County holds township appreciation event

AFTON — To thank those who do what may be the most basic form of government, Union County officials hosted a township trustee appreciation event Sept. 12 at the Union County Fairgrounds.

In addition to a catered meal, those in attendance were reminded of township trustee policy and regulations. A subdivision of the county, township trustees also monitor fences and may resolve conflicts upon request. Iowa townships may provide fire protection, emergency medical services, cemeteries, community centers, playgrounds, and, upon voter approval, public halls. Union County has 12 townships.

Each township had three trustees and one clerk. The clerk maintains all township records. Trustees prepare and adopt a budget which may include cemetery maintenance, emergency response and if the township has a hall. All members must live within the township to be eligible to serve. On the Nov. 5 ballot, Pleasant Township voters will decide to allow the county supervisors to appoint clerk and trustees when needed. Existing township officials will remain in the positions until they decide to resign. County officials hope those who do resign will have a suggestion on who to replace them. Pleasant Township is south of Thayer.

Iowa State University Extension Community and Economic Development Specialist Sara Shonrock reviewed some of the township responsibilities. She called townships the fundamental form of government.

Because of the county’s agricultural make up, fences and fence-related issues are part of a township’s duty. Most of Iowa’s statutory fence law was established in the original Iowa Code of 1851 and is still part of Iowa Code. According to the Iowa Cattlemen’s Association, disputes often arise between land owners regarding partition fence and the responsibilities to erect, maintain and repair fence.

A landowner can be required to contribute to the building and maintenance of a fence upon a written request from the adjacent landowner. If livestock trespass due to owner negligence of fence, the livestock owner may be liable for damages and maintenance costs caused by the trespassing livestock. If livestock trespass because an adjoining neighbor’s negligence of fence maintenance, the livestock owner is not liable for damages.

Establishing a Fence Agreement is an informal arrangement where landowners face each other at the midpoint of the fence and agree to maintain the portion which is to their right side. Agreement can be filed with the county recorder making the agreement binding upon the original parties, their heirs, and subsequent owners.

If landowners disagree the township trustees determine responsibility. When landowners disagree, the statutory process is utilized.

1. Complaining landowner submits a written request to the other landowner for the erection of a fence.

2. If the request does not resolve the matter, the complaining landowner submits a formal request to the township trustees to resolve the dispute.

3. Trustees give five days written notice to both parties concerning the time and place of the hearing.

4. Trustees meet and issue a written order that allocates responsibility for maintenance and/or erection. Landowners may need to compensate trustees with a small fee.

A landowner can appeal to the local district court by filing a notice of appeal within 20 days after the trustee’s decision and filing an appeal bond.

Township trustees may also be responsible for what are called “pioneer cemeteries.” Those are when there have been no more than 12 burials in the previous 50 years.

Trustees are required to meet at least twice a year and must be compliant with open meetings laws.