Title IX, LOCAL GOVERNMENT (Ch. 331 - 420)

1. A township trustee while engaged in official business shall be compensated at an hourly rate established by the county board of supervisors. However, the county board of supervisors may establish a minimum daily pay rate for the time spent by a township trustee attending a sch…

A township clerk while engaged in official business shall be compensated at the same rate as the pay rate of a township trustee of the same township. [C51, §2548; R60, §909, 911; C73, §3809; C97, §591; S13, §591; C24, 27, 31, 35, 39, § 5572; C46, 50, 54, 58, 62, 66, 71, 73, 75, 7…

Annually, a township shall prepare and adopt a budget, and shall certify taxes as follows: 1. A budget must be prepared for at least the following fiscal year. A proposed budget must show estimates of the following: a. Expenditures from each fund. b. Income from sources other tha…

When any township has within its limits a city with a population exceeding fifteen hundred, the eligible electors of such township residing without the limits of such city may, at any regular session of the board of supervisors of the county, petition to have such township divide…

1. A township budget as finally adopted for the following fiscal year becomes effective July 1. A township budget for the current fiscal year may be amended for any of the following purposes: a. To permit the expenditure of unexpended, unencumbered cash balances on hand at the en…

A township shall keep separate accounts corresponding to the items in the township’s adopted or amended budget. A township shall keep accounts which provide an accurate and detailed statement of all public funds collected, received, or expended for any township purpose, by any to…

1. A township shall not dispose of an interest in personal property, or an interest in real property, by sale, lease, or gift, except in accordance with the following procedure: a. The board of trustees shall set forth its proposal in a resolution and shall publish notice of the …

A petition under section 359.5 shall be accompanied by the affidavit of three eligible electors, to the effect that all of the signatures to the petition are genuine, and that the signers thereof are all eligible electors of the township, residing outside the corporate limits of …

Notice of the time when the petition will be heard shall be given by publication as provided in section 331.305 before the hearing. [C73, §383; C97, §555; S13, §555; C24, 27, 31, 35, 39, § 5533; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.7 ] 87 Acts, ch 43, §13

If the petition is signed by a majority of the registered voters of the township residing without the corporate limits of the city, the board of supervisors shall divide the township into two townships, as petitioned; but, except for election purposes, including the appointment o…

When the citizens of any township set off as provided in section 359.8 desire to dissolve their township organization and return again to the township from which they were taken, they may do so by the same proceedings as provided for the division of the township, except that the …

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

Such orders, decisions, notices, and returns shall be entered of record at length by the township clerk, and a copy thereof certified by the township clerk to the county recorder, who shall record the same in the recorder’s office in the manner specified in sections 558.49 and 55…

The record in the recorder’s office, unless modified, by appeal as hereinafter provided, shall be conclusive evidence of the matters therein stated, and such record or a certified copy thereof shall be competent evidence in all courts. [C97, §2360; C24, 27, 31, 35, 39, § 1839; C4…

The several owners may, in writing, agree upon the portion of partition fences between their lands which shall be erected and maintained by each, which writing shall describe the lands and the parts of the fences so assigned, be signed and acknowledged by them, and filed and reco…

Any order made by the fence viewers, or any agreement in writing between adjoining landowners, when recorded in the office of the recorder of deeds, as in this chapter provided, shall bind the makers, their heirs, and subsequent grantees. [C51, §905; R60, §1536; C73, §1499; C97, …

When the adjoining lands are situated in different townships in the same or different counties, the clerk of the township of the owner making the application shall select two trustees of the clerk’s township as fence viewers, and the clerk of the other township one from that cler…

When a person has made a fence or other improvement on an enclosure, which is found to be on land of another, such person may enter upon the land of the other and remove the fence or other improvement and material, upon the first paying, or offering to pay, the other party for an…

A person building a fence may lay the same upon the line between the person and the adjacent owners, so that it may be partly on one side and partly on the other, and the owner shall have the same right to remove it as if it were wholly on the owner’s own land. [C51, §910; R60, §…

The provisions concerning partition fences shall apply to a fence standing wholly upon one side of the division line. [C51, §911; R60, §1542; C73, §1505; C97, §2366; C24, 27, 31, 35, 39, § 1845; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.17 ] C93, §359A.17

A lawful fence shall consist of: 1. Three rails of good substantial material fastened in or to good substantial posts not more than ten feet apart. 2. Three boards not less than six inches wide and three-quarters of an inch thick, fastened in or to good substantial posts not more…

All partition fences may be made tight by the party desiring it, and when that party’s portion is so completed, and securely fastened to good substantial posts, set firmly in the ground, not more than twenty feet apart, the adjoining property owner shall construct the adjoining o…

The respective owners of adjoining tracts of land shall upon written request of either owner be compelled to erect and maintain partition fences, or contribute thereto, and keep the same in good repair throughout the year. [C51, §895, 900, 901; R60, §1526, 1531, 1532; C73, §1489,…

If said fence be hedge, the owner thereof shall trim or cut it back twice during each calendar year, the first time during the month of June and the last time during the month of September, to within five feet from the ground, unless such owners otherwise agree in writing to be f…

All tight partition fences shall consist of: 1. Not less than twenty-six inches of substantial woven wire on the bottom, with three strands of barbed wire with not less than thirty-six barbs of at least two points to the rod, on top, the top wire to be not less than forty-eight i…

In case adjoining owners or occupants of land shall use the same for pasturing sheep or swine, each shall keep that one’s share of the partition fence in such condition as shall restrain such sheep or swine. [C73, §1507; C97, §2367; S13, §2367; C24, 27, 31, 35, 39, § 1849; C46, 5…

Upon the application of either owner, after notice is given as prescribed in this chapter , the fence viewers shall determine all controversies arising under sections 359A.18 through 359A.21 , including the partition fences made sheep and swine tight. [C97, §2367; S13, §2367; C24…

A landowner of land where livestock are kept or an owner of adjoining land shall be liable to erect or maintain a fence if the livestock trespasses upon the land of a neighboring landowner or strays from the land where the livestock are kept onto a public road, as provided in sec…

Any person affected by an order or decision of the fence viewers may appeal to the district court by filing with the clerk of said court a notice of appeal within twenty days after the rendition of the order or decision appealed from and filing an appeal bond in an amount approve…

Upon the final determination of said appeal the clerk of the district court shall certify to the recorder of deeds the fact that a judgment has been entered upon such appeal, with the book and page of such judgment, and the recorder shall thereupon enter on the recorder’s record …

The township clerk shall enter all matters herein required to be made of record in the clerk’s record book, and shall receive ten cents for each one hundred words in entering of record and making certified copies of the matters herein provided for, and twenty-five cents additiona…

1. The trustees of the township where a controversy arises under this chapter shall serve as fence viewers. The fence viewers shall have authority to hear and decide all questions related to matters that are part of the controversy as provided in this chapter . 2. a. A fence view…

The fence viewers shall give five days’ notice in writing to all parties to the controversy. The notice shall prescribe the time and place of the hearing to decide any and all matters that are part of the controversy as described in the notice. Upon request of any landowner, the …

1. At the time and place described in section 359A.3 , the fence viewers shall meet to hear and decide any and all matters that are part of the controversy. The fence viewers shall issue a written order that specifies the obligations, rights, and duties of the respective parties.…

In case a landowner desires to erect a partition hedge or fence when the owner of the adjoining land is not liable to contribute thereto, the fence viewers may assign to each owner the part which the owner shall erect, maintain, rebuild, and repair, trim or cut back, by pursuing …

If the erecting, rebuilding, or repairing of a fence is not completed within thirty days from and after the time fixed in the order, the board of township trustees acting as fence viewers shall cause the fence to be erected, rebuilt, and repaired, and the value thereof may be fix…

The notice by the fence viewers provided for in this chapter may be served upon any owner nonresident of the county where the land is situated, by publication thereof, once each week, for two consecutive weeks in a newspaper printed in the county in which the land is situated, pr…

All orders and decisions made by the fence viewers shall be in writing, signed by at least two of them, and filed with the township clerk. [C97, §2360; C24, 27, 31, 35, 39, § 1836; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.8 ] C93, §359A.8

All notices in this chapter required to be given shall be in writing, and return of service thereof made in the same manner as notices in actions before a judicial magistrate. [C97, §2360; C24, 27, 31, 35, 39, § 1837; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.9 ] C93,…

1. The trustees, on a petition of a majority of the resident freeholders of any civil township, shall request the county commissioner of elections to submit the question of building or acquiring by purchase, or acquiring by a lease with purchase option, a public hall to the elect…

If a majority of the votes cast are in favor of the tax, the trustees shall certify such fact to the board of supervisors, and they shall thereupon levy a tax not to exceed the rate voted and not to exceed twenty and one-fourth cents per thousand dollars of assessed value each ye…

When there are funds under the control of a township clerk, raised under this chapter which are not desired for the purposes for which they were raised, the trustees may, by majority vote, order that the full amount of the funds in the account established for that purpose be tran…

Any public hall built under the provisions of this chapter shall be located by the township trustees so as to accommodate the greatest number of the resident taxpayers, and for such purpose the trustees may purchase land not to exceed in value five hundred dollars. They shall als…

The township trustees or in case of joint ownership, in conjunction with the city authorities shall have charge of the building of such hall, shall receive bids, and shall let the building of the same to the lowest responsible bidder, and the township clerk shall pay out of the f…

The township clerk, under the direction of the trustees, shall be the custodian of the building, and the use thereof may be permitted by the township trustees to citizens of the township for any lawful purpose; and, for the purposes of this chapter , the township clerk is hereby …

When a tax is voted as provided in this chapter , the township clerk shall, before drawing any of said tax from the treasury of the county, execute a bond, with penalty double the amount of said tax, which bond shall be approved by the board of supervisors. [C97, §572; C24, 27, 3…