Read the full stored bill text
Senate
File
432
-
Introduced
SENATE
FILE
432
BY
DRISCOLL
A
BILL
FOR
An
Act
relating
to
the
rights
and
obligations
of
certain
state
1
and
local
government
entities
in
erecting,
rebuilding,
or
2
repairing
partition
fences,
including
the
allocation
of
3
moneys
from
accounts
in
the
Iowa
resources
enhancement
and
4
protection
fund.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
2087XS
(9)
91
da/ns
S.F.
432
Section
1.
NEW
SECTION
.
350.4A
Partition
fences.
1
A
county
conservation
board
that
controls
or
manages
a
tract
2
of
land
shall
have
the
same
rights
and
obligations
as
any
3
private
landowner
when
erecting
and
maintaining
a
partition
4
fence
under
chapter
359A.
5
Sec.
2.
NEW
SECTION
.
359A.1B
Department
of
natural
6
resources
and
county
conservation
boards.
7
The
department
of
natural
resources
or
a
county
conservation
8
board,
with
respect
to
the
entity’s
control
or
management
of
9
a
tract
of
land,
has
the
same
rights
and
obligations
as
any
10
private
landowner
when
erecting
and
maintaining
a
partition
11
fence
under
this
chapter.
12
Sec.
3.
Section
359A.4,
subsection
3,
Code
2025,
is
amended
13
to
read
as
follows:
14
3.
Except
as
provided
in
subsection
3A,
all
of
the
following
15
apply:
16
a.
The
order
shall
assign
to
each
owner
the
part
which
17
portion
that
the
owner
shall
must
erect,
maintain,
rebuild,
18
repair,
trim
,
or
cut
back,
or
pay
for,
and
fix
the
value
19
thereof,
and
prescribe
the
time
within
which
the
same
shall
be
20
completed
or
paid
for,
and,
in
case
of
repair,
may
specify
the
21
kind
of
repairs
to
be
made.
22
b.
If
the
fence
is
not
erected,
maintained,
rebuilt,
or
23
repaired
within
the
time
prescribed
in
the
order,
the
fence
24
viewers
shall
require
the
complaining
landowner
to
deposit
with
25
the
fence
viewers
an
amount
of
money
sufficient
to
pay
for
the
26
erecting,
maintaining,
rebuilding,
repairing,
trimming,
or
27
cutting
back
or
repairing
such
the
fence
,
together
with
the
28
fees
of
the
fence
viewers
and
costs.
Such
The
complaining
29
landowner
shall
be
reimbursed
as
soon
as
the
costs
and
fees
30
assessed
against
the
party
in
default
are
collected
as
provided
31
in
section
359A.6
.
32
Sec.
4.
Section
359A.4,
Code
2025,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
3A.
If
the
parties
to
the
fence
viewers’
35
-1-
LSB
2087XS
(9)
91
da/ns
1/
4
S.F.
432
order
are
a
complaining
landowner
and
either
the
department
of
1
natural
resources
or
a
county
conservation
board,
as
the
entity
2
that
controls
or
manages
the
adjoining
tract
of
land,
all
of
3
the
following
apply:
4
a.
The
fence
viewers’
order
must
assign
to
each
party
the
5
portion
that
the
party
must
erect,
maintain,
rebuild,
repair,
6
trim,
or
cut
back,
or
pay
for,
and
fix
the
value
thereof,
and
7
prescribe
the
time
within
which
the
same
shall
be
completed
8
or
paid
for,
and,
in
case
of
repair,
may
specify
the
kind
9
of
repairs
to
be
made.
The
order
must
include
each
party’s
10
portion
of
the
costs
and
fees
imposed
by
the
fence
viewers.
11
b.
The
complaining
landowner
shall
deposit
an
amount
of
12
money
sufficient
to
pay
for
the
party’s
assigned
portion
of
the
13
costs
and
fees
as
prescribed
in
the
order.
14
c.
Within
thirty
days
of
the
issuance
of
the
order,
the
15
party
that
is
either
the
department
of
natural
resources
or
a
16
county
conservation
board
shall
deposit
with
the
fence
viewers
17
an
amount
of
money
sufficient
to
pay
for
the
party’s
assigned
18
portion
of
costs
and
fees
as
prescribed
in
the
order.
19
d.
(1)
The
department
of
natural
resources
shall
finance
20
its
contribution
using
moneys
allocated
from
the
open
spaces
21
account
of
the
Iowa
resources
enhancement
and
protection
fund
22
as
provided
in
section
455A.19,
subsection
1,
paragraph
“a”
.
23
(2)
A
county
conservation
board
shall
finance
its
24
contribution
using
moneys
allocated
from
the
county
25
conservation
account
of
the
Iowa
resources
enhancement
and
26
protection
fund
as
provided
in
section
455A.19,
subsection
1,
27
paragraph
“b”
.
28
Sec.
5.
Section
359A.5,
Code
2025,
is
amended
to
read
as
29
follows:
30
359A.5
Contribution
postponed.
31
In
case
a
landowner
desires
to
erect
a
partition
hedge
or
32
fence
when
the
owner
of
the
adjoining
land
is
not
liable
to
33
contribute
thereto,
the
fence
viewers
may
assign
to
each
owner
34
the
part
which
portion
that
the
owner
shall
erect,
maintain,
35
-2-
LSB
2087XS
(9)
91
da/ns
2/
4
S.F.
432
rebuild,
and
repair,
trim
,
or
cut
back,
by
pursuing
the
method
1
provided
in
sections
359A.3
and
359A.4
;
but
.
However,
the
2
adjoining
owner
shall
not
be
required
to
contribute
thereto
3
until
the
adjoining
owner
becomes
liable
so
to
do
so
,
as
4
provided
elsewhere
in
this
chapter
provided
.
5
Sec.
6.
Section
455A.19,
subsection
1,
paragraph
a,
Code
6
2025,
is
amended
by
adding
the
following
new
subparagraph:
7
NEW
SUBPARAGRAPH
.
(4)
Unencumbered
and
unobligated
moneys
8
in
the
open
spaces
account
are
allocated
to
the
department
as
9
necessary
to
contribute
to
the
costs
of
erecting,
rebuilding,
10
trimming,
cutting
back,
or
repairing
a
partition
fence,
11
including
the
costs
and
fees
of
the
fence
viewers,
as
provided
12
in
chapter
359A.
13
Sec.
7.
Section
455A.19,
subsection
1,
paragraph
b,
Code
14
2025,
is
amended
by
adding
the
following
new
subparagraph:
15
NEW
SUBPARAGRAPH
.
(08)
Upon
request
by
a
county
16
conservation
board,
unencumbered
and
unobligated
moneys
in
the
17
county
conservation
account
shall
be
allocated
to
a
county
18
conservation
board
as
necessary
to
contribute
to
the
costs
of
19
erecting,
rebuilding,
trimming,
cutting
back,
or
repairing
a
20
partition
fence,
including
the
costs
and
fees
of
the
fence
21
viewers,
as
provided
in
chapter
359A.
22
Sec.
8.
NEW
SECTION
.
456A.39
Partition
fences.
23
The
department
of
natural
resources,
as
the
entity
that
24
controls
or
manages
a
tract
of
land,
shall
have
the
same
rights
25
and
obligations
as
any
private
landowner
when
erecting
and
26
maintaining
a
partition
fence
under
chapter
359A.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
BACKGROUND
——
IOWA
RESOURCES
ENHANCEMENT
AND
PROTECTION
31
FUND.
The
Iowa
resources
enhancement
and
protection
fund
32
(REAP)
consists
of
various
accounts
to
carry
out
a
policy
to
33
protect
the
state’s
natural
resource
heritage
of
air,
soils,
34
waters,
and
wildlife
(Code
chapter
455A,
subchapter
II).
35
-3-
LSB
2087XS
(9)
91
da/ns
3/
4
S.F.
432
Twenty-eight
percent
of
moneys
in
REAP
are
allocated
to
the
1
open
spaces
account,
which
supports
programs
of
the
department
2
of
natural
resources
(DNR)
including
the
acquisition
of
land.
3
Thirty
percent
of
moneys
in
REAP
are
allocated
to
the
county
4
conservation
account
to
support
county
conservation
projects.
5
BACKGROUND
——
IOWA’S
FENCE
LAW.
Iowa’s
fence
law
(Code
6
chapter
359A)
in
part
governs
the
construction
or
maintenance
7
of
fences
existing
on
the
property
boundary
lines
between
8
adjoining
land
of
different
owners,
referred
to
as
a
partition
9
fence.
Either
owner
may
erect
a
partition
fence
and
demand
the
10
other
owner
share
in
the
expenses
(referred
to
as
contribution)
11
(Code
section
359A.1A).
An
owner
may
apply
to
a
panel
of
fence
12
viewers
to
decide
a
controversy
between
the
owners
which
may
13
result
in
an
investigation
and
a
form
of
adjudication
(Code
14
section
359A.22).
The
fence
viewers
are
the
trustees
of
the
15
township
where
the
property
boundary
is
located
(Code
sections
16
359A.3
through
359A.11).
The
fence
viewers
must
issue
an
17
order
to
the
parties
assigning
each
party
their
portion
of
18
the
amount
required
to
erect
or
maintain
(rebuild,
trim,
cut
19
back,
or
repair)
the
fence,
which
may
be
in
the
form
of
a
20
monetary
contribution.
If
the
fence
is
not
erected,
rebuilt,
21
or
repaired
within
the
time
prescribed
in
the
order,
the
22
complaining
landowner
must
deposit
an
amount
sufficient
to
pay
23
for
the
work
subject
to
reimbursement
by
the
other
landowner.
24
BILL’S
PROVISIONS.
The
bill
provides
that
DNR
or
a
county
25
conservation
board
(board),
with
respect
to
the
entity’s
26
control
or
management
of
a
tract
of
land,
has
the
same
rights
27
and
obligations
as
any
private
landowner
when
erecting
and
28
maintaining
a
partition
fence.
The
bill
provides
that
after
29
fence
viewers
issue
an
order,
the
two
parties
must
deposit
30
an
amount
with
the
fence
viewers
sufficient
to
pay
for
that
31
party’s
portion
of
the
costs
plus
the
fence
viewers’
expenses.
32
DNR
is
required
to
make
its
contribution
from
moneys
in
33
REAP’s
open
spaces
account
and
a
board
is
required
to
make
its
34
contribution
from
moneys
in
REAP’s
county
conservation
account.
35
-4-
LSB
2087XS
(9)
91
da/ns
4/
4