IA SF432

Bill

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.)

Introduced
02/25/2025

In Committee
02/25/2025

Crossed Over

Passed

Dead

Introduced Session

91st General Assembly

Bill Summary

BACKGROUND —— IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND. The Iowa resources enhancement and protection fund (REAP) consists of various accounts to carry out a policy to protect the state’s natural resource heritage of air, soils, waters, and wildlife (Code chapter 455A, subchapter II). Twenty-eight percent of moneys in REAP are allocated to the open spaces account, which supports programs of the department of natural resources (DNR) including the acquisition of land. Thirty percent of moneys in REAP are allocated to the county conservation account to support county conservation projects. BACKGROUND —— IOWA’S FENCE LAW. Iowa’s fence law (Code chapter 359A) in part governs the construction or maintenance of fences existing on the property boundary lines 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). An owner may apply to a panel of fence viewers to decide a controversy between the owners which may result in an investigation and a form of adjudication (Code section 359A.22). The fence viewers are the trustees of the township where the property boundary is located (Code sections 359A.3 through 359A.11). The fence viewers must issue an order to the parties assigning each party their portion of the amount required to erect or maintain (rebuild, trim, cut back, or repair) the fence, which may be in the form of a monetary contribution. If the fence is not erected, rebuilt, or repaired within the time prescribed in the order, the complaining landowner must deposit an amount sufficient to pay for the work subject to reimbursement by the other landowner. BILL’S PROVISIONS. The bill provides that DNR or a county conservation board (board), with respect to the entity’s control or management of a tract of land, has the same rights and obligations as any private landowner when erecting and maintaining a partition fence. The bill provides that after fence viewers issue an order, the two parties must deposit an amount with the fence viewers sufficient to pay for that party’s portion of the costs plus the fence viewers’ expenses. DNR is required to make its contribution from moneys in REAP’s open spaces account and a board is required to make its contribution from moneys in REAP’s county conservation account.

AI Summary

This bill clarifies the rights and obligations of the Iowa Department of Natural Resources (DNR) and county conservation boards regarding partition fences (fences between properties owned by different entities) by establishing that these government entities have the same responsibilities as private landowners when constructing or maintaining such fences. The bill modifies existing fence laws to require that when DNR or a county conservation board is involved in a fence dispute, both parties must deposit their portion of fence-related costs with the township's fence viewers within 30 days of an order being issued. Specifically, DNR will finance its fence contributions from the REAP (Resources Enhancement and Protection) fund's open spaces account, while county conservation boards will use funds from the REAP fund's county conservation account. The bill also updates language around fence maintenance, repair, and cost-sharing, ensuring that government conservation entities are treated similarly to private landowners in fence-related legal proceedings. These changes aim to standardize how partition fences are managed and financed when government conservation lands are involved, providing clear guidance for resolving fence-related disputes and maintenance responsibilities.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Dawn Driscoll (R)*,

Last Action

Committee report approving bill, renumbered as SF 597. S.J. 467. (on 03/10/2025)

Official Document

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF432

(3 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF432
BillText	https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF432.html

Bill	Bill Name	Last Action	Type
HSB195	A bill for an act requiring the department of natural resources to comply with requirements governing the erection and maintenance of partition fences.	House Natural Resources Committee (10:30:00 3/4/2025 RM 19)	Related
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.	Similar To
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.	Similar To

Bill > SF432

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (1)

Last Action

Official Document

bill text

bill summary

bill summary

bill summary