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

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.1A).22).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.