Iowa House Bill HF299

Iowa 2023-2024 Regular Session

• Introduced: 2/15/23
• Refer: 2/15/23

Caption

A bill for an act relating to entering property for surveying purposes, and providing penalties.(See HF 643.)

Impact

The implementation of HF299 is expected to significantly impact how surveying work is conducted across Iowa. It introduces a formal requirement for permission, thus increasing the accountability of surveyors and reinforcing property rights. In cases of emergencies or disaster relief activities, surveyors may still enter properties without prior consent, which is an important exception that acknowledges the need for swift action in specific situations. The penalties for non-compliance with the new requirements are also outlined, defining unauthorized entry as trespassing and potentially subjecting surveyors to misdemeanor charges. This could lead to changes in operational protocols for surveying companies and individuals, necessitating thorough communication with property owners before conducting any surveys.

Summary

House File 299 (HF299) addresses the regulations surrounding land surveying activities in Iowa, specifically emphasizing the need for surveyors to obtain explicit permission from property owners before entering private lands. This bill seeks to amend the existing Code to clarify the conditions under which surveyors can access properties. Prior to the enactment of HF299, surveyors were permitted to enter public or private lands for certain surveying tasks without facing trespass charges. The new regulations, however, will require documented consent from property owners, recorded either electronically or in writing, for most circumstances. This change emphasizes the importance of property rights and respects the autonomy of landowners while allowing surveyors necessary access to conduct their work.

Contention

While supporters of HF299 argue that it enhances private property rights and protects landowners, there may be concerns from stakeholders in the surveying industry about the practicality of obtaining permissions, especially in situations requiring timely access for surveying. Some may view this as an additional bureaucratic barrier that could hinder critical surveying operations, especially in situations that do not present an emergency. Critics might also raise issues regarding how this added requirement could slow down projects that depend on timely surveying, thus potentially affecting development timelines and costs in various sectors such as construction, real estate development, and infrastructure planning.