House
File
468
-
Introduced
HOUSE
FILE
468
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
134)
A
BILL
FOR
An
Act
providing
for
certain
court
actions
involving
an
1
allegation
of
a
public
or
private
nuisance
or
the
2
interference
with
a
person’s
comfortable
use
and
enjoyment
3
of
life
or
property
caused
by
an
animal
feeding
operation,
4
providing
for
the
award
of
damages,
costs,
and
expenses,
and
5
including
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
1745HV
(1)
87
da/rj
H.F.
468
Section
1.
NEW
SECTION
.
657.11A
Animal
agriculture
——
1
promotion
of
responsible
animal
feeding
operations.
2
1.
a.
Findings.
The
general
assembly
finds
that
important
3
public
interests
are
advanced
by
preserving
and
encouraging
the
4
expansion
of
responsible
animal
agricultural
production
in
this
5
state
which
provides
employment
opportunities
in
and
economic
6
growth
for
rural
Iowa,
contributes
tax
revenues
to
the
state
7
and
to
local
communities,
and
protects
our
valuable
natural
8
resources.
9
b.
Purpose.
The
purpose
of
this
section
is
to
encourage
10
persons
involved
in
animal
agriculture
to
adopt
existing
11
prudent
and
generally
utilized
management
practices
for
their
12
animal
feeding
operations,
thereby
enhancing
the
fundamental
13
role
of
animal
agriculture
in
this
state
by
providing
a
14
reasonable
level
of
protection
to
persons
engaged
in
animal
15
agricultural
production
from
certain
types
of
nuisance
actions.
16
c.
Declaration.
The
general
assembly
has
balanced
all
17
competing
interests
and
declares
its
intent
to
preserve
18
and
enhance
responsible
animal
agricultural
production,
19
specifically
animal
agricultural
producers
in
this
state
20
who
use
existing
prudent
and
generally
utilized
management
21
practices
reasonable
for
their
animal
feeding
operations.
22
2.
Except
as
otherwise
provided
by
this
section,
an
animal
23
feeding
operation,
as
defined
in
section
459.102,
found
to
24
be
a
public
or
private
nuisance
under
this
chapter
or
under
25
principles
of
common
law,
or
found
to
interfere
with
another
26
person’s
comfortable
use
and
enjoyment
of
the
person’s
life
or
27
property
under
any
other
cause
of
action,
shall
be
conclusively
28
presumed
to
be
a
permanent
nuisance
and
not
a
temporary
29
or
continuing
nuisance
under
principles
of
common
law,
and
30
shall
be
subject
to
compensatory
damages
only
as
provided
in
31
subsection
3.
32
3.
Compensatory
damages
awarded
to
a
person
bringing
33
an
action
alleging
that
an
animal
feeding
operation
is
a
34
public
or
private
nuisance,
or
an
interference
with
another
35
-1-
LSB
1745HV
(1)
87
da/rj
1/
5
H.F.
468
person’s
comfortable
use
and
enjoyment
of
the
person’s
life
or
1
property
under
any
other
cause
of
action,
shall
not
exceed
the
2
following:
3
a.
The
person’s
share
of
compensatory
property
damages
due
4
to
any
diminution
in
the
fair
market
value
of
the
person’s
real
5
property
proximately
caused
by
the
animal
feeding
operation.
6
The
fair
market
value
of
the
real
property
is
deemed
to
equal
7
the
price
that
a
buyer
who
is
willing
but
not
compelled
to
8
buy
and
a
seller
who
is
willing
but
not
compelled
to
sell
9
would
accept
for
the
real
property.
The
person’s
share
of
any
10
compensatory
property
damages
must
be
based
on
the
person’s
11
share
of
the
ownership
interest
in
the
real
property.
For
12
purposes
of
this
section,
ownership
interest
means
holding
13
legal
or
equitable
title
to
real
property
in
fee
simple,
as
a
14
life
estate,
or
as
a
leasehold
interest.
15
b.
The
person’s
compensatory
damages
due
to
the
person’s
16
past,
present,
and
future
adverse
health
condition.
This
17
determination
shall
be
made
utilizing
only
objective
and
18
documented
medical
evidence
that
the
nuisance
or
interference
19
with
the
comfortable
use
and
enjoyment
of
the
person’s
life
or
20
property
was
the
proximate
cause
of
the
person’s
adverse
health
21
condition.
22
c.
The
person’s
compensatory
special
damages
proximately
23
caused
by
the
animal
feeding
operation,
including
without
24
limitation,
annoyance
and
the
loss
of
comfortable
use
and
25
enjoyment
of
real
property.
However,
the
total
damages
26
awarded
to
a
person
who
holds
an
ownership
interest
in
the
real
27
property
for
which
damages
are
awarded
under
this
paragraph
“c”
28
shall
not
exceed
one
and
one-half
times
the
sum
of
any
damages
29
awarded
to
the
person
for
the
person’s
share
of
the
total
30
compensatory
property
damages
awarded
under
paragraph
“a”
plus
31
any
compensatory
damages
awarded
to
the
person
under
paragraph
32
“b”
.
33
4.
A
person
who
alleges
and
fails
to
prove
that
an
animal
34
feeding
operation
is
a
public
or
private
nuisance
under
this
35
-2-
LSB
1745HV
(1)
87
da/rj
2/
5
H.F.
468
chapter
or
under
principles
of
common
law,
or
an
interference
1
with
another
person’s
comfortable
use
and
enjoyment
of
the
2
person’s
life
or
property
under
any
other
cause
of
action,
3
shall
be
liable
to
the
person
against
whom
the
cause
of
action
4
was
brought
for
all
costs
and
expenses,
including
reasonable
5
attorney
fees
incurred
in
the
defense
of
the
animal
feeding
6
operation
as
determined
by
the
court.
The
costs
and
expenses
7
attributable
to
reasonable
attorney
fees
shall
be
taxed
as
8
court
costs.
9
5.
This
section
shall
apply
to
an
animal
feeding
operation
10
in
the
same
manner
as
section
657.11,
subsection
4.
11
6.
This
section
shall
not
apply
if
the
person
bringing
12
the
action
proves
that
the
public
or
private
nuisance
or
13
interference
with
another
person’s
comfortable
use
and
14
enjoyment
of
the
person’s
life
or
property
under
any
other
15
cause
of
action
is
proximately
caused
by
any
of
the
following:
16
a.
The
failure
to
comply
with
a
federal
statute
or
17
regulation
or
a
state
statute
or
rule
which
applies
to
the
18
animal
feeding
operation.
19
b.
The
failure
to
use
existing
prudent
generally
utilized
20
management
practices
reasonable
for
the
animal
feeding
21
operation.
22
7.
This
section
does
not
apply
to
a
person
during
the
23
time
in
which
the
person
is
classified
as
a
habitual
violator
24
pursuant
to
section
459.604.
25
8.
This
section
does
not
apply
to
a
cause
of
action
that
26
accrued
prior
to
the
effective
date
of
this
Act.
27
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
28
importance,
takes
effect
upon
enactment.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
GENERAL.
This
bill
allows
for
an
affirmative
defense
to
be
33
raised
in
certain
cause
of
actions
in
which
an
animal
feeding
34
operation
is
alleged
to
be
a
public
or
private
nuisance
or
35
-3-
LSB
1745HV
(1)
87
da/rj
3/
5
H.F.
468
to
otherwise
interfere
with
a
person’s
comfortable
use
and
1
enjoyment
of
life
or
property.
The
cause
of
action
may
be
2
brought
under
Code
chapter
657,
which
addresses
private
and
3
public
nuisances,
or
under
common
law
principles.
4
FINDINGS
AND
PURPOSE.
The
bill
includes
general
assembly
5
findings
that
the
public’s
interests
are
advanced
by
preserving
6
and
encouraging
responsible
animal
agricultural
production,
7
and
states
the
bill’s
purpose
is
to
encourage
persons
involved
8
in
animal
agriculture
to
adopt
existing
prudent
and
generally
9
utilized
management
practices
for
their
animal
feeding
10
operations.
11
PRIVATE
AND
PUBLIC
NUISANCE.
An
affirmative
defense
may
be
12
raised
if
the
allegation
involves
either
a
private
or
public
13
nuisance.
A
private
nuisance
occurs
when
a
person
(defendant)
14
uses
the
person’s
land
in
a
manner
that
unreasonably
or
15
substantially
interferes
with
the
enjoyment
of
another
person
16
(plaintiff).
A
public
nuisance
unreasonably
and
substantially
17
interferes
with
the
public’s
use
and
enjoyment
of
legal
rights
18
common
to
the
public.
19
PERMANENT
AND
TEMPORARY
OR
CONTINUING
NUISANCES.
If
the
20
affirmative
defense
prevails,
the
animal
feeding
operation
is
21
conclusively
deemed
to
be
a
permanent
rather
than
a
temporary
22
or
continuing
nuisance.
A
temporary
or
continuing
nuisance
23
refers
to
an
injury
that
occurs
intermittently
and
which
may
24
be
the
basis
for
a
number
of
actions
for
damages
claimed
by
25
the
same
party.
A
permanent
nuisance
is
expected
to
continue
26
indefinitely
and
the
award
is
for
an
amount
equaling
the
total
27
resulting
damages,
including
future
damages
that
may
result
28
from
the
nuisance
as
it
then
exists.
29
LIMITATION
ON
DAMAGES.
The
affirmative
defense
limits
30
compensatory
damages
as
opposed
to
punitive
damages
proximately
31
caused
by
the
animal
feeding
operation
and
specifies
three
32
categories
of
awards,
including
(1)
damages
for
any
diminution
33
in
the
fair
market
value
of
a
person’s
real
property;
(2)
34
damages
due
to
a
person’s
past,
present,
and
future
adverse
35
-4-
LSB
1745HV
(1)
87
da/rj
4/
5
H.F.
468
health
condition
based
on
medical
evidence;
and
(3)
special
1
damages
for
intangible
injuries
such
as
annoyance
or
the
loss
2
of
comfortable
use
and
enjoyment
of
real
property.
In
the
case
3
of
special
damages,
the
total
awarded
cannot
exceed
one
and
4
one-half
times
the
combined
amounts
for
property
damages
and
5
damages
resulting
from
an
adverse
health
condition.
6
COSTS.
A
party
who
alleges
and
fails
to
prove
that
an
7
animal
feeding
operation
is
a
public
or
private
nuisance
is
8
liable
to
pay
the
other
party
all
costs
and
expenses,
including
9
reasonable
attorney
fees
incurred
in
the
defense.
10
DATE
OF
OPERATION.
The
affirmative
defense
may
be
raised
11
regardless
of
the
established
date
of
operation
or
expansion
of
12
the
animal
feeding
operation.
13
EXCLUSIONS.
The
affirmative
defense
is
not
available
14
in
certain
circumstances:
(1)
an
animal
feeding
operation
15
failed
to
comply
with
an
applicable
federal
or
state
statute
16
or
regulation,
(2)
the
animal
feeding
operation
failed
to
17
use
existing
prudent
generally
utilized
management
practices
18
reasonable
for
the
animal
feeding
operation,
(3)
the
animal
19
feeding
operation
is
controlled
by
a
person
classified
as
a
20
habitual
violator
who
has
committed
three
or
more
environmental
21
violations,
and
(4)
the
cause
of
action
arose
before
the
bill’s
22
effective
date.
23
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
24
-5-
LSB
1745HV
(1)
87
da/rj
5/
5