Supervisors debate fence dispute

By Danica Baker
Herald Staff Writer

April 16, 2008 11:39 am

— CLINTON — The Clinton County Board of Supervisors listened to comments regarding a property dispute involving the county right-of-way during the regular weekly meeting on Monday.
The discussion centered around a fence located on 360th Avenue, including removal and responsibilities associated with the fence. County Engineer Todd Kinney said a fence runs along both sides of the street and farmers utilize farmground right up to the fence. Kinney said one resident who recently purchased property began taking the fence line out on what he believed to be his property and was asked by the Clinton County Sheriff’s Office to stop until the board could resolve the issue. Kinney said a survey was performed on the section of the roadway and the fence sits inside the right-of-way, only veering outside the right-of-way in the last couple hundred feet. He said fencing inside the right of way is not allowed and asked the board whose responsibility it is to remove the fence. County Attorney Mike Wolf advised that sheriff’s deputies had called him approximately a week earlier, asking him to keep the peace between the two neighbors involved in the fence dispute. He noted the board has jurisdiction over the roadway.
Supervisor Jill Davisson stated she remembers the board discussing the issue in 1994 or 1995. She said the county engineer at the time established the fence was within the right of way. County Zoning Administrator Paul Ketelsen said ordinances only allow a temporary fence for moving cattle along the road.
Roger Hill, Eden Township trustee, said Randy Martin owns the east side of the road, while Paul Leonard owns the west side. He said a temporary electric fence on the west side of the road is the source of the problem and dispute. Hill said the Board of Trustees like to have neighbors cooperate if they can, but the trustees do not have jurisdiction over the road.
Supervisor Dennis Starling asked how far the fence sits off the roadway. Kinney estimated six to eight feet. He added that it is a legal issue and the question is whose responsibility is it to remove the fence. Wolf said the county can order the owner or person responsible for placement of the fence to remove the fence from the county right of way. Kinney said he understands the fence materials belong to Leonard. Wolf said the code states the county shall enforce code provisions and advised that Leonard can seek a permit to remove the fence from the Secretary of Roads. Wolf said he would assist Kinney in drafting a letter to the property owners on behalf of the Board of Supervisors indicating a summary of necessary actions and a timeline for completion.
Later in the meeting, Wolf presented the board a draft letter regarding a response to receiving a claim for real property tax refunds in relation to parcel number 8899982717, listed as belonging to Veolia Water North America/US Filter. The response letter indicates the letter dated March 24 from Clinton attorney James D. Bruhn seeks tax refunds from the tax years 2003 to 2004, 2004 to 2005, 2005 to 2006 and the first half of 2006 to 2007.
In the letter, Wolf replies, “Clinton County’s position is as follows: Clinton County does not believe Iowa Code Section 445.60 requires Clinton County to take action on your request, as the requisite conditions have not been met.”
Wolf believes he could have requested the agenda item be discussed in closed session pursuant to pending litigation, but once approved by the supervisors, the letter would become public knowledge. He recommended the board direct him to send the letter Monday afternoon. The board approved a motion directing Wolf to send the letter.