Bill Text: IA SSB1150 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the installation of cattle guards by landowners along certain streets or highways, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-23 - Subcommittee: Kapucian, Brown, and Bowman. [SSB1150 Detail]
Download: Iowa-2017-SSB1150-Introduced.html
Senate
Study
Bill
1150
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
KAPUCIAN)
A
BILL
FOR
An
Act
relating
to
the
installation
of
cattle
guards
by
1
landowners
along
certain
streets
or
highways,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
NEW
SECTION
.
314.30
Cattle
guards.
1
Notwithstanding
chapter
169C
or
318,
or
any
other
provision
2
of
law
to
the
contrary:
3
1.
A
landowner
may
install
a
cattle
guard
on
a
street
or
4
highway
if
all
of
the
following
apply:
5
a.
The
street
or
highway
terminates
in
a
dead
end,
is
6
completely
or
partially
located
in
a
flood
plain,
serves
no
7
residence,
and
exits
to
a
secondary
road.
8
b.
The
landowner
owns
the
property
on
both
sides
of
the
9
street
or
highway
and
the
property
surrounding
the
portion
of
10
the
street
or
highway
that
terminates
in
a
dead
end.
11
c.
The
effective
purpose
of
restraining
livestock
using
a
12
fence
along
the
street
or
highway
is
continually
impaired
by
13
flooding
or
other
natural
forces.
14
d.
Flooding
or
other
natural
forces
have
and
will,
with
15
a
reasonable
probability,
continue
to
create
liability
for
16
the
landowner
and
risk
of
injury
to
the
public
from
livestock
17
straying
on
to
the
secondary
road
described
in
paragraph
“a”
.
18
2.
A
cattle
guard
installed
pursuant
to
this
section
shall
19
be
installed
at
the
landowner’s
expense
at
a
distance
of
not
20
less
than
sixty-six
feet
from
the
secondary
road
described
in
21
subsection
1.
22
3.
After
a
landowner
installs
a
cattle
guard
pursuant
to
23
this
section,
the
landowner
shall
not
be
required
to
install
24
or
maintain
a
fence
along
the
street
or
highway
described
25
in
subsection
1,
and
shall
not
be
liable
for
any
injury
or
26
loss
arising
from
the
placement
of
the
cattle
guard.
All
of
27
the
following
shall
apply
to
a
landowner
who
is
not
required
28
to
install
or
maintain
a
fence
along
the
street
or
highway
29
pursuant
to
this
subsection:
30
a.
The
landowner
shall
not
be
liable
to
a
local
authority
31
as
provided
in
section
169C.4,
subsection
1,
paragraph
“c”
for
32
livestock
straying
on
to
the
street
or
highway.
33
b.
A
local
authority
shall
not
take
custody
of
the
34
landowner’s
livestock
on
the
street
or
highway
as
provided
in
35
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section
169C.2.
1
c.
The
landowner
shall
not
be
subject
to
section
169C.6
for
2
livestock
straying
on
to
the
street
or
highway.
3
4.
As
used
in
this
section:
4
a.
“Cattle
guard”
means
a
structure
consisting
of
parallel
5
bars
placed
over
a
shallow
ditch
that
allows
motor
vehicles
to
6
pass
over
the
ditch,
but
prevents
cattle
and
other
livestock
7
from
passing
over
the
ditch.
8
b.
“Fence”
means
as
defined
in
section
169C.1.
9
c.
“Landowner”
means
as
defined
in
section
169C.1.
10
d.
“Local
authority”
means
as
defined
in
section
169C.1.
11
e.
“Secondary
road”
means
as
defined
in
section
306.3.
12
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
13
immediate
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
permits
a
landowner
to
install
a
cattle
guard
18
on
a
street
or
highway
if
the
street
or
highway
terminates
19
in
a
dead
end,
is
completely
or
partially
located
in
a
flood
20
plain,
serves
no
residence,
and
exits
to
a
secondary
road;
the
21
landowner
owns
the
property
on
both
sides
of
the
street
or
22
highway
and
the
property
surrounding
the
portion
of
the
street
23
or
highway
that
terminates
in
a
dead
end;
the
effective
purpose
24
of
restraining
livestock
using
a
fence
along
the
street
or
25
highway
is
continually
impaired
by
flooding
or
other
natural
26
forces;
and
flooding
or
other
natural
forces
have
and
will,
27
with
a
reasonable
probability,
continue
to
create
liability
for
28
the
landowner
and
risk
of
injury
to
the
public
from
livestock
29
straying
on
to
the
secondary
road.
The
bill
defines
a
“cattle
30
guard”
as
a
structure
consisting
of
parallel
bars
placed
over
a
31
shallow
ditch
that
allows
motor
vehicles
to
pass
over
the
ditch
32
but
prevents
cattle
and
other
livestock
from
passing
over
the
33
ditch.
34
The
bill
requires
a
cattle
guard
installed
pursuant
to
the
35
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bill
to
be
installed
at
the
landowner’s
expense
at
a
distance
1
of
not
less
than
66
feet
from
the
secondary
road.
2
The
bill
provides
that
after
a
landowner
installs
a
cattle
3
guard,
the
landowner
is
not
required
to
install
or
maintain
a
4
fence
along
the
street
or
highway,
and
is
not
liable
for
any
5
injury
or
loss
arising
from
the
placement
of
the
cattle
guard.
6
The
bill
further
provides
that,
notwithstanding
current
law,
7
such
a
landowner
is
not
liable
to
a
local
authority
taking
8
custody
of
livestock
straying
on
to
the
street
or
highway
for
9
costs
incurred
by
the
local
authority,
a
local
authority
is
10
not
permitted
to
take
custody
of
the
landowner’s
livestock
on
11
the
street
or
highway,
and
the
landowner
is
not
subject
to
the
12
habitual
trespass
provisions
of
Code
chapter
169C
for
livestock
13
straying
on
to
the
street
or
highway.
14
The
bill
takes
effect
upon
enactment.
15
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