Bill Text: IA HSB35 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the liability of possessors and occupants of land for injury to trespassers and including applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-01 - Committee report, recommending passage. H.J. 179. [HSB35 Detail]
Download: Iowa-2017-HSB35-Introduced.html
House
Study
Bill
35
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
liability
of
possessors
and
occupants
of
1
land
for
injury
to
trespassers
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
NEW
SECTION
.
462.1
Liability
of
possessors
and
1
occupants
of
land
to
trespassers.
2
1.
A
possessor
of
any
fee,
reversionary,
or
easement
3
interest
in
real
property,
including
but
not
limited
to
an
4
owner,
lessee,
or
other
lawful
occupant,
owes
no
duty
of
care
5
to
a
trespasser
except
to
refrain
from
willfully
or
wantonly
6
injuring
the
trespasser
and
to
use
reasonable
care
to
avoid
7
injuring
the
trespasser
after
that
trespasser’s
presence
8
becomes
known.
9
2.
This
section
shall
not
be
construed
to
affect
the
common
10
law
doctrine
of
attractive
nuisance.
11
3.
This
section
does
not
create
or
increase
the
civil
12
liability
of
any
possessor
or
occupant
of
real
property
and
13
does
not
affect
any
immunities
from
or
defenses
to
civil
14
liability
established
by
another
section
of
the
Code
or
15
available
at
common
law
to
which
a
possessor
or
occupant
of
16
real
property
may
be
entitled.
17
Sec.
2.
APPLICABILITY.
This
Act
applies
to
all
causes
of
18
action
accrued
on
or
after
the
effective
date
of
this
Act.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
liability
of
a
possessor
or
occupant
23
of
land
for
injury
to
a
trespasser.
24
The
bill
provides
that
a
possessor
of
any
fee,
reversionary,
25
or
easement
interest
in
real
property,
including
but
not
26
limited
to
an
owner,
lessee,
or
other
lawful
occupant,
owes
no
27
duty
of
care
to
a
trespasser
except
to
refrain
from
willfully
28
or
wantonly
injuring
the
trespasser
and
to
use
reasonable
29
care
to
avoid
injuring
the
trespasser
after
that
trespasser’s
30
presence
becomes
known.
31
The
bill
does
not
affect
the
common
law
doctrine
of
32
attractive
nuisance,
which
imposes
a
duty
on
a
landowner
to
33
protect
children
from
dangerous
conditions
of
or
items
on
34
the
property
that
will
foreseeably
attract
children
onto
the
35
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H.F.
_____
property.
1
The
bill
does
not
create
or
increase
the
civil
liability
of
2
any
possessor
or
occupant
of
real
property
and
does
not
affect
3
any
immunities
from
or
defenses
to
civil
liability
established
4
by
another
Code
section
or
available
at
common
law
to
which
a
5
possessor
or
occupant
of
real
property
may
be
entitled.
6
The
bill
applies
to
all
causes
of
action
accrued
on
or
after
7
the
effective
date
of
the
bill.
8
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2
