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SCHAFER v. COCKLIN

No. 93-14.

504 N.W.2d 454 (1993)

Marion SCHAFER and Robert L. Schafer, Appellants, v. Jerry D. COCKLIN, Appellee.

Supreme Court of Iowa.

August 25, 1993.

Attorney(s) appearing for the Case

Roger A. Huddle of Conway & Huddle, Wapello, for appellants.

Steven A. Sents of Newell & Sents Law Offices, Columbus Junction, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, NEUMAN, SNELL, and ANDREASEN, JJ.

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

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