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PAG LIN
1 1 Section 1. Section 657.11, Code Supplement 1995, is
1 2 amended by striking the section and inserting in lieu thereof
1 3 the following:
1 4 657.11 ANIMAL FEEDING OPERATIONS.
1 5 1. Except as provided in subsection 2, an animal feeding
1 6 operation shall not be found to be a nuisance regardless of
1 7 the established date of the animal feeding operation or
1 8 expansion of the animal feeding operation.
1 9 2. An animal feeding operation may be found to be a
1 10 nuisance if any of the following apply:
1 11 a. The nuisance is the result of an animal feeding
1 12 operation determined to be in violation of a federal statute
1 13 or regulation or state statute or rule.
1 14 b. The nuisance is a result of the negligent operation of
1 15 the animal feeding operation.
1 16 c. An action or proceeding regarding a nuisance arises
1 17 from an injury or damage to a person or property caused by the
1 18 animal feeding operation prior to the effective date of this
1 19 Act.
1 20 d. An action or proceeding regarding a nuisance arising
1 21 from an injury or damage to a person sustained because of
1 22 pollution, a change in the condition of the waters of a
1 23 stream, the overflowing of land, or the excessive soil erosion
1 24 onto the person's land, unless the injury or damage is caused
1 25 by an act of God.
1 26 3. A person shall not bring an action or proceeding based
1 27 on a claim of nuisance arising from an animal feeding
1 28 operation unless the person proceeds with mediation as
1 29 provided in chapter 654B.
1 30 4. If a defendant is a prevailing party in an action or
1 31 proceeding based on a claim of nuisance and arising from an
1 32 animal feeding operation, the plaintiff shall pay court costs
1 33 and reasonable attorney fees incurred by the defendant, if the
1 34 court determines that the claim is frivolous.
1 35 EXPLANATION
2 1 In 1995, the general assembly enacted 1995 Iowa Acts,
2 2 chapter 195 (house file 519), which provided for animal
2 3 feeding operations and their regulation. According to the
2 4 Act, an animal feeding operation is an area in which animals
2 5 are confined and fed and maintained for 45 days or more in any
2 6 12-month period, and all structures used for the storage of
2 7 manure from animals in the operation. The Act, in part,
2 8 provides that if a person has received all permits required
2 9 pursuant to chapter 455B for an animal feeding operation,
2 10 there is a rebuttable presumption that the animal feeding
2 11 operation is not a public or private nuisance, and that the
2 12 animal feeding operation does not unreasonably and
2 13 continuously interfere with another person's comfortable use
2 14 and enjoyment of the person's life or property under any other
2 15 cause of action. The rebuttable presumption also applies to
2 16 persons who are not required to obtain a permit pursuant to
2 17 chapter 455B for an animal feeding operation. However, the
2 18 rebuttable presumption does not apply if the injury to a
2 19 person or damage to property is proximately caused by a
2 20 failure to comply with a federal statute or regulation or a
2 21 state statute or rule which applies to the animal feeding
2 22 operation. The rebuttable presumption may be overcome by
2 23 clear and convincing evidence of both of the following: (1)
2 24 the animal feeding operation unreasonably and continuously
2 25 interferes with another person's comfortable use and enjoyment
2 26 of the person's life or property, and (2) the injury or damage
2 27 is proximately caused by the negligent operation of the animal
2 28 feeding operation. A person who brings a losing cause of
2 29 action against a person for whom the rebuttable presumption
2 30 created under this provision not rebutted, is liable to the
2 31 person against whom the action was brought for all costs and
2 32 expenses incurred in the defense of the action, if the court
2 33 determines that a claim is frivolous.
2 34 This bill replaces that section with a provision that
2 35 provides that an animal feeding operation shall not be found
3 1 to be a nuisance regardless of the established date of the
3 2 animal feeding operation or expansion of the animal feeding
3 3 operation. The bill provides that this nuisance protection
3 4 does not apply if the nuisance is the result of an animal
3 5 feeding operation determined to be in violation of a federal
3 6 statute or regulation or state statute or rule; the nuisance
3 7 is a result of the negligent operation of the animal feeding
3 8 operation; an action or proceeding regarding a nuisance arises
3 9 from an injury or damage to a person or property caused by the
3 10 animal feeding operation prior to the effective date of this
3 11 bill; or an action or proceeding regarding a nuisance arises
3 12 from an injury or damage to a person sustained because of
3 13 pollution, a change in the condition of the waters of a
3 14 stream, the overflowing of land, or the excessive soil erosion
3 15 onto the person's land. The bill provides that if a defendant
3 16 prevails and a court determines that the nuisance claim is
3 17 frivolous, the plaintiff must pay court costs and reasonable
3 18 attorney fees incurred by the defendant.
3 19 LSB 3994YH 76
3 20 da/sc/14.1
Text: HF02218 Text: HF02220 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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