HSB 195 (LSB 2087YC (3) 91)

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 with requirements governing the erection and maintenance of partition fences.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 359A.1, Code 2025, 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.  “Owner” includes but is not limited to the department of natural resources, if the department is the titleholder of a tract of land where a partition fence is erected or required to be maintained under this chapter.
    Sec. 2.  NEW SECTION.  456A.39  Partition fences.
   The department of natural resources shall have the same rights and obligations as any private landowner when erecting and maintaining a partition fence under chapter 359A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. Iowa’s fence law (Code chapter 359A) in part governs the construction (erection) or maintenance of a fence existing on the property boundary between adjoining land of different owners, referred to as a partition fence. Either owner may erect a partition fence and demand the other owner share in the expenses (referred to as contribution) (Code section 359A.1A). Each owner has a duty to maintain a lawful and tight fence subject to a number of construction specifications (Code sections 359A.18 through 359A.21). Each party has a duty to maintain an erected partition fence or substitute direct expenses by contribution. A controversy between the owners may result in an investigation and a form of adjudication by a panel of “fence viewers” (Code section 359A.22). The fence viewers are the trustees of the township where the property boundary is located (Code sections 359A.3 through 359A.11).
   BILL’S PROVISIONS. This bill provides an owner of land subject to Iowa’s fence law includes but is not limited to the department of natural resources when the department is the land’s titleholder.