169C.6 - HABITUAL TRESPASS.
169C.6 HABITUAL TRESPASS.
A habitual trespass occurs when livestock trespasses from the land
where the livestock are kept onto the land of a neighboring landowner
or strays from the land where the livestock are kept onto a public
road, and on three or more separate occasions within the prior
twelve-month period the same or different livestock kept on that land
have trespassed onto the land of the same neighboring landowner or
strayed from the land where the livestock are kept onto the same
public road.
1. The local authority upon its own initiative or upon receipt of
a complaint shall determine whether livestock are trespassing or
straying from the land where the livestock are kept onto a public
road, and make a record of its findings.
2. a. Once a habitual trespass occurs, a neighboring
landowner may request that the responsible landowner of the land
where the trespassing or stray livestock are kept erect or maintain a
fence on the land. The neighboring landowner shall make the request
to the responsible landowner in writing. The responsible landowner
may compel an adjacent landowner to contribute to the erection or
maintenance of the fence as provided in chapter 359A.
b. If the responsible landowner does not erect or maintain a
fence within thirty days after receiving the request, the neighboring
landowner may apply to the fence viewers as provided in chapter 359A
as if the matter were a controversy between the responsible landowner
and an adjacent landowner, and the matter shall be resolved by an
order issued by the fence viewers, subject to appeal, as provided in
chapter 359A. The neighboring landowner shall be a party to the
controversy as if the neighboring party were an adjacent landowner.
The neighboring landowner is not liable for erecting or maintaining
the fence, unless the neighboring landowner is an adjacent landowner
who is otherwise required to make a contribution under chapter 359A.
3. If the fence is not erected or maintained as required in
section 359A.6, and upon the written request of the board of township
trustees, the board of supervisors of the county where the fence is
to be erected or maintained shall act in the same manner as the board
of township trustees under that section, including by erecting or
maintaining the fence, ordering payment from a defaulted party, and
certifying an amount due to the county auditor. The amount due shall
include the total costs required to erect or maintain the fence and a
penalty equal to five percent of the total costs. The amount shall
be placed upon the tax books, and collected with interest and
penalties after due, in the same manner as other unpaid property
taxes. Section History: Recent Form
2007 Acts, ch 64, §2
Referred to in § 359A.22A