This text of Iowa § 359A.2A (Fence viewers — township trustees — authority — conflict of interest) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 viewer who may have a conflict of interest in deciding a question related to
a matter that is part of the controversy must disclose the possible conflict of interest to the
parties and the other fence viewers prior to the fence viewers participating in the matter by
conducting a hearing or making a decision under section 359A.4.
b.A fence viewer who has a conflict of interest in deciding a question related to a
matter that is part of the controversy is disqualified from participating in the matter. The
§359A.2A, FENCES
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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 viewer who may have a conflict of interest in deciding a question related to
a matter that is part of the controversy must disclose the possible conflict of interest to the
parties and the other fence viewers prior to the fence viewers participating in the matter by
conducting a hearing or making a decision under section 359A.4.
b. A fence viewer who has a conflict of interest in deciding a question related to a
matter that is part of the controversy is disqualified from participating in the matter. The
§359A.2A, FENCES 2
disqualification shall be made by the election of the fence viewer or unanimous vote of the
fence viewers who do not have a conflict of interest in the matter. However, if three or more
fence viewers do not have a conflict of interest in the matter, the disqualification shall be
made by a majority vote of those fence viewers.
3. A conflict of interest exists when a fence viewer is presented with a question to
determine any matter affecting a tract of land in which the fence viewer or a person related
to the fence viewer has an ownership or leasehold interest in that tract of land. That person
is related to the fence viewer by being any of the following:
a. An immediate family member who is limited to any of the following:
(1) A spouse.
(2) A child, stepchild, grandchild, parent, stepparent, grandparent, sibling, stepsibling,
half sibling, aunt, uncle, niece, or nephew.
(3) The spouse of any individual described in subparagraph (2).
b. A business associate who is limited to a person holding an interest in the same business
entity as the fence viewer, so long as the person and the fence viewer each have a twenty-five
percent or greater interest in that business entity. As used in this paragraph, “business entity”
meansapersonorganizedorformedunderIowastatuteoraforeignstatute,andisauthorized
under Iowa statute to transact business in this state, either on a profit or nonprofit basis.
4. Upon the disqualification of the fence viewer, the remaining trustees shall appoint a
qualified substitute fence viewer to decide each question related to a matter in controversy.
If a trustee is not remaining, the township clerk shall appoint three qualified substitute fence
viewers to decide each question related to a matter in controversy. However, this subsection
does not apply if the township clerk selects a fence viewer as provided in section 359A.14.
5. Notwithstandingotherprovisionsinthesectiontothecontrary,afenceviewerwhomay
or does have a conflict of interest in a matter that is part of the controversy may participate
in the matter, including by hearing and deciding all questions related to the matter, if each
party to the controversy signs a waiver. The waiver shall state that the party has been notified
of the fence viewer’s conflict of interest and agrees to the fence viewer’s participation in the
matter. The waiver shall be attached to the order issued pursuant to section 359A.4.