161A.43 DUTY OF PROPERTY OWNERS -- LIABILITY.
To conserve the fertility, general usefulness, and value of the
soil and soil resources of this state, and to prevent the injurious
effects of soil erosion, it is hereby made the duty of the owners of
real property in this state to establish and maintain soil and water
conservation practices or erosion control practices, as required by
the regulations of the commissioners of the respective soil and water
conservation districts. As used in this section, "owners of real
property in this state" includes each state government agency, each
political subdivision of the state and each agency of such a
political subdivision which has under its control publicly owned
land, including but not limited to agricultural land, forests, parks,
the grounds of state educational, penal and human service
institutions, public highways, roads and streets, and other public
rights-of-way.
A landowner shall not be liable for a claim based upon or arising
out of a claim of negligent design or specification, negligent
adoption of design or specification, or negligent installation,
construction, or reconstruction of a soil and water conservation
practice or an erosion control practice that was installed,
constructed, or reconstructed in accordance with generally recognized
engineering or safety standards, criteria, or design theory in
existence at the time of the installation, construction, or
reconstruction. A soil and water conservation practice or an erosion
control practice installed, constructed, or reconstructed in
compliance with rules adopted by the division and currently in effect
shall be deemed to be installed, constructed, or reconstructed
according to generally recognized engineering or safety standards,
criteria, or design theory in existence at the time of the
installation, construction, or reconstruction. A claim shall not be
allowed for failure to upgrade, improve, or alter any aspect of an
existing soil and water conservation practice or erosion control
practice to a new, changed, or altered design standard. This
paragraph does not apply to a claim based on a failure of a landowner
to upgrade, improve, or alter a soil and water conservation practice
or erosion control practice in violation of law. This paragraph does
not apply to claims based upon gross negligence.
Section History: Early Form
[C73, 75, 77, 79, 81, § 467A.43]
Section History: Recent Form
92 Acts, ch 1184, § 4; 92 Acts, ch 1239, § 50
C93, § 161A.43
94 Acts, ch 1023, §16
Referred to in § 161A.48, 161A.74
161A.43 DUTY OF PROPERTY OWNERS -- LIABILITY.
To conserve the fertility, general usefulness, and value of the
soil and soil resources of this state, and to prevent the injurious
effects of soil erosion, it is hereby made the duty of the owners of
real property in this state to establish and maintain soil and water
conservation practices or erosion control practices, as required by
the regulations of the commissioners of the respective soil and water
conservation districts. As used in this section, "owners of real
property in this state" includes each state government agency, each
political subdivision of the state and each agency of such a
political subdivision which has under its control publicly owned
land, including but not limited to agricultural land, forests, parks,
the grounds of state educational, penal and human service
institutions, public highways, roads and streets, and other public
rights-of-way.
A landowner shall not be liable for a claim based upon or arising
out of a claim of negligent design or specification, negligent
adoption of design or specification, or negligent installation,
construction, or reconstruction of a soil and water conservation
practice or an erosion control practice that was installed,
constructed, or reconstructed in accordance with generally recognized
engineering or safety standards, criteria, or design theory in
existence at the time of the installation, construction, or
reconstruction. A soil and water conservation practice or an erosion
control practice installed, constructed, or reconstructed in
compliance with rules adopted by the division and currently in effect
shall be deemed to be installed, constructed, or reconstructed
according to generally recognized engineering or safety standards,
criteria, or design theory in existence at the time of the
installation, construction, or reconstruction. A claim shall not be
allowed for failure to upgrade, improve, or alter any aspect of an
existing soil and water conservation practice or erosion control
practice to a new, changed, or altered design standard. This
paragraph does not apply to a claim based on a failure of a landowner
to upgrade, improve, or alter a soil and water conservation practice
or erosion control practice in violation of law. This paragraph does
not apply to claims based upon gross negligence.
Section History: Early Form
[C73, 75, 77, 79, 81, § 467A.43]
Section History: Recent Form
92 Acts, ch 1184, § 4; 92 Acts, ch 1239, § 50
C93, § 161A.43
94 Acts, ch 1023, §16
Referred to in § 161A.48, 161A.74
161A.43 DUTY OF PROPERTY OWNERS -- LIABILITY.
To conserve the fertility, general usefulness, and value of the
soil and soil resources of this state, and to prevent the injurious
effects of soil erosion, it is hereby made the duty of the owners of
real property in this state to establish and maintain soil and water
conservation practices or erosion control practices, as required by
the regulations of the commissioners of the respective soil and water
conservation districts. As used in this section, "owners of real
property in this state" includes each state government agency, each
political subdivision of the state and each agency of such a
political subdivision which has under its control publicly owned
land, including but not limited to agricultural land, forests, parks,
the grounds of state educational, penal and human service
institutions, public highways, roads and streets, and other public
rights-of-way.
A landowner shall not be liable for a claim based upon or arising
out of a claim of negligent design or specification, negligent
adoption of design or specification, or negligent installation,
construction, or reconstruction of a soil and water conservation
practice or an erosion control practice that was installed,
constructed, or reconstructed in accordance with generally recognized
engineering or safety standards, criteria, or design theory in
existence at the time of the installation, construction, or
reconstruction. A soil and water conservation practice or an erosion
control practice installed, constructed, or reconstructed in
compliance with rules adopted by the division and currently in effect
shall be deemed to be installed, constructed, or reconstructed
according to generally recognized engineering or safety standards,
criteria, or design theory in existence at the time of the
installation, construction, or reconstruction. A claim shall not be
allowed for failure to upgrade, improve, or alter any aspect of an
existing soil and water conservation practice or erosion control
practice to a new, changed, or altered design standard. This
paragraph does not apply to a claim based on a failure of a landowner
to upgrade, improve, or alter a soil and water conservation practice
or erosion control practice in violation of law. This paragraph does
not apply to claims based upon gross negligence.
Section History: Early Form
[C73, 75, 77, 79, 81, § 467A.43]
Section History: Recent Form
92 Acts, ch 1184, § 4; 92 Acts, ch 1239, § 50
C93, § 161A.43
94 Acts, ch 1023, §16
Referred to in § 161A.48, 161A.74
