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PAG LIN
1 1 Section 1. Section 172D.1, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 9A. "Livestock operation" means a
1 4 location where livestock are kept, produced, or raised other
1 5 than a feedlot, and including areas which are used for the
1 6 raising of crops or other vegetation and upon which livestock
1 7 are allowed to graze or feed.
1 8 Sec. 2. Section 172D.2, Code 1995, is amended by adding
1 9 the following new unnumbered paragraph:
1 10 NEW UNNUMBERED PARAGRAPH. In any nuisance action or
1 11 proceeding against a livestock operation which is within one
1 12 mile of a feedlot, and which is brought by or on behalf of a
1 13 person whose date of ownership of realty is subsequent to the
1 14 established date of that operation, proof of compliance with
1 15 sections 172D.3 and 172D.4 with respect to the feedlot shall
1 16 be an absolute defense, provided that the conditions or
1 17 circumstances alleged to constitute a nuisance are subject to
1 18 regulatory jurisdiction in accordance with either section
1 19 172D.3 or 172D.4 with respect to the feedlot. However, this
1 20 paragraph shall not apply to a livestock operation located
1 21 within two miles of a city.
1 22 EXPLANATION
1 23 This bill grants a livestock operation located within one
1 24 mile of a feedlot and more than two miles from a city the same
1 25 protections against nuisance suits as feedlots pursuant to
1 26 section 172D.2. Section 172D.2 defines "feedlot" to mean a
1 27 lot, yard, corral, or other area in which livestock are
1 28 confined, primarily for the purposes of feeding and growth
1 29 prior to slaughter. The term does not include areas which are
1 30 used for the raising of crops or other vegetation and upon
1 31 which livestock are allowed to graze or feed. The bill
1 32 defines "livestock operation" as a location where livestock
1 33 are kept, produced, or raised other than a feedlot, and
1 34 including areas which are used for the raising of crops or
1 35 other vegetation and upon which livestock are allowed to graze
2 1 or feed.
2 2 LSB 1350HH 76
2 3 da/cf/24
Text: HF00313 Text: HF00315 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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