H.F. 2111 Section 1. Section 359.17, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. The board of township trustees in each township shall 3 consist of three registered voters of the township. However, 4 in townships with a taxable valuation for property tax purposes 5 of two hundred fifty million dollars or more, the board of 6 township trustees shall consist of five registered voters 7 of the township. The trustees shall act as fence viewers 8 as provided in chapter 359A and shall perform other duties 9 assigned them by law. The board of trustees shall meet not 10 less than two times a year. At least one of the meetings shall 11 be scheduled to meet the requirements of section 359.49 . 12 Sec. 2. NEW SECTION . 359A.2A Fence viewers —— township 13 trustees —— authority —— conflict of interest. 14 1. The trustees of the township where a controversy arises 15 under this chapter shall serve as fence viewers. The fence 16 viewers shall have authority to hear and decide all questions 17 related to the controversy as provided in this chapter. 18 2. a. A fence viewer who may have a conflict of interest in 19 deciding a question related to the controversy must disclose 20 the possible conflict of interest to the parties and the other 21 fence viewers prior to the fence viewers participating in the 22 matter by conducting a hearing or making a decision under 23 section 359A.4. 24 b. A fence viewer who has a conflict of interest in deciding 25 a question related to the controversy is disqualified from 26 participating in the matter. The disqualification shall be 27 made by the election of the fence viewer or unanimous vote 28 of the fence viewers who do not have a conflict of interest 29 in the controversy. However, if three or more fence viewers 30 do not have a conflict of interest in the controversy, the 31 disqualification shall be made by a majority vote of those 32 fence viewers. A declaration of the conflict of interest shall 33 be sent to the board of supervisors of each county where the 34 party’s adjoining property boundary subject of the controversy 35 -1- LSB 5534YH (6) 87 da/jh 1/ 7

H.F. 2111 is located. 1 3. A conflict of interest exists when a fence viewer is 2 asked to make a determination that would directly affect the 3 personal or financial interests of the fence viewer or an 4 immediate family member of the fence viewer. The immediate 5 family member shall be limited to any of the following: 6 a. A spouse. 7 b. A child, stepchild, grandchild, parent, stepparent, 8 grandparent, sibling, stepsibling, half sibling, aunt, uncle, 9 niece, or nephew. 10 c. The spouse of any individual described in paragraph “b” . 11 4. Upon the disqualification of a fence viewer, the board of 12 supervisors shall appoint a qualified substitute fence viewer 13 only for purposes of deciding the controversy. However, this 14 subsection does not apply if the township clerk selects a fence 15 viewer as provided in section 359A.14. 16 5. The board of supervisors may adopt an ordinance providing 17 for any of the following: 18 a. Other circumstances in which a trustee may have a 19 conflict of interest. 20 b. Procedures for providing notice of a conflict of 21 interest, the disqualification of a fence viewer who has 22 a conflict of interest, or the appointment of a qualified 23 substitute fence viewer due to the conflict of interest. 24 6. Notwithstanding other provisions in the section to 25 the contrary, a fence viewer who may or does have a conflict 26 of interest in a controversy may participate in the matter, 27 including by hearing and deciding all questions related to the 28 controversy, if each party to the controversy signs a waiver. 29 The waiver shall state that the party has been notified of the 30 fence viewer’s conflict of interest and agrees to the fence 31 viewer’s participation in the matter. The waiver shall be 32 attached to the order issued pursuant to section 359A.4. 33 Sec. 3. Section 359A.3, Code 2018, is amended to read as 34 follows: 35 -2- LSB 5534YH (6) 87 da/jh 2/ 7

H.F. 2111 359A.3 Powers of fence viewers Notice and hearing . 1 The fence viewers shall have power to determine any 2 controversy arising under this chapter , upon giving give five 3 days’ notice in writing to the opposite party or all parties , 4 prescribing to the controversy. The notice shall prescribe 5 the time and place of meeting to hear and determine the 6 matter named the hearing to decide any and all matters that 7 are part of the controversy as described in said the notice. 8 Upon request of any landowner, the fence viewers shall give 9 such the notice to all adjoining landowners liable for the 10 erection, maintenance, rebuilding, trimming, or cutting back, 11 or repairing of a partition fence, or to pay for an existing 12 hedge or fence. The notice must include the names of the fence 13 viewers and state whether a fence viewer disclosed a possible 14 conflict of interest or whether a substitute fence viewer was 15 appointed due to a fence viewer’s disqualification pursuant to 16 section 359A.2A. 17 Sec. 4. Section 359A.4, Code 2018, is amended to read as 18 follows: 19 359A.4 Decision Hearing —— decision —— order —— deposit. 20 1. At said the time and place described in section 359A.3, 21 the fence viewers shall meet to hear and determine by decide 22 the controversy. The fence viewers shall issue a written order 23 that specifies the obligations, rights, and duties of the 24 respective parties in such matter, and . 25 2. a. If the fence viewers determine the erection of a 26 fence may be unfeasible in any location which constitutes the 27 adjoining parties’ property boundary, the fence viewers shall 28 conduct a site evaluation. The fence viewers may request 29 assistance by the county engineer in the county where the 30 adjoining properties’ boundary is situated. The determination 31 may be based on any of the following: 32 (1) Topography. 33 (2) Terrain. 34 (3) Terraces. 35 -3- LSB 5534YH (6) 87 da/jh 3/ 7

H.F. 2111 (4) Land slope. 1 (5) Unstable ground. 2 (6) The presence of surface water, drainage systems, 3 sinkholes, or water wells. 4 (7) Easements. 5 (8) Utilities. 6 (9) Available area. 7 b. If the fence viewers determine the erection of a fence 8 is unfeasible as provided in the site evaluation, the fence 9 viewers shall assist the parties in reaching an agreement as 10 provided in sections 359A.12 and 359A.13. However, if the 11 parties cannot reach such agreement within sixty days after the 12 site evaluation is completed, the fence viewers shall order 13 the fence’s erection. The fence shall be erected as otherwise 14 provided in this section, except for any location identified 15 as unfeasible in the site evaluation. For that location, the 16 fence viewers shall order the fence to be erected at the most 17 feasible location on the property of an adjoining owner that is 18 closest to that adjoining owner’s property boundary. 19 3. a. The order shall assign to each owner the part which 20 the owner shall erect, maintain, rebuild, trim or cut back, 21 or pay for, and fix the value thereof, and prescribe the time 22 within which the same shall be completed or paid for, and, in 23 case of repair, may specify the kind of repairs to be made. 24 b. If the fence is not erected, rebuilt, or repaired within 25 the time prescribed in the order, the fence viewers shall 26 require the complaining landowner to deposit with the fence 27 viewers a sum an amount of money sufficient to pay for the 28 erecting, rebuilding, trimming, cutting back or repairing such 29 fence together with the fees of the fence viewers and costs. 30 Such complaining landowner shall be reimbursed as soon as 31 the costs and fees assessed against the party in default are 32 collected as provided in section 359A.6 . 33 4. The order shall include the names of the fence viewers. 34 The order shall state whether a fence viewer disclosed a 35 -4- LSB 5534YH (6) 87 da/jh 4/ 7

H.F. 2111 possible conflict of interest, and whether a substitute fence 1 viewer was appointed due to a disqualification pursuant to 2 section 359A.2A. Any waiver of a conflict of interest signed 3 by a party shall be attached to the order. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 GENERAL. This bill amends provisions in Iowa’s fence law 8 (Code chapter 359A) that in part governs the construction 9 (erection) or maintenance of fences existing on the property 10 boundary between land of adjoining owners (sometimes referred 11 to as partition fences), in either circumstances. The first 12 circumstance involves a controversy between the owners that 13 results in an order being issued by the board of trustees 14 of the township where the property boundary is located, who 15 assume the title of fence viewers (Code sections 359A.3 through 16 359A.11 and Code section 359A.22). The second circumstance 17 involves a private agreement entered into by the owners which 18 is recorded in the county where the township is located (Code 19 sections 359A.12 and 359A.13). 20 BILL’S PROVISIONS —— CONFLICTS OF INTEREST. The bill 21 provides for a fence viewer who has a conflict of interest 22 involving any question related to the controversy: If the 23 fence viewer may have a conflict of interest, the fence viewer 24 must make disclosure of the possible conflict of interest to 25 the parties and other fence viewers. If the fence viewer 26 has an actual conflict of interest, the fence viewer must 27 be disqualified either at the fence viewer’s election or by 28 vote of the other trustees. Either action must be described 29 in the fence viewers’ notice to the parties and order. A 30 conflict of interest occurs when a fence viewer is asked to 31 make a determination that would directly affect the personal 32 or financial interests of the fence viewer or immediate family 33 member. If the trustee is disqualified, the county’s board 34 of supervisors must appoint a substitute (unless the township 35 -5- LSB 5534YH (6) 87 da/jh 5/ 7

H.F. 2111 clerk selects a fence viewer in cases in which the adjoining 1 property is located in more than one township). The board 2 of supervisors may also adopt an ordinance providing for 3 additional circumstances which create a conflict of interest 4 and procedures for the disqualification or replacement of a 5 fence viewer. The bill provides that the fence viewer may 6 participate in the matter if the parties to the controversy are 7 notified of the conflict and sign a waiver. 8 BILL’S PROVISIONS —— ERECTION OF FENCES BASED ON A 9 DETERMINATION OF UNFEASIBILITY. The bill provides that the 10 fence viewers may determine that the erection of a fence on 11 the property boundary between the adjoining properties is 12 unfeasible pursuant to a site evaluation conducted by the fence 13 viewers. The determination may be based on a characteristic 14 of the land (e.g., land slope), the presence of water (e.g., 15 located in a floodplain), some prior right (e.g., an easement), 16 or a suitable area is unavailable. In that case, the trustees 17 must assist the parties in reaching an agreement or if that 18 fails take account of the land’s characteristics in the order. 19 The order shall require the fence be erected at a feasible 20 location that is closest to the adjoining party’s property 21 boundary. 22 BACKGROUND. The owner of property has a right to erect a 23 fence on the property boundary between the owner’s property 24 and an adjacent owner (Code section 359A.16). A controversy 25 requiring participation by a township’s fence viewers 26 may be triggered by an owner demanding that the adjoining 27 owner or adjoining owners share in the costs of erecting, 28 maintaining, or repairing the fence. The fence viewers must 29 provide notice to each adjacent owner that they are parties 30 to the controversy. The fence viewers act as adjudicators, 31 by determining the obligations, rights, and duties of the 32 respective parties, including contributions (payments) which 33 must be set forth in an order and be assessed and collected as 34 ordinary taxes (Code section 359A.6). The order is subject 35 -6- LSB 5534YH (6) 87 da/jh 6/ 7