Iowa House Bill HF643

Iowa 2023-2024 Regular Session

• Introduced: 3/7/23
• Refer: 5/4/23

Caption

A bill for an act relating to entering property for surveying purposes, and providing penalties.(Formerly HF 299.)

Impact

The bill modifies current laws regarding land surveyors by explicitly stating the circumstances under which they are allowed to access properties. By requiring permission, HF643 strengthens property rights and sets penalties for surveyors who fail to comply with the permission requirement. If a landowner does not respond to a surveyor's request for access within sixty days, the surveyor may assume implicit permission to enter. However, the bill allows for entry without prior permission only in emergencies or disaster relief situations.

Summary

House File 643 is a legislative act that establishes regulations concerning entry onto private property for the purposes of surveying. The bill introduces specific protocols that surveyors must follow before entering a property. It emphasizes the need for explicit permission from individuals with ownership interests in the land, or their next of kin in cases where the owner is unable to give consent. This explicit permission must be documented either electronically or through certified mail prior to entry. The legislation aims to clarify existing laws related to surveying activities and property access.

Contention

Discussions surrounding HF643 may invoke tension between the rights of landowners and the operational needs of surveyors. Proponents of the bill argue that it protects private property rights and ensures transparency in land access for surveying, enhancing landowner autonomy over their property. Conversely, opponents might express concern that the necessary formalities could delay essential surveying projects, especially those related to public works or utilities, potentially hindering development efforts or emergency responses.