IA HSB195

Bill

A bill for an act requiring the department of natural resources to comply with requirements governing the erection and maintenance of partition fences.

Introduced
02/18/2025

In Committee
02/18/2025

Crossed Over

Passed

Dead

Introduced Session

91st General Assembly

Bill Summary

BACKGROUND. Iowa’s fence law (Code chapter 359A) in part governs the construction (erection) or maintenance of a fence existing on the property boundary between adjoining land of different owners, referred to as a partition fence. Either owner may erect a partition fence and demand the other owner share in the expenses (referred to as contribution) (Code section 359A.1A). Each owner has a duty to maintain a lawful and tight fence subject to a number of construction specifications (Code sections 359A.18 through 359A.21). Each party has a duty to maintain an erected partition fence or substitute direct expenses by contribution. A controversy between the owners may result in an investigation and a form of adjudication by a panel of “fence viewers” (Code section 359A.22). The fence viewers are the trustees of the township where the property boundary is located (Code sections 359A.3 H.F. _____ through 359A.11). BILL’S PROVISIONS. This bill provides an owner of land subject to Iowa’s fence law includes but is not limited to the department of natural resources when the department is the land’s titleholder.

AI Summary

This Study Bill clarifies that the Department of Natural Resources (DNR) must follow the same rules as private landowners when it comes to building and maintaining partition fences, which are fences that sit on the boundary line between two adjacent properties owned by different people. Under existing Iowa law, landowners can share the cost of building and upkeep for these fences, and disputes can be settled by "fence viewers," who are local township trustees. This bill specifically adds the DNR to the definition of "owner" in this context, meaning if the DNR owns land that requires a partition fence, it will be subject to the same legal requirements for erecting and maintaining it, just like any other landowner.

Committee Categories

Agriculture and Natural Resources

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Natural Resources (House)

Last Action

House Natural Resources Committee (10:30:00 3/4/2025 RM 19) (on 03/04/2025)

Official Document

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HSB195

(3 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HSB195
BillText	https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HSB195.html

Bill	Bill Name	Last Action	Type
SF432	A bill for an act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.(See SF 597, SF 616.)	Committee report approving bill, renumbered as SF 597. S.J. 467.	Replaced by
SF597	A bill for an act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.(Formerly SF 432; See SF 616.)	Committee report approving bill, renumbered as SF 616. S.J. 640.	Replaced by
SF616	A bill for an act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.(Formerly SF 597, SF 432.)	Message from Senate. H.J. 1079.	Replaced by

Bill > HSB195

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Introduced Session

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Committee Categories

Sponsors (0)

Other Sponsors (1)

Last Action

Official Document

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