Bill Text: IA HF299 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to entering property for surveying purposes, and providing penalties.(See HF 643.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-07 - Committee report approving bill, renumbered as HF 643. [HF299 Detail]
Download: Iowa-2023-HF299-Introduced.html
House
File
299
-
Introduced
HOUSE
FILE
299
BY
DIEKEN
A
BILL
FOR
An
Act
relating
to
entering
property
for
surveying
purposes,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
354.4A,
subsection
1,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
A
land
surveyor
may
enter
public
or
private
land
or
water
3
in
the
state
only
to
occupy,
locate,
relocate,
install,
or
4
replace
survey
monuments,
to
locate
boundaries,
rights-of-way,
5
and
easements,
to
determine
geodetic
positions,
and
to
make
6
surveys
and
maps
and
may
carry
with
them
their
customary
7
equipment
and
vehicles.
A
surveyor
may
shall
not
enter
8
buildings
or
other
structures
located
on
the
land.
Entry
9
under
the
right
granted
in
this
section
shall
not
constitute
10
trespass,
and
land
surveyors
shall
not
be
liable
to
arrest
11
or
a
civil
action
by
reason
of
the
entry.
A
surveyor
shall
12
not
enter
private
property
to
conduct
activities
listed
in
13
this
paragraph
until
the
surveyor,
or
the
surveyor’s
employer,
14
receives
explicit
permission
from
the
current
property
owner.
15
Such
permission
shall
be
recorded
either
electronically
or
in
16
writing.
However,
prior
permission
is
not
required
in
case
of
17
an
emergency,
disaster
cleanup,
or
other
activity
constituting
18
emergency
disaster
relief.
19
Sec.
2.
Section
716.7,
subsection
2,
paragraph
a,
Code
2023,
20
is
amended
by
adding
the
following
new
subparagraph:
21
NEW
SUBPARAGRAPH
.
(8)
Entering
upon
private
property
22
to
conduct
activities
listed
in
section
354.4A,
subsection
23
1,
paragraph
“a”
,
without
properly
acquiring
permission
when
24
required
under
section
354.4A,
subsection
1,
paragraph
“a”
.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
entering
property
for
surveying
29
purposes.
Current
law
states
that
entry
onto
public
or
private
30
property
to
conduct
certain
surveying
activities
does
not
31
constitute
trespass
and
a
surveyor
entering
property
to
conduct
32
such
activities
is
not
liable
to
arrest
or
civil
action
by
33
reason
of
the
entry.
34
The
bill
requires
a
surveyor
to
receive
explicit
permission
35
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from
a
current
property
owner,
recorded
electronically
or
1
in
writing,
prior
to
entering
private
property
to
conduct
2
surveying
activities.
Except
in
case
of
an
emergency,
disaster
3
cleanup,
or
other
activities
constituting
emergency
disaster
4
relief,
a
surveyor
who
enters
private
property
without
properly
5
acquiring
permission
commits
trespass
pursuant
to
Code
chapter
6
716.
General
trespass
is
a
simple
misdemeanor
punishable
by
7
a
scheduled
fine
dependent
on
whether
the
offense
is
a
first,
8
second,
or
third
or
subsequent
violation,
and
may
lead
to
9
arrest
or
enhanced
penalties
depending
on
the
circumstances.
10
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