SF 597 (LSB 2087SV (2) 91)

SENATE FILE 597

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SF 432)

A BILL FOR

An Act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  350.4A  Partition fences.
   A county conservation board that controls or manages a tract of land shall have the same rights and obligations as any private landowner when erecting and maintaining a partition fence under chapter 359A.
    Sec. 2.  NEW SECTION.  359A.1B  Department of natural resources and county conservation boards.
   The department of natural resources or a county conservation board, with respect to the entity’s control or management of a tract of land, has the same rights and obligations as any private landowner when erecting and maintaining a partition fence under this chapter.
    Sec. 3.  Section 359A.4, subsection 3, Code 2025, is amended to read as follows:
   3.  Except as provided in subsection 3A, all of the following apply:
   a.  The order shall assign to each owner the part which portion that the owner shall must erect, maintain, rebuild, repair, trim, or cut back, or pay for, and fix the value thereof, and prescribe the time within which the same shall be completed or paid for, and, in case of repair, may specify the kind of repairs to be made.
   b.  If the fence is not erected, maintained, rebuilt, or repaired within the time prescribed in the order, the fence viewers shall require the complaining landowner to deposit with the fence viewers an amount of money sufficient to pay for the erecting, maintaining, rebuilding, repairing, trimming, or cutting back or repairing such the fence, together with the fees of the fence viewers and costs. Such The complaining landowner shall be reimbursed as soon as the costs and fees assessed against the party in default are collected as provided in section 359A.6.
    Sec. 4.  Section 359A.4, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  If the parties to the fence viewers’ order are a complaining landowner and either the department of natural resources or a county conservation board, as the entity that controls or manages the adjoining tract of land, all of the following apply:
   a.  The fence viewers’ order must assign to each party the portion that the party must erect, maintain, rebuild, repair, trim, or cut back, or pay for, and fix the value thereof, and prescribe the time within which the same shall be completed or paid for, and, in case of repair, may specify the kind of repairs to be made. The order must include each party’s portion of the costs and fees imposed by the fence viewers.
   b.  The complaining landowner shall deposit an amount of money sufficient to pay for the party’s assigned portion of the costs and fees as prescribed in the order.
   c.  Within thirty days of the issuance of the order, the party that is either the department of natural resources or a county conservation board shall deposit with the fence viewers an amount of money sufficient to pay for the party’s assigned portion of costs and fees as prescribed in the order.
   d.  (1)  The department of natural resources may finance its contribution using moneys allocated from the open spaces account of the Iowa resources enhancement and protection fund as provided in section 455A.19, subsection 1, paragraph “a”.
   (2)  A county conservation board may finance its contribution using moneys allocated from the county conservation account of the Iowa resources enhancement and protection fund as provided in section 455A.19, subsection 1, paragraph “b”.
    Sec. 5.  Section 359A.5, Code 2025, is amended to read as follows:
   359A.5  Contribution postponed.
   In case a landowner desires to erect a partition hedge or fence when the owner of the adjoining land is not liable to contribute thereto, the fence viewers may assign to each owner the part which portion that the owner shall erect, maintain, rebuild, and repair, trim, or cut back, by pursuing the method provided in sections 359A.3 and 359A.4; but. However, the adjoining owner shall not be required to contribute thereto until the adjoining owner becomes liable so to do so, as provided elsewhere in this chapter provided.
    Sec. 6.  Section 455A.19, subsection 1, paragraph a, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  Unencumbered and unobligated moneys in the open spaces account are allocated to the department as necessary to contribute to the costs of erecting, rebuilding, trimming, cutting back, or repairing a partition fence, including the costs and fees of the fence viewers, as provided in chapter 359A.
    Sec. 7.  Section 455A.19, subsection 1, paragraph b, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (08)  Upon request by a county conservation board, unencumbered and unobligated moneys in the county conservation account shall be allocated to a county conservation board as necessary to contribute to the costs of erecting, rebuilding, trimming, cutting back, or repairing a partition fence, including the costs and fees of the fence viewers, as provided in chapter 359A.
    Sec. 8.  NEW SECTION.  456A.39  Partition fences.
   The department of natural resources, as the entity that controls or manages a tract of land, 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 RESOURCES ENHANCEMENT AND PROTECTION FUND. The Iowa resources enhancement and protection fund (REAP) consists of various accounts to carry out a policy to protect the state’s natural resource heritage of air, soils, waters, and wildlife (Code chapter 455A, subchapter II).  Twenty-eight percent of moneys in REAP are allocated to the open spaces account, which supports programs of the department of natural resources (DNR) including the acquisition of land. Thirty percent of moneys in REAP are allocated to the county conservation account to support county conservation projects.
   BACKGROUND —— IOWA’S FENCE LAW. Iowa’s fence law (Code chapter 359A) in part governs the construction or maintenance of fences existing on the property boundary lines 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). An owner may apply to a panel of fence viewers to decide a controversy between the owners which may result in an investigation and a form of adjudication (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). The fence viewers must issue an order to the parties assigning each party their portion of the amount required to erect or maintain (rebuild, trim, cut back, or repair) the fence, which may be in the form of a monetary contribution. If the fence is not erected, rebuilt, or repaired within the time prescribed in the order, the complaining landowner must deposit an amount sufficient to pay for the work subject to reimbursement by the other landowner.
   BILL’S PROVISIONS. The bill provides that DNR or a county conservation board (board), with respect to the entity’s control or management of a tract of land, has the same rights and obligations as any private landowner when erecting and maintaining a partition fence. The bill provides that after fence viewers issue an order, the two parties must deposit an amount with the fence viewers sufficient to pay for that party’s portion of the costs plus the fence viewers’ expenses. DNR may make its contribution from moneys in REAP’s open spaces account and a board may make its contribution from moneys in REAP’s county conservation account.