This text of Iowa § 169C.6 (Habitual trespass) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.Thelocalauthorityuponitsowninitiativeoruponreceiptofacomplaintshalldetermine
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
responsibl
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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. Thelocalauthorityuponitsowninitiativeoruponreceiptofacomplaintshalldetermine
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
townshiptrusteesunderthatsection, includingbyerectingormaintainingthefence, ordering
payment from a defaulted party, and certifying an amount due to the county treasurer in the
§169C.6, TRESPASSING OR STRAY LIVESTOCK 4
same manner as in section 359A.6. 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 county system and collected in the same manner as ordinary taxes.
Upon certification to the county treasurer, the amount assessed shall be a lien on the parcel
until paid.