Компания Swamp Fox Properties подала в суд на Иллинойсский университет за установку забора на своей земле

AMES — A 5-year-old Ames company named Swamp Fox Properties is suing Iowa State University for asserting a claim on a portion of disputed land by — among other things — putting up fencing and fence posts “encroaching on Swamp Fox’s property.” “ISU and the state have refused to remove their encroaching fence from Swamp Fox’s property, refused to recognize the true boundary of Swamp Fox’s property, and continues to disregard and interfere with Swamp Fox’s property rights,” according to the lawsuit filed last week in Story County District Court. Swamp Fox filed its certificate of organization with the state in August 2021 under registered agent Todd Banner of Ames, according to the Iowa Secretary of State’s Office. Two months later in November 2021, Swamp Fox bought 252 acres of Story County real estate bordering ISU property, according to the lawsuit. The land sits along Y Avenue and 215th Street — northwest of the main ISU campus — according to a property survey Swamp Fox commissioned “to confirm the legal description contained in the deed.” “Through actions and discussions, Swamp Fox became aware that (Iowa State) asserted a claim for title to a portion of that real property acquired by Swamp Fox in November of 2021,” according to the lawsuit. “In an effort to protect its claim to all of that real property it lawfully acquired, Swamp Fox commissioned a second survey in November 2024 that revealed the State of Iowa and/or ISU had — since the date of the first survey — placed fencing and/or fence posts on the Swamp Fox property that encroaches over and across into Swamp Fox’s real property.” Swamp Fox representatives — after seeing the survey — held “extended discussions” with ISU officials, including an attorney, “in an effort to have ISU remove the encroaching fence,” according to the lawsuit. But Iowa State disagreed with the ownership claim and said it — not Swamp Fox — owned the disputed property. In fact, Iowa State said the fence at issue had been in their possession more than a decade — even though, according to the lawsuit, it never filed a claim or statement with the county, as required by a portion of Iowa code setting a 10-year statute of limitations on actions governing property brought against a titleholder. “The statute bars claims to recover an interest in real estate if the claim arose more than 10 years prior and the claimant failed to file and/or record a claim,” according to the lawsuit. Although Swamp Fox has notified ISU and the state of its ownership, the university has refused to take down its fencing, refused to recognize “the true boundary of Swamp Fox’s property, and continues to disregard and interfere with Swamp Fox’s property rights.” The company is suing for affirmation of its rightful ownership and title of the disputed property, allowing it “continued use and enjoyment of its property without further interference or interruption by the state and ISU.” “Swamp Fox, being credibly informed, believes that the State of Iowa and ISU will make adverse claims to property that Swamp Fox owns,” according to the lawsuit. Records dispute Six years before Swamp Fox bought the land, a separate company named Swamp Fox Innovations organized with the state in July 2015 under the same registered agent of Todd Banner. That company provides “real world solutions to everyday challenges in the equine, livestock, and recreational industries.” In 2023, two years after the land purchase, Banner filed a complaint with the Iowa Public Information Board accusing Iowa State of withholding documents and charging too much for records he requested “related to the boundary between an ISU property and an adjoining property owned by Swamp Fox Properties.” Based on the search terms Banner provided Iowa State, its public records officer had to review 248,904 pages — taking nearly 50 hours. “(The) review of these records took 49.5 hours, meaning that she reviewed approximately 5,208 pages per hour or 84 pages per minute on average,” according to the board’s review. “These numbers suggest that her review was incredibly efficient.” At $30 an hour, Iowa State charged $1,455, which the board found to be “reasonable given the scope of the request.” The information board also sided with ISU’s withholding of documents that involved privileged attorney-client communication. “It is unsurprising that much of the information sought would consist of privileged attorney-client communications and attorney work product,” according to the board’s conclusion. “For these reasons, the allegation that ISU improperly withheld records also lacks merit.”