House Study Bill 195 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON WULF) A BILL FOR An Act requiring the department of natural resources to comply 1 with requirements governing the erection and maintenance of 2 partition fences. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2087YC (3) 91 da/ns
H.F. _____ Section 1. Section 359A.1, Code 2025, is amended to read as 1 follows: 2 359A.1 Definitions. 3 As used in this chapter , unless the context otherwise 4 requires , book , : 5 1. Book , list , record , or schedule kept by a county 6 auditor, assessor, treasurer, recorder, sheriff, or other 7 county officer means the county system as defined in section 8 445.1 . 9 2. Owner includes but is not limited to the department of 10 natural resources, if the department is the titleholder of a 11 tract of land where a partition fence is erected or required to 12 be maintained under this chapter. 13 Sec. 2. NEW SECTION . 456A.39 Partition fences. 14 The department of natural resources shall have the same 15 rights and obligations as any private landowner when erecting 16 and maintaining a partition fence under chapter 359A. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanations substance by the members of the general assembly. 20 BACKGROUND. Iowas fence law (Code chapter 359A) in 21 part governs the construction (erection) or maintenance of 22 a fence existing on the property boundary between adjoining 23 land of different owners, referred to as a partition fence. 24 Either owner may erect a partition fence and demand the other 25 owner share in the expenses (referred to as contribution) 26 (Code section 359A.1A). Each owner has a duty to maintain 27 a lawful and tight fence subject to a number of construction 28 specifications (Code sections 359A.18 through 359A.21). Each 29 party has a duty to maintain an erected partition fence or 30 substitute direct expenses by contribution. A controversy 31 between the owners may result in an investigation and a form 32 of adjudication by a panel of fence viewers (Code section 33 359A.22). The fence viewers are the trustees of the township 34 where the property boundary is located (Code sections 359A.3 35 -1- LSB 2087YC (3) 91 da/ns 1/ 2
H.F. _____ through 359A.11). 1 BILLS PROVISIONS. This bill provides an owner of land 2 subject to Iowas fence law includes but is not limited to the 3 department of natural resources when the department is the 4 lands titleholder. 5 -2- LSB 2087YC (3) 91 da/ns 2/ 2