2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS=OF=WAY
318.10 - FENCES.

        318.10  FENCES.
         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 served, or in writing
      by certified mail, or in any other manner reasonably calculated to
      apprise the person responsible for the fence.
         3.  The department and the county engineer, or the board of
      supervisors if a county engineer is not available, may designate the
      location of a fence within a highway right-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.  
         Section History: Recent Form
         2006 Acts, ch 1097, §10
         Manner of service. R.C.P. 1.302--1.315

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