House
Study
Bill
195
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
BILL
BY
CHAIRPERSON
WULF)
A
BILL
FOR
An
Act
requiring
the
department
of
natural
resources
to
comply
1
with
requirements
governing
the
erection
and
maintenance
of
2
partition
fences.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
359A.1,
Code
2025,
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.
“Owner”
includes
but
is
not
limited
to
the
department
of
10
natural
resources,
if
the
department
is
the
titleholder
of
a
11
tract
of
land
where
a
partition
fence
is
erected
or
required
to
12
be
maintained
under
this
chapter.
13
Sec.
2.
NEW
SECTION
.
456A.39
Partition
fences.
14
The
department
of
natural
resources
shall
have
the
same
15
rights
and
obligations
as
any
private
landowner
when
erecting
16
and
maintaining
a
partition
fence
under
chapter
359A.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
BACKGROUND.
Iowa’s
fence
law
(Code
chapter
359A)
in
21
part
governs
the
construction
(erection)
or
maintenance
of
22
a
fence
existing
on
the
property
boundary
between
adjoining
23
land
of
different
owners,
referred
to
as
a
partition
fence.
24
Either
owner
may
erect
a
partition
fence
and
demand
the
other
25
owner
share
in
the
expenses
(referred
to
as
contribution)
26
(Code
section
359A.1A).
Each
owner
has
a
duty
to
maintain
27
a
lawful
and
tight
fence
subject
to
a
number
of
construction
28
specifications
(Code
sections
359A.18
through
359A.21).
Each
29
party
has
a
duty
to
maintain
an
erected
partition
fence
or
30
substitute
direct
expenses
by
contribution.
A
controversy
31
between
the
owners
may
result
in
an
investigation
and
a
form
32
of
adjudication
by
a
panel
of
“fence
viewers”
(Code
section
33
359A.22).
The
fence
viewers
are
the
trustees
of
the
township
34
where
the
property
boundary
is
located
(Code
sections
359A.3
35
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_____
through
359A.11).
1
BILL’S
PROVISIONS.
This
bill
provides
an
owner
of
land
2
subject
to
Iowa’s
fence
law
includes
but
is
not
limited
to
the
3
department
of
natural
resources
when
the
department
is
the
4
land’s
titleholder.
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