Senate File 200 - Reprinted
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 14)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the liability of a landowner of land where
2 livestock are kept or an owner of adjoining land for erecting
3 and maintaining a fence, and providing for the assessment of
4 property taxes.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 169C.1, Code 2007, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 1A. "Fence" means a fence as described in
1 4 chapter 359A which is lawful and tight as provided in that
1 5 chapter, including but not limited to a partition fence. For
1 6 purposes of this chapter, "fence" includes a fence bordering a
1 7 public road.
1 8 NEW SUBSECTION. 8. "Public road" means a thoroughfare and
1 9 its right=of=way, whether reserved by public ownership or
1 10 easement, for use by the traveling public.
1 11 Sec. 2. NEW SECTION. 169C.6 HABITUAL TRESPASS.
1 12 A habitual trespass occurs when livestock trespasses from
1 13 the land where the livestock are kept onto the land of a
1 14 neighboring landowner or strays from the land where the
1 15 livestock are kept onto a public road, and on three or more
1 16 separate occasions within the prior twelve=month period the
1 17 same or different livestock kept on that land have trespassed
1 18 onto the land of the same neighboring landowner or strayed
1 19 from the land where the livestock are kept on the same public
1 20 road.
1 21 1. The local authority upon its own initiative or upon
1 22 receipt of a complaint shall determine whether livestock are
1 23 trespassing or straying from the land where the livestock are
1 24 kept on a public road, and make a record of its findings.
1 25 2. a. Once a habitual trespass occurs, a neighboring
1 26 landowner may request that the responsible landowner of the
1 27 land where the trespassing or stray livestock are kept erect
1 28 or maintain a fence on the land. The neighboring landowner
1 29 shall make the request to the responsible landowner in
1 30 writing. The responsible landowner may compel an adjacent
1 31 landowner to contribute to the erection or maintenance of the
1 32 fence as provided in chapter 359A.
1 33 b. If the responsible landowner does not erect or maintain
1 34 a fence within thirty days after receiving the request, the
1 35 neighboring landowner may apply to the fence viewers as
2 1 provided in chapter 359A as if the matter were a controversy
2 2 between the responsible landowner and an adjacent landowner,
2 3 and the matter shall be resolved by an order issued by the
2 4 fence viewers, subject to appeal, as provided in chapter 359A.
2 5 The neighboring landowner shall be a party to the controversy
2 6 as if the neighboring party were an adjacent landowner. The
2 7 neighboring landowner is not liable for erecting or
2 8 maintaining the fence, unless the neighboring landowner is an
2 9 adjacent landowner who is otherwise required to make a
2 10 contribution under chapter 359A.
2 11 3. If the fence is not erected or maintained as required
2 12 in section 359A.6, and upon the written request of the board
2 13 of township trustees, the board of supervisors of the county
2 14 where the fence is to be erected or maintained shall act in
2 15 the same manner as the board of township trustees under that
2 16 section, including by erecting or maintaining the fence,
2 17 ordering payment from a defaulted party, and certifying an
2 18 amount due to the county auditor. The amount due shall
2 19 include the total costs required to erect or maintain the
2 20 fence and a penalty equal to five percent of the total costs.
2 21 The amount shall be placed upon the tax books, and collected
2 22 with interest and penalties after due, in the same manner as
2 23 other unpaid property taxes.
2 24 Sec. 3. NEW SECTION. 359A.22A HABITUAL TRESPASS.
2 25 A landowner of land where livestock are kept or an owner of
2 26 adjoining land shall be liable to erect or maintain a fence if
2 27 the livestock trespasses upon the land of a neighboring
2 28 landowner or strays from the land where the livestock are kept
2 29 onto a public road, as provided in section 169C.6.
2 30 SF 200
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