Understanding where a person’s rights begin and end concerning their property is important for staying on the right side of the law.
This certainly counts for respecting the property rights of others in your travels, whatever you happen to be doing, but also understanding when the law is on your side whenever someone is on your property, be it in your home, in your yard, or on a piece of undeveloped land.
Using excessive force over simple trespass is a good way to get yourself in a lot of trouble, and the situation can be further complicated by each state having its own somewhat unique laws on the subject.
Luckily, Iowa is a state with extremely clear, concise, and logical laws concerning trespassing.
Even someone without significant legal training can easily understand the basis of Iowa’s trespassing laws, and this article will serve as a guide to get you up to speed on the most important and basic concepts. Keep reading to learn more…
Iowa Trespassing Law Overview
- Iowa’s trespassing laws cover permanent and temporary residential dwellings, as well as undeveloped land, other structures, and vehicles.
- Trespassing ranges from a simple misdemeanor all the way to a felony in Iowa.
- Iowa does make exceptions against charges of trespassing for people who are pursuing a freshly wounded animal from hunting, or simply recovering their property that has strayed, blown, or landed on someone else’s property so long as they depart immediately after.
What Constitutes Trespassing in Iowa?
Trespassing in Iowa is defined as the unlawful entering in or remaining upon the property, any property of another person without explicit permission or legal authorization to do so whether or not the property is fenced, posted, or otherwise marked in any way.
Additionally, entering any property with the intention of committing a crime or preventing the lawful use of the property by the owner, owner’s agents, or other people authorized by the owner to be on the property is considered trespassing.
It should be self-evident, but using anything or removing anything whether it be alive or dead, animate or inanimate, from someone else’s property without the explicit permission of the owner or backing by law is also trespassing.
All this is easily spelled out in section 716.7 of the Iowa State statutes. Though lengthy, it is easy to understand and clearly details everything that a citizen needs to know in this regard.
The most important excerpts are shown below, but I encourage you to open and read the complete statutes.
Section 716.7 – Trespass defined.
1. For purposes of this section:a. “Property” shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.2. a. “Trespass” shall mean one or more of the following acts:(…)(1) Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This subparagraph does not prohibit the unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the game or fur-bearing animal which comes to rest on or escapes to the property of another.(2) Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.(3) Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.…
Does Iowa Require “No Trespassing” Signs?
No. Unlike many other states, Iowa does not require land to be posted with no trespassing signage or other markings for the full force of the law to apply.
It is up to the individual to be sure that they are not trespassing upon the lands of another in any way whatsoever.
Is Fencing Required to Protect Property?
No. As detailed above in the preceding section, Iowa does not require any obstacles to entry at a property’s perimeter for the law to be in effect regarding notification.
The onus is on the person who is doing the trespassing, whether or not they know they are trespassing.
Again, you’ll want to be extremely cautious if you are out and about in nature so that you do not stray upon someone else’s property where you don’t have permission to go.
On the other hand, you don’t necessarily have to put up fencing, or signage, at the boundaries of your own property to notify would be trespassers that they cannot enter.
That being said, conspicuously posted signage, fencing, and other such barricades are always a good idea if you are serious about keeping people off of your land for other property.
What Other Marks Indicate “No Trespassing”?
None. Again, Iowa does not require conspicuously posted markings or signage to give notice against trespassing.
Iowa also lacks any other so-called “purple paint” laws that can substitute for no trespassing signs for the same purpose.
Can Solicitors Ignore “No Trespassing” Signs?
Generally no, as though they are not required under the law they certainly still serve as an obvious notice against trespassers when posted at typical entrances to your property, be that on a post or tree at the end of a long driveway, on a stake in your yard, on a fence, or other residential feature.
Although Iowa does not have a history of being particularly harsh against such activity, any solicitors and other door knockers would do well to heed the notice.
Can Trespassing Result in Arrest in Iowa?
Absolutely. Trespassing, especially the more serious kinds of trespassing such as those done in order to commit or further a crime or in flagrant disregard of property rights can definitely result in arrest.
Very especially if you are dealing with someone who already has a criminal record, has specifically been targeting or harassing you, or has a history of trespassing chances are very high they’ll be arrested if caught.
Though most types of trespassing are misdemeanors in the state of Iowa, I would remind readers that misdemeanor crimes can still carry with them lengthy jail sentences and substantial fines.
Also, trespassing in certain state-owned and operated facilities, public utilities, and other such places can result in serious felony charges.
Definitely. Although it may or may not be advised depending on the totality the circumstances, it is entirely possible to take someone to court over trespassing, especially if they are doing it maliciously or have done so repeatedly.
However, it must be pointed out that there are exemptions against the charge of trespassing spelled out in the state statutes
- hunters who are pursuing a freshly injured animal that has come to rest or died on the property of another so long as they pursue unarmed
- anyone who is entering the property of another with the sole purpose of retrieving any personal property, animate or inanimate, which has been blown, traveled, strayed or otherwise transported to rest on said property.
Note that that last bit about entering to retrieve property does not apply or protect against the entering of posted public utilities. See section 716.7 again for details.
Section 716.7 – Trespass defined.
1. For purposes of this section:(…)b. “Trespass” shall not mean either of the following:(1) Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This subparagraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering.…
Special Instances of Trespassing in Iowa
Iowa takes a particularly dim view of anyone who trespasses in or upon, or remains in or upon any public utility property without lawful authority, or into any railway property.
Doing so without explicit authorization will result in substantial penalties and potential jail sentences.
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