Commission discusses KSA fence‑viewer statute; agrees to develop protocol and designate designees

Bourbon County commissioners discussed a spate of recent requests for fence viewings and reviewed the relevant Kansas statute that allows county commissioners to act as fence viewers or to designate designees. Participants agreed to develop a protocol, an application process, and a schedule so citizens may request inspections without requiring commissioners to personally perform every site visit.

At the meeting a county legal advisor referenced KSA 29‑201 (as read aloud in the meeting as “KSA, 29 2 0 1”), explaining that the commission can serve as fence viewers or designate others and that two people must be involved in the viewing process. Commissioners and staff discussed using a designee approach — designating county employees or other qualified designees who could perform viewings and take minutes — rather than requiring commissioners to attend every site visit, and they acknowledged that the procedure can create evidentiary exposure if commissioners become witnesses in subsequent civil litigation.

The commission instructed staff to prepare a memo explaining the law, to create an application form for residents who request a fence viewing, and to place the item on a future agenda for formal adoption of the protocol. Commissioners also noted the county clerk has historically served as a minute‑taker for such viewings and that public notice/publishing may be required when commissioners participate.

No final action was taken to close or open particular roads; the focus was on establishing standardized administration for incoming requests and identifying a designated designee to accompany a commissioner when needed.