General Assembly: 87 (2018 Regular GA) - Chapter 1118 - Cattle guard installation by landowners along streets or highways


Published: 2018-04-17

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CHAPTER 1118 CATTLE GUARD INSTALLATION BY LANDOWNERS ALONG STREETS OR HIGHWAYS

S.F. 449

AN ACT relating to the installation of cattle guards by landowners along certain streets or highways, and including effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 314.30 Cattle guards. Notwithstanding chapter 169C or 318, or any other provision of law to the contrary: 1. A landownermay install a cattle guard on a street or highway if all of the following apply: a. The street or highway is classified as area service “B” or area service “C” as described

in section 309.57. b. The street or highway terminates in a dead end, is completely or partially located in a

flood plain, serves no residence, and exits to a secondary road. c. The landowner owns the property on both sides of the street or highway. 1 d. The effective purpose of restraining livestock using a fence along the street or highway

is continually impaired by flooding or other natural forces. e. Flooding or other natural forces have and will, with a reasonable probability, continue

to create liability for the landowner and risk of injury to the public from livestock straying on to the secondary road to which the street or highway exits. 2. A cattle guard installed pursuant to this section shall be installed on the street or highway

at the landowner’s expense at a distance of not less than sixty-six feet from the secondary road to which the street or highway exits. 3. After a landowner installs a cattle guard pursuant to this section, the landowner and each

successive landowner shall not be required to install or maintain a fence along the street or highway between the point at which the cattle guard is installed and the point at which the street or highway terminates in a dead end. All of the following shall apply to a landowner who is not required to install or maintain a fence along the street or highway pursuant to this subsection: a. The landowner shall not be liable to a local authority as provided in section 169C.4,

subsection 1, paragraph “c”, for livestock straying on to the street or highway. b. A local authority shall not take custody of the landowner’s livestock on the street or

highway as provided in section 169C.2. c. The landowner shall not be subject to section 169C.6 for livestock straying on to the

street or highway. 4. a. A landowner who installs a cattle guard pursuant to this section and each successive

landowner shall be liable for injury to any person, for damage to any vehicle or equipment, and for damage to the contents of any vehicle or equipment, which occurs proximately as a result of the construction, installation, or maintenance of the cattle guard or as a result of livestock straying on to the street or highway between the point at which the cattle guard is installed and the point at which the street or highway terminates in a dead end. b. Upon the installation of a cattle guard pursuant to this section, and before July 1 of each

year thereafter, the landowner who installed the cattle guard or a successive landowner shall submit to the appropriate county office of the county having jurisdiction over the street or highway on which the cattle guard is installed, as designated by the county, proof of liability coverage in effect for the following one-year period which covers any injury or loss arising from the landowner’s liability as set forth in paragraph “a”. c. This section shall not be construed to alter, limit, or nullify themaintenance requirements

assigned to a county, and a county’s liability relating to such maintenance requirements, pursuant to section 309.57 for the street or highway on which the cattle guard is installed. 5. As used in this section:

1 See chapter 1172, §47 herein

Thu Sep 27 13:39:46 2018 1/ 2

CH. 1118 2

a. “Cattle guard” means a structure consisting of parallel bars placed over a shallow ditch that allows motor vehicles to pass over the ditch, but prevents cattle and other livestock from passing over the ditch. b. “Fence” means as defined in section 169C.1. c. “Landowner” means as defined in section 169C.1. d. “Local authority” means as defined in section 169C.1. e. “Secondary road” means as defined in section 306.3.

Sec. 2. Section 321.285, Code 2018, is amended by adding the following new subsection: NEWSUBSECTION. 6A. Notwithstanding any other speed restrictions, the speed limit for

all vehicular traffic on a street or highway on which a cattle guard is installed pursuant to section 314.30 is fifteen miles per hour between the point at which the cattle guard is installed and the point at which the street or highway terminates in a dead end.

Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of immediate importance, takes effect upon enactment. 2

Approved April 17, 2018

2 See chapter 1172, §48 herein

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