituting emergency disaster relief.
    Sec. 2.  Section 479B.15, Code 2023, is amended to read as follows:
   479B.15  Entry for land surveys.
   After the informational meeting or after the filing of a petition if no informational meeting is required, a pipeline company may enter upon private land for the purpose of surveying and examining the land to determine direction or depth of pipelines by giving ten days’ written notice by restricted certified mail to the landowner as defined in section 479B.4 and to any person residing on or in possession of the land and receiving explicit permission as required in section 354.4A. The entry for land surveys shall not be deemed a trespass and may be aided by injunction. The pipeline company shall pay the actual damages caused by the entry, survey, and examination.
    Sec. 3.  Section 716.7, subsection 2, paragraph a, Code 2023, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (8)  Entering upon private property to conduct activities listed in section 354.4A, subsection 1, paragraph “a”, without properly acquiring permission when required under section 354.4A, subsection 1, paragraph “a”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to entering property for surveying purposes. Current law states that entry onto public or private property to conduct certain surveying activities does not constitute trespass and a surveyor entering property to conduct such activities is not liable to arrest or civil action by reason of the entry.
   The bill specifies that a surveyor may enter property to conduct activities provided in Code section 479B.15 and requires a surveyor to receive explicit permission from a person with an ownership interest in the property or, if a person with an ownership interest is not physically or mentally able to give explicit permission, a next of kin of such a person. Such permission shall be recorded electronically or in writing, through the use of mail or certified mail, prior to entering private property to conduct surveying activities. If the person with an ownership interest in the property has not responded to a surveyor’s request for permission to enter the property within 60 days of receiving the request, the surveyor has implicit permission to enter the property to conduct surveying activities. Except in case of an emergency, disaster cleanup, or other activities constituting emergency disaster relief, a surveyor who enters private property without properly acquiring permission commits trespass pursuant to Code chapter 716. General trespass is a simple misdemeanor punishable by a scheduled fine dependent on whether the offense is a first, second, or third or subsequent violation, and may lead to arrest or enhanced penalties depending on the circumstances.