reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.16 - Petition dismissed.

359.16 Petition dismissed.
If it appears to said board that a majority of the citizens of such township are opposed to such change, such petition shall be dismissed. The cost of the proceeding in all cases shall be taxed against the petitioners.
[C73, §414; C97, §582; C24, 27, 31, 35, 39, §5542; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.16]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.17 - Trustees — duties — meetings.

359.17 Trustees — duties — meetings.
1. The board of township trustees in each township shall consist of three registered voters of the township. However, in townships with a taxable valuation for property tax purposes of two hundred fifty million dollars or more, the board of township trustees shall consist of five registered voters of the township. The trustees shall act as fence viewers as provided in chapter 359A and shall perform other duties assigned them by law. The board of trustees shall meet not less than two times a year. At least one of the meetings shall be scheduled to meet the requirements of section 359.49.
2. A board of township trustees shall give prior notice of a meeting to discuss, deliberate, or act upon a matter relating to the budget or a tax levy of the township or relating to the trustees’ duty to provide fire protection service and, if provided, emergency medical service, pursuant to section 359.42. The trustees shall give notice of such meeting at least twenty-four hours preceding the commencement of the meeting. The notice shall state the time, date, and place of the meeting and the proposed agenda. The notice shall be provided to the county auditor who shall post the notice in an area of the courthouse where notices to the public are commonly posted.
[C51, §221, 224; R60, §443, 446; C73, §389, 393, 969; C97, §574, 1074, 1538; S13, §1074, 1528; C24, 27, 31, 35, 39, §5543; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.17]
2000 Acts, ch 1113, §1, 3, 4; 2000 Acts, ch 1117, §22; 2001 Acts, ch 56, §30; 2002 Acts, ch 1134, §102, 115; 2007 Acts, ch 139, §1; 2009 Acts, ch 132, §4; 2018 Acts, ch 1081, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.18 - County attorney as counsel.

359.18 County attorney as counsel.
In counties having a population of less than twenty-five thousand, where the trustees institute, or are made parties to, litigation in connection with the performance of their duties, as provided in this chapter, the county attorney, as a part of the county attorney’s official duties, shall appear in behalf of the township trustees, except in cases in which the interests of the county and those of the trustees are adverse.
[S13, §564; C24, 27, 31, 35, 39, §5544; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.18]
Referred to in §331.756(54), 359.19
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.19 - Employment of counsel.

359.19 Employment of counsel.
When litigation shall arise in any case not covered by section 359.18, involving the right or duty of township trustees with reference to any matter within their jurisdiction, and the trustees become or are made parties to such litigation, they shall have authority to employ attorneys in behalf of said township, and to levy the necessary tax to pay for their services, and to defray the expenses of such litigation.
[C97, §564; S13, §564; C24, 27, 31, 35, 39, §5545; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.19]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.20 - Clerk to keep record.

359.20 Clerk to keep record.
1. The township clerk shall keep a record of all the proceedings and orders of the trustees, and of all acts done by the township clerk, including the filing of certificates of official oaths having been taken before other officers, and perform such other acts as may be required by law.
2. Township records and documents, or accurate reproductions, shall be kept by the township clerk for at least five years except that:
a. Resolutions, board proceedings, records and documents, or accurate reproductions, relating to the issuance of public bonds or obligations shall be kept for at least eleven years following the final maturity of the bonds or obligations. Thereafter, such records, documents, and reproductions may be destroyed, preserving confidentiality as necessary.
b. Resolutions, board proceedings, records, and documents, or accurate reproductions, relating to real property transactions shall be maintained permanently.
[C51, §223, 226, 227; R60, §445, 448, 449; C73, §392, 395, 396; C97, §576; S13, §576; C24, 27, 31, 35, 39, §5546; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.20]
2000 Acts, ch 1117, §23
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.21 - Receipt and custody of funds.

359.21 Receipt and custody of funds.
1. Each township clerk shall receive, collect, and disburse, under the orders of the township trustees, all funds belonging to the township, including the cemetery fund. A claim shall not be paid until it has been audited by the trustees.
2. Before the fifteenth day of each month, the county treasurer shall notify the chairperson of the board of trustees of the amount collected for each fund to the first day of that month and shall pay that amount to the clerk as provided in section 331.552, subsection 29.
[S13, §576; C24, 27, 31, 35, 39, §5547; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.21]
84 Acts, ch 1003, §8
Deposits in general, §12C.1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.23 - Receipts and expenditures — annual statement.

359.23 Receipts and expenditures — annual statement.
1. Each township clerk shall prepare, on or before September 30 of each year, a statement in writing, showing all receipts of money and disbursements in the clerk’s office for each separate tax levy authorized by law for the preceding fiscal year, showing the current public debt of the township, and showing the balance as of June 30 of all separate reserve accounts held by the township, which shall be certified as correct by the trustees of the township. The statement shall be in a form prescribed by the county finance committee in consultation with the department of management. Each township clerk shall send a copy of this written statement to the county auditor no later than seven days after the statement is certified by the trustees. The county auditor shall post the statement or a summary of the statement in a prominent place in the building where the auditor’s office is located. The county treasurer shall withhold disbursement of township taxes until the statement is filed with the county auditor. The county auditor shall notify the county treasurer if taxes are to be withheld.
2. The county auditor may waive the requirement that a township send a copy of the written financial statement to the county auditor.
[C97, §578; SS15, §578; C24, 27, 31, 35, 39, §5552; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.23]
2000 Acts, ch 1117, §24; 2020 Acts, ch 1062, §94
Referred to in §331.502
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.24 - Clerk and trustees abolished.

359.24 Clerk and trustees abolished.
Where a city constitutes one or more civil townships the boundary lines of which coincide throughout with the boundary lines of the city, the offices of township clerk and trustee are abolished.
[C97, §560; S13, §560; C24, 27, 31, 35, 39, §5553; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.24]
Referred to in §359.25, 359.26, 359.27
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.25 - Clerk and council to act.

359.25 Clerk and council to act.
The duties required by law of the township clerk in cities described in section 359.24 shall be performed by the city clerk, and those required of the board of trustees shall be performed by the city council.
[C97, §561; C24, 27, 31, 35, 39, §5554; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.25]
2022 Acts, ch 1021, §96
Referred to in §359.27
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.26 - Transfer of funds.

359.26 Transfer of funds.
The moneys and assets belonging to each civil township described in section 359.24 shall become the moneys and assets of the city in which the civil township is situated. The township clerks shall turn such moneys and assets over to the city treasurer or clerk, to be disbursed by the city in the same manner and for the same purposes as required by law for the disposition of township funds. The city shall assume all liabilities of a civil township to which the provisions of this section apply.
[C97, §562; C24, 27, 31, 35, 39, §5555; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.26]
2022 Acts, ch 1021, §97
Referred to in §359.27
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.27 - Payment of funds.

359.27 Payment of funds.
County treasurers are hereby authorized to pay over to the treasurers or clerks of cities which come under the provisions of sections 359.24, 359.25 and 359.26 all funds which would otherwise be paid over to the township clerks of such townships.
[C97, §563; C24, 27, 31, 35, 39, §5556; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.27]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.28 - Condemnation.

359.28 Condemnation.
The township trustees are hereby empowered to condemn, or purchase and pay for out of the general fund, or the specific fund voted for such purpose, and enter upon and take, any lands within the territorial limits of such township for the use of cemeteries, a community center or juvenile playgrounds, in the same manner as is now provided for cities. However, the board of supervisors or a cemetery commission appointed by the board of supervisors shall control and maintain pioneer cemeteries as defined in section 331.325.
[C97, §585; S13, §585; C24, 27, 31, 35, 39, §5558; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.28]
96 Acts, ch 1182, §3
Referred to in §331.325
Procedure, chapter 6B
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.29 - Gifts and donations.

359.29 Gifts and donations.
Civil townships are hereby authorized and empowered to receive by gift, devise, or bequest, money or property for the purpose of establishing and maintaining libraries, township halls, cemeteries, or for any other public purpose. All such gifts, devises, or bequests shall be effectual only when accepted by resolution of the board of trustees of such township.
[S13, §585; C24, 27, 31, 35, 39, §5559; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.29]
Referred to in §331.325, 359.30
Township halls, chapter 360
Gifts to governmental bodies, see §565.6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.30 - Cemetery and park tax.

359.30 Cemetery and park tax.
Township trustees shall, at the regular meeting in November, levy a tax sufficient to pay for any lands so condemned or purchased, or for the necessary improvement and maintenance of cemeteries thus established, and for the necessary improvement and the maintenance of public parks acquired by gift, devise, or bequest under section 359.29, or for the maintenance and improvement of cemeteries so established in adjoining townships, if the trustees deem such action advisable.
[C97, §586; SS15, §586; C24, 27, 31, 35, 39, §5560; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.30]
2020 Acts, ch 1063, §197
Referred to in §331.325, 331.402, 359.34, 359.37
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.31 - Power and control.

359.31 Power and control.
Township trustees shall control any such cemeteries, or appoint trustees for the cemeteries, or sell the property to any private corporation for cemetery purposes.
[C97, §586; SS15, §586; C24, 27, 31, 35, 39, §5561; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.31]
2020 Acts, ch 1063, §198; 2021 Acts, ch 80, §232
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.32 - Sale of lots — gifts.

359.32 Sale of lots — gifts.
Township trustees shall have authority to provide for the sale of lots, or portions thereof, in any cemetery under their control, and make rules in regard thereto. Township trustees may provide for perpetual upkeep by the establishment of a perpetual upkeep fund from the proceeds of sale of lots, and may accept a gift, devise, or bequest made to them for that purpose.
[C39, §5561.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.32]
2020 Acts, ch 1063, §199; 2021 Acts, ch 76, §63
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.33 - Tax for nonowned cemetery.

359.33 Tax for nonowned cemetery.
Township trustees may levy a tax not to exceed six and three-fourths cents per thousand dollars of assessed value of taxable property to improve and maintain any cemetery not owned by the township, provided the cemetery is devoted to general public use.
[C97, §586; SS15, §586; C24, 27, 31, 35, 39, §5562; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.33]
2020 Acts, ch 1063, §200
Referred to in §331.325, 331.402, 359.34
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.34 - Scope of levy.

359.34 Scope of levy.
The levy authorized in sections 359.30 and 359.33 may be extended to property within the limits of any city so far as same is situated within the township, unless such city is already maintaining a cemetery, or has levied a tax in support thereof. The said tax may be so expended for the support and maintenance of any such cemetery after the same has been abandoned and is no longer used for the purpose of interring the dead.
[SS15, §586; C24, 27, 31, 35, 39, §5563; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.34]
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.35 - Cemetery funds — use.

359.35 Cemetery funds — use.
Cemetery tax funds of a township may be used for the maintenance and support of cemeteries in adjoining counties and townships and in cities, if such cemeteries are utilized for burial purposes by the people of the township and, when any such cemetery has been so utilized for more than twenty-five years and has been maintained by township funds, the township trustees of the township where the cemetery is located shall continue to improve and maintain the same.
[C24, 27, 31, 35, 39, §5564; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.35]
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.36 - Joint boards.

359.36 Joint boards.
A city council and the trustees of a township may join in the common purpose of improving, maintaining, and supporting a township cemetery. In such case the two official bodies shall constitute a joint cemetery board and shall have equal voting power.
[C24, 27, 31, 35, 39, §5565; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.36]
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.37 - Regulations.

359.37 Regulations.
1. The trustees, board of directors, or other officers having the custody and control of any cemetery in this state, shall have power, subject to the bylaws and regulations of such cemetery, to do all of the following:
a. To enclose, improve, and adorn the ground of such cemetery.
b. To construct avenues in the cemetery.
c. To erect proper buildings for the use of the cemetery.
d. To prescribe rules for the improving or adorning the lots in the cemetery or for the erection of monuments or other memorials of the dead upon the lots.
e. To prohibit any use, division, improvement, or adornment of a lot which the trustees, directors, or officers may deem improper.
2. The trustees, after such land has been advertised for sealed bids by the trustees, shall have authority to sell and dispose of any lands or parcels of lands previously dedicated for cemetery purposes and which are no longer necessary for such purposes, for the reason that no burials are being made in the cemetery. However, any portion of the cemetery in which burials have been made shall be kept and maintained by the trustees. The proceeds from such sales shall be deposited in the tax fund established in accordance with section 359.30, to be used for the purposes of that fund.
[C97, §587; SS15, §587; C24, 27, 31, 35, 39, §5566; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.37]
2020 Acts, ch 1063, §201
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.38 - Watchpersons appointed.

359.38 Watchpersons appointed.
Such trustees, directors, or other officers may appoint as many day and night watchpersons of their grounds as they may think expedient, and such watchpersons, and also all their sextons, superintendents, gardeners, and agents, stationed upon or near said grounds are hereby authorized to take and subscribe to an oath of office as provided in section 63.10.
[C97, §589; C24, 27, 31, 35, 39, §5567; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.38]
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.39 - Ex officio police officers.

359.39 Ex officio police officers.
Upon the taking of such oath, such watchpersons, sextons, superintendents, gardeners, and agents shall have and exercise all powers of police officers within and adjacent to the cemetery grounds and each shall have power to arrest any and all persons engaged in violating the laws of this state, and to bring such person so offending before any judicial magistrate, to be dealt with according to law.
[C97, §589; C24, 27, 31, 35, 39, §5568; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.39]
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.40 - Cemeteries — plats — records.

359.40 Cemeteries — plats — records.
Where there is located in any township one or more cemeteries, the owner of the same, or any party owning an interest therein, may cause the same to be surveyed, platted, and laid out into subdivisions and lots, numbering the same by progressive numbers, giving the length and breadth, also the location with reference to known or permanent monuments to be made. The plat shall accurately describe all the subdivisions of the tract of land used, or designed to be used as a cemetery, and shall be recorded in the office of the county recorder, and filed with and recorded by the township clerk, and preserved by the township clerk among the records of the office.
[C97, §583; C24, 27, 31, 35, 39, §5569; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.40]
Referred to in §331.325
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.42 - Township fire protection service, emergency warning system, and emergency medical service.

359.42 Township fire protection service, emergency warning system, and emergency medical service.
Except as otherwise provided in section 331.385, the trustees of each township shall provide fire protection service for the township, exclusive of any part of the township within a benefited fire district and may provide emergency medical service. The trustees may purchase, own, rent, or maintain fire protection service or emergency medical service apparatus or equipment or both kinds of apparatus or equipment and provide housing for the equipment. The trustees of a township which is located within a county having a population of three hundred thousand or more may also establish and maintain an emergency warning system within the township. The trustees may contract with a public or private agency under chapter 28E for the purpose of providing any service or system required or authorized under this section.
[C31, 35, §5570-c1; C39, §5570.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §359.42; 81 Acts, ch 117, §1076]
84 Acts, ch 1008, §1; 85 Acts, ch 205, §1; 95 Acts, ch 123, §1; 2004 Acts, ch 1146, §5
Referred to in §331.385, 357B.5, 357J.17, 359.17, 359.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.43 - Tax levy — supplemental levy — districts.

359.43 Tax levy — supplemental levy — districts.
1. The township trustees may levy an annual tax not exceeding forty and one-half cents per thousand dollars of assessed value of the taxable property in the township, excluding property within a benefited fire district or within the corporate limits of a city, for the purpose of exercising the powers and duties specified in section 359.42. However, in a township having a fire protection service or emergency medical service agreement or both service agreements with a special charter city having a paid fire department, the township trustees may levy an annual tax not exceeding fifty-four cents per thousand dollars of the assessed value of the taxable property for the services authorized or required under section 359.42 and in a township which is located within a county having a population of three hundred thousand or more, the township trustees may levy an annual tax not exceeding sixty-seven and one-half cents per thousand dollars of assessed value of taxable property for the services authorized or required under section 359.42.
2. If the levy authorized under subsection 1 is insufficient to provide the services authorized or required under section 359.42, the township trustees may levy an additional annual tax not exceeding twenty and one-fourth cents per thousand dollars of assessed value of the taxable property in the township, excluding any property within the corporate limits of a city, to provide the services.
3. The township trustees may divide the township into tax districts for the purpose of providing the services authorized or required under section 359.42 and may levy a different tax rate in each district, but the tax levied in a tax district for the authorized or required services shall not exceed the tax levy limitations for that township as provided in this section.
4. Of the levies authorized under subsections 1 and 2, the township trustees may credit to a reserve account annually an amount not to exceed thirty cents per thousand dollars of the assessed value of the taxable property in the township for the purchase or replacement of supplies and equipment required to carry out the services specified under section 359.42. Notwithstanding section 12C.7, interest earned on moneys credited to the reserve account shall be credited to the reserve account.
5. Township taxes collected and disbursed by the county shall be apportioned by the clerk and paid into the separate accounts of the tax districts no later than May 31 and November 30 of each year.
[C31, 35, §5570-c2; C39, §5570.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.43; 82 Acts, ch 1114, §1]
84 Acts, ch 1008, §2; 85 Acts, ch 205, §2; 89 Acts, ch 149, §1; 95 Acts, ch 123, §2; 95 Acts, ch 158, §1; 2000 Acts, ch 1117, §25
Referred to in §331.385, 331.424C, 357J.17, 359.45
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.45 - Anticipatory bonds.

359.45 Anticipatory bonds.
Townships may anticipate the collection of taxes authorized by section 359.43 and for such purposes may direct the county board of supervisors to issue bonds under sections 331.441 through 331.449 relating to essential county purpose bonds except that the bonds are payable only from tax levies on property subject to the levy under section 359.43.
[C39, §5570.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §359.45; 81 Acts, ch 117, §1077]
2021 Acts, ch 80, §233
Referred to in §331.385, 357J.17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.46 - Compensation of township trustees.

359.46 Compensation of township trustees.
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 scheduled meeting of township trustees. The compensation shall be paid by the county except:
a. When the trustee is assessing damages done by trespassing animals, payment of the compensation shall be made in the same manner as other costs in such cases.
b. When the trustee is acting as a fence viewer or in a case where provision is made for payment from a source other than the general fund of the county.
2. In cases where their fees or compensation are not paid by the county, the trustees shall be paid by the party requiring their services. The trustees shall attach to the report of their proceedings a statement specifying their services, directing who shall pay the fees or compensation, and specifying the amount to be paid by each party. A party who makes advance payment for the services of the trustees may take legal action to recover the amount of the payment from the party who is directed to pay by the trustees unless the party entitled to recovery under this subsection is paid within ten days after a demand for reimbursement is made.
[C51, §2548; R60, §4156; C73, §3808; C97, §590; S13, §590; C24, 27, 31, 35, 39, §5571; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §359.46]
83 Acts, ch 123, §168, 169, 209
Referred to in §331.322
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.47 - Compensation of township clerk.

359.47 Compensation of township clerk.
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, 77, 79, 81, §359.47]
Referred to in §331.322
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.50 - Budget amendment.

359.50 Budget amendment.
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 end of the preceding fiscal year which had not been anticipated in the budget.
b. To permit the expenditure of amounts anticipated to be available from sources other than property taxation, and which had not been anticipated in the budget.
2. A budget amendment must be prepared and adopted by May 31 of the current fiscal year.
2000 Acts, ch 1117, §27
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.51 - Separate accounts.

359.51 Separate accounts.
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 township officer, employee, or other person, and which show the receipt, use, and disposition of all township property.
2000 Acts, ch 1117, §28
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359 - TOWNSHIPS AND TOWNSHIP OFFICERS › Section 359.52 - Disposal of property.

359.52 Disposal of property.
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 resolution and of a date, time, and place of a public hearing on the proposal. The notice shall be published in a newspaper published at least once weekly and having general circulation in the township or in the largest city in the township. The notice shall be published no less than ten days and no more than twenty days before the hearing.
b. After the public hearing, the trustees may make a final determination on the proposal by resolution.
c. A township shall not dispose of real property by gift except to a governmental body for a public purpose.
2. This section does not apply to the sale by a township of subdivisions or lots within a cemetery.
2000 Acts, ch 1117, §29; 2010 Acts, ch 1061, §180
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.1 - Definitions.

359A.1 Definitions.
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
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.1A - Partition fences.

359A.1A Partition fences.
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, 1494, 1495; C97, §2355; C24, 27, 31, 35, 39, §1829; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.1]
C93, §359A.1
C2001, §359A.1A
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.2 - Trimming and cutting back.

359A.2 Trimming and cutting back.
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 filed with and recorded by the township clerk.
[C51, §900; R60, §1531; C73, §1494; C97, §2355; C24, 27, 31, 35, 39, §1830; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.2]
C93, §359A.2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.3 - Notice and hearing.

359A.3 Notice and hearing.
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 fence viewers shall give the notice to all adjoining landowners liable for the erection, maintenance, rebuilding, trimming, or cutting back, or repairing of a partition fence, or to pay for an existing hedge or fence. The notice must include the names of the fence viewers and state whether a fence viewer disclosed a possible conflict of interest or whether a substitute fence viewer was appointed due to a fence viewer’s disqualification pursuant to section 359A.2A.
[C51, §896, 898, 902, 909; R60, §1527, 1529, 1533, 1540; C73, §1490, 1492, 1496, 1503; C97, §2356; C24, 27, 31, 35, 39, §1831; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.3]
C93, §359A.3
2018 Acts, ch 1081, §3
Referred to in §359A.4, 359A.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.5 - Contribution postponed.

359A.5 Contribution postponed.
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 the method provided in sections 359A.3 and 359A.4; but the adjoining owner shall not be required to contribute thereto until the adjoining owner becomes liable so to do, as elsewhere in this chapter provided.
[C51, §901; R60, §1532; C73, §1495; C97, §2357; C24, 27, 31, 35, 39, §1833; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.5]
C93, §359A.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.6 - Default — costs and fees collected.

359A.6 Default — costs and fees collected.
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 fixed by the fence viewers. Unless the sum so fixed, together with all fees of the fence viewers caused by the default, is paid to the county treasurer, within ten days after the full amount due is ascertained, or when ordered to pay for an existing fence, and the value thereof is fixed by the fence viewers, and the sum, together with the fees of the fence viewers, remains unpaid by the party in default for ten days, the fence viewers shall certify to the county treasurer the full amount due from the party or parties in default, including all fees and costs assessed by the fence viewers, together with a description of the real estate owned by the party or parties in default along or upon which the said fence exists. The county treasurer shall enter the full amount due upon the county system, and the amount shall be collected in the same manner as ordinary taxes. Upon certification to the county treasurer, the amount assessed shall be a lien on the parcel until paid.
[C51, §897, 899, 902; R60, §1528, 1530, 1533; C73, §1491, 1493, 1496; C97, §2358; S13, §2358; C24, 27, 31, 35, 39, §1834; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.6]
C93, §359A.6
2010 Acts, ch 1118, §7; 2015 Acts, ch 30, §110
Referred to in §169C.6, 359A.4, 445.1
Collection of taxes, see chapter 445
Fees of fence viewers, §359.46
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.7 - Service of notice on nonresidents.

359A.7 Service of notice on nonresidents.
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, proof of which shall be made as in case of an original notice and filed with the fence viewers, and a copy delivered to the occupant of said land, or to any agent of the owner in charge of the same.
[C97, §2359; S13, §2359; C24, 27, 31, 35, 39, §1835; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.7]
C93, §359A.7
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.8 - Orders.

359A.8 Orders.
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
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.9 - Notice.

359A.9 Notice.
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, §359A.9
Service and return,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.10 - Entry and record of orders.

359A.10 Entry and record of orders.
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 558.52, and index such record in the name of each adjoining owner as grantor to the other. The county recorder shall collect fees specified in section 331.604.
[C97, §2360; C24, 27, 31, 35, 39, §1838; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.10]
C93, §359A.10
2009 Acts, ch 27, §12; 2014 Acts, ch 1141, §70
Referred to in §331.602
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.11 - Record conclusive.

359A.11 Record conclusive.
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; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.11]
C93, §359A.11
Appeal, §359A.23
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.12 - Division by agreement — record.

359A.12 Division by agreement — record.
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 recorded in the office of the recorder of deeds of the county or counties in which they are situated. The county recorder shall collect fees specified in section 331.604.
[C51, §905; R60, §1536; C73, §1499; C97, §2361; C24, 27, 31, 35, 39, §1840; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.12]
C93, §359A.12
2009 Acts, ch 27, §13
Referred to in §359A.4
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.13 - Orders and agreements — effect.

359A.13 Orders and agreements — effect.
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, §2362; C24, 27, 31, 35, 39, §1841; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.13]
C93, §359A.13
Referred to in §359A.4
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.14 - Lands in different townships.

359A.14 Lands in different townships.
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 clerk’s township, who shall possess, in such case, all the powers given to fence viewers in this chapter, but all orders, notices, and valuations and taxation of costs made by them must be recorded in both townships and in the office of the recorder of deeds of each county.
[C51, §906; R60, §1537; C73, §1500; C97, §2363; C24, 27, 31, 35, 39, §1842; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.14]
C93, §359A.14
Referred to in §359A.2A
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.15 - Fence on another’s land.

359A.15 Fence on another’s land.
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 any damage to the soil which may be occasioned thereby, and the value of any timber used in said improvement taken from the land of such other party, if any; and if the parties cannot agree as to the damages, the fence viewers may determine them as in other cases; such removal shall be made as soon as practicable, but not so as to expose the crops of the other party.
[C51, §907, 908; R60, §1538, 1539; C73, §1501, 1502; C97, §2364; C24, 27, 31, 35, 39, §1843; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.15]
C93, §359A.15
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.16 - Right to build fence on line.

359A.16 Right to build fence on line.
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, §1541; C73, §1504; C97, §2365; C24, 27, 31, 35, 39, §1844; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.16]
C93, §359A.16
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.17 - Fence on one side of line.

359A.17 Fence on one side of line.
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
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.18 - Lawful fence.

359A.18 Lawful fence.
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 than eight feet apart.
3. Three wires, barbed with not less than thirty-six iron barbs of two points each, or twenty-six iron barbs of four points each, on each rod of wire, or of four wires, two thus barbed and two smooth, the wires to be firmly fastened to posts not more than two rods apart, with not less than two stays between posts, or with posts not more than one rod apart without such stays, the top wire to be not more than fifty-four nor less than forty-eight inches in height.
4. Wire either wholly or in part, substantially built and kept in good repair, the lowest or bottom rail, wire, or board not more than twenty nor less than sixteen inches from the ground, the top rail, wire, or board to be between forty-eight and fifty-four inches in height and the middle rail, wire, or board not less than twelve nor more than eighteen inches above the bottom rail, wire, or board.
5. A fence consisting of four parallel, coated steel, smooth high-tensile wire which meets requirements adopted by ASTM (American society for testing and materials) international, including but not limited to requirements relating to the grade, tensile strength, elongation, dimensions, and tolerances of the wire. The wire must be firmly fastened to plastic, metal, or wooden posts securely planted in the earth. The posts shall not be more than two rods apart. The top wire shall be at least forty inches in height.
6. Any other kind of fence which the fence viewers consider to be equivalent to a lawful fence or which meets standards established by the department of agriculture and land stewardship by rule as equivalent to a lawful fence.
[R60, §1544, 1545; C73, §1507; C97, §2367; S13, §2367; C24, 27, 31, 35, 39, §1846; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.18]
85 Acts, ch 195, §11; 87 Acts, ch 17, §5
C93, §359A.18
94 Acts, ch 1061, §1; 2000 Acts, ch 1058, §33; 2004 Acts, ch 1086, §106
Referred to in §359A.22
School attendance centers, §297.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.19 - Duty to maintain tight fences.

359A.19 Duty to maintain tight fences.
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 owner’s portion of the adjoining fence, in a lawful tight manner, same to be securely fastened to good substantial posts, set firmly in the ground, not more than twenty feet apart.
[R60, §1545; C73, §1507; C97, §2367; S13, §2367; C24, 27, 31, 35, 39, §1847; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.19]
C93, §359A.19
Referred to in §359A.22
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.20 - Tight fence.

359A.20 Tight fence.
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 inches, nor more than fifty-four inches high.
2. Good substantial woven wire not less than forty-eight inches nor more than fifty-four inches high with one barbed wire of not less than thirty-six barbs of two points to the rod, not more than four inches above said woven wire.
3. Any other kind of fence which the fence viewers consider to be equivalent to a tight partition fence or which meets standards established by the department of agriculture and land stewardship by rule as equivalent to a tight partition fence.
[C97, §2367; S13, §2367; C24, 27, 31, 35, 39, §1848; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.20]
85 Acts, ch 195, §12; 87 Acts, ch 17, §6
C93, §359A.20
Referred to in §359A.22
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.21 - Duty to keep fence tight.

359A.21 Duty to keep fence tight.
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, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.21]
C93, §359A.21
Referred to in §359A.22
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.22 - Controversies.

359A.22 Controversies.
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, 27, 31, 35, 39, §1850; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.22]
C93, §359A.22
2021 Acts, ch 76, §64
Notice, §359A.3, 359A.7, 359A.9
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.22A - Habitual trespass.

359A.22A Habitual trespass.
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 section 169C.6.
2007 Acts, ch 64, §3
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 359A - FENCES › Section 359A.23 - Appeal.

359A.23 Appeal.
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 approved by the township clerk. The township clerk, after recording the original papers, shall thereupon file them in the office of the clerk of the district court, certifying them to be such, and the clerk shall docket them, entitling the applicant or petitioner as plaintiff, and it shall stand for trial as other cases.
[C97, §2369; C24, 27, 31, 35, 39, §1851; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §113.23]
C93, §359A.23
Referred to in §602.8102(27)
Presumption of approval of bond, §636.10