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Residents told city cannot reverse fence already installed; attorney points to border-fence statute
Summary
Residents who say a commercial pasture fence was constructed adjacent to their properties and billed to neighbors were told by the city attorney that Iowa's border-fence statute and case law generally leave disputes between private parties once a fence is already erected; the attorney recommended private legal counsel and noted potential permit fines are separate issues.
Residents who live near a recently installed cattle fence told the council they were surprised the fence went up quickly and without notice and that they received invoices asking them to pay half the cost. The council asked the city attorney to comment.
City Attorney (Speaker 12) said the fence-dispute rules under Iowa law involve "fence viewers" and statutory procedures. He explained that if the fence was built before the statutory process (notice and fence-viewer involvement) was initiated, case law and his review with county counsel indicate the fence viewers generally lose jurisdiction and the dispute becomes a private matter between parties. He said the city can enforce permit requirements and, if a building permit was required and not obtained, there may be remedies or fines related to permit violations, but that those remedies do not necessarily make the city a party to a disputed cost allocation.
The attorney advised residents to consult private counsel for monetary claims and said the city is prepared to address code/permit issues but cannot unilaterally act to reverse a privately built fence that was erected before statutory notice was given.
Why it matters: Homeowners worry about liability and unexpected invoices; the attorney’s interpretation suggests limited municipal recourse when statutory timelines were not followed before a fence was erected.
Next steps: Residents were advised to seek private legal counsel; the city attorney said city staff remains available to address permit or code-violation questions but cannot adjudicate a private contract dispute.
