July is on the way and so are some new rules.

Railroads have less Railroading power

Iowa’s recreational immunity law, which has an enclosed list of activities that so long as the landowner doesn’t charge for them, provides immunity from claims against the landowner, has been expanded. It now includes rail road right of way crossings on a rec path or trail. That deflates obstruction of trail networks by railroads who cite liability a concern for lack of working with trail developments.

I am not a fan of any industry whose very name is also a verb, but in this instance, I can see why the immunity statute has been expanded. Railroads are historically very protective of the land they stole and wrested away from landowners in the 1800s…er I mean used eminent domain for public good.  Any thing that can take away a potential roadblock to those organizations allowing their property to be once again used for public good is a good thing.

RPA Go away.

The term “drones” is apparently triggering, so the Airforce and the industry are now referring to drones as Remote Piloted Aircraft or RPA.  Iowa has an RPA trespass law that now prevents RPAs from going over homestead or farms with animals secured 400 feet in the air and 400 feet linear buffer.  The new crimes can be classified as intrusion (for knowingly flying over) or surveillance for using cameras and the like. The first is a simple misdemeanor and the second is serious misdemeanor.  Naturally, if you have permission, are over 400 feet, are a utility company, the government, a railroad company or collecting weather data you are exempt. Property owners can get a district court order injunction and attorney fees. We giveth and taketh with the railroads I see.

As an aside, I think its interesting that we have created a fast track to get an injunction for RPA issues but when a similar measure to get an upfront ruling on eminent domain was floated it was killed along pipeline supported lines.

We are a long way from when real estate agents were taking overhead photos and accidently catching adjoining homeowners sunbathing nude a mere ten year or so ago. I do think I smell the farm production lobby hard at work on this bill in favor of it, as it is an area of contention with them about RPAs flying over animal facilities. They assume (correctly sometimes I am sure) that the operators are folks who wish to paint animal production ag in a bad light and some overheads of a facility at the wrong angle or with a little doctoring could be inflammatory to the general public.

UTV’s are Free to Roam, Hunters maybe should think a bit.

UTV’s that are registered with the state can be operated on stake park road systems. Hunters who trespass will see increased fines compared to regular trespass. With the low amount of a trespass ticket, hunters could easily just factor in the ticket as a cost of the hunt. With the fines now $500 for the first violations an up to $1500 for third or subsequent maybe a map app is worth the investment now.

These are just a few of laws that are impacting Iowans .

About Us

Dillon Law focuses on providing quick response to client's needs with staff who understand the agricultural climate in which we live. This firm is a general practice firm, including but not limited to Agricultural Law, Criminal Law, Debt Collection, Wills/ Probate and Estate Planning, Tax Preparation, Real Estate, Bankruptcy.

Patrick B. Dillon

pat dillon

PATRICK B. DILLON

Patrick B. Dillon enjoys finding solutions to legal issues and catching problems for clients. Pat practices in the Sumner office regularly represents clients in district, associate district and magistrate courts for agricultural, real estate, criminal and collection issues. He drafts wills and trusts, creates estate plans and helps clients through the probate process.

Jill Dillon

Jill Dillon profile 3 2024

JILL DILLON

Jill is a University of Northern Iowa undergraduate (Political Science Cum Laude) and a Drake University Law School graduate. Jill is a firm owner but not currently accepting private pay clients. Jill still has ties to her family farm operation which includes a dairy herd.

Tori Beyer

Tori Beyer - profile 2024

TORI BEYER

Tori is a University of Iowa undergraduate where she double majored in Criminology, Justice, and Law and Ethics and Public Policy and a North Dakota Law School graduate. Tori practices in the Sumner office. Tori's areas of practice include but are not limited to estate planning, wills/probate, criminal defense, and civil litigation.

Scroll to Top