Iowa § 318.10 Fences

Iowa Statutes

§ 318.10 — Fences

Iowa § 318.10

Title VIIITRANSPORTATION

Ch. 318OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY

This text of Iowa § 318.10 (Fences) 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.

Bluebook

Iowa Code § 318.10 (2026).

Text

1.A fence which constitutes an immediate and dangerous hazard shall, without notice or liability in damages, be removed by the highway authority. In all other cases where a fence is an obstruction in a highway right-of-way, notice in writing of not less than thirty days shall be given to the owner, occupant, or agent of the land enclosed by the fence.

2.The notice shall, with reasonable certainty, specify the line to which the fences shall be removed and shall be served in the same manner that original notices are required to be §318.10, OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY 4 served, orinwritingbycertifiedmail, orinanyothermannerreasonablycalculatedtoapprise the person responsible for the fence.

3.The department and the county engineer, or the board of supervisors if a county engineeri

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1. A fence which constitutes an immediate and dangerous hazard shall, without notice or
liability in damages, be removed by the highway authority. In all other cases where a fence
is an obstruction in a highway right-of-way, notice in writing of not less than thirty days shall
be given to the owner, occupant, or agent of the land enclosed by the fence.
2. The notice shall, with reasonable certainty, specify the line to which the fences shall
be removed and shall be served in the same manner that original notices are required to be
§318.10, OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY 4
served, orinwritingbycertifiedmail, orinanyothermannerreasonablycalculatedtoapprise
the person responsible for the fence.
3. The department and the county engineer, or the board of supervisors if a county
engineerisnotavailable, maydesignatethelocationofafencewithinahighwayright-of-way.
A fence that is not properly located within the highway right-of-way shall be removed within
a time prescribed to a designated location. If not so removed, the highway authority may
remove the fences and recover costs as provided in section 318.5.