Schafer v. Cocklin

SCHULTZ, Justice.

This appeal involves the question of whether a condemner, acting pursuant to Iowa Code section 471.4(2) (1991), is required to fence a public way through a condemnee’s unfenced land. In an equity action, plaintiffs Marion and Robert Schafer sought judgment from the district court requiring defendant Jerry Cocklin to fence both sides of a public way through plaintiffs’ property. After a trial on stipulated facts, the district court denied plaintiffs’ petition. We affirm.

In 1991, defendant condemned and paid damages for a right of way through the north thirty feet of…