Text: S03522 Text: S03524 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, S-3484, as amended, passed,
1 2 and reprinted by the House, as follows:
1 3 #1. Page 15, by striking lines 15 through 27 and
1 4 inserting the following:
1 5 "# . Page 21, by inserting before line 12 the
1 6 following:
1 7 "Sec. . Section 657.1, Code 1995, is amended to
1 8 read as follows:
1 9 657.1 NUISANCE &endash; WHAT CONSTITUTES &endash; ACTION TO
1 10 ABATE.
1 11 Whatever is injurious to health, indecent, or
1 12 unreasonably offensive to the senses, or an
1 13 obstruction to the free use of property, so as
1 14 essentially to interfere with the comfortable
1 15 enjoyment of life or property, is a nuisance, and a
1 16 civil action by ordinary proceedings may be brought to
1 17 enjoin and abate the same and to recover damages
1 18 sustained on account thereof.
1 19 Sec. . Section 657.2, subsection 1, Code 1995,
1 20 is amended to read as follows:
1 21 1. The erecting, continuing, or using any building
1 22 or other place for the exercise of any trade,
1 23 employment, or manufacture, which, by occasioning
1 24 noxious exhalations, unreasonably offensive smells, or
1 25 other annoyances, becomes injurious and dangerous to
1 26 the health, comfort, or property of individuals or the
1 27 public."
1 28 # . By striking page 21, line 25, through page
1 29 22, line 30, and inserting the following:
1 30 " . If a person obtains all applicable permits
1 31 as required in chapter 455B for an animal feeding
1 32 operation as defined in section 455B.161, and if the
1 33 animal feeding operation complies with federal
1 34 statutes and regulations and state statutes and rules,
1 35 there shall be a rebuttable presumption that the
1 36 animal feeding operation is not a public or private
1 37 nuisance under this chapter or under principles of
1 38 common law, regardless of the established date of the
1 39 animal feeding operation's construction or expansion,
1 40 or whether the person is required to obtain a permit
1 41 or has obtained a permit voluntarily. However, if a
1 42 person submits a manure management plan as required
1 43 pursuant to section 455B.203 for a small animal
1 44 feeding operation, the person is not required to
1 45 obtain a permit as provided in section 455B.173 in
1 46 order to enjoy the same nuisance suit protection. The
1 47 rebuttable presumption may be overcome by clear and
1 48 convincing evidence that the animal feeding operation
1 49 unreasonably and continuously interferes with an
1 50 adjoining landowner's use and enjoyment of the
2 1 landowner's real property in a manner that causes harm
2 2 to the use and enjoyment of the landowner's real
2 3 property. This nuisance suit protection includes
2 4 protection for, but is not limited to, the care and
2 5 feeding of animals; the handling or transportation of
2 6 animals; the treatment or disposal of wastes resulting
2 7 from animals; the transportation and application of
2 8 animal wastes; and the creation of noise, odor, dust,
2 9 or fumes arising from an animal feeding operation.
2 10 . If a claim contains an averment of a public
2 11 or private nuisance, it shall be accompanied by a
2 12 verification. The verification shall constitute a
2 13 certification by the signor that the party and the
2 14 party's attorney have carefully read the pleadings,
2 15 motions, or other papers of the case, and based on a
2 16 reasonable inquiry, believe that the claim is well
2 17 grounded in fact, is warranted by existing law, or a
2 18 good faith argument can be made for the extension,
2 19 modification, or reversal of existing law; or that the
2 20 claim is not made for an improper purpose, including
2 21 to harass, to cause unnecessary delay, or to impose a
2 22 needless increase in the cost of litigation. The
2 23 court, upon motion or its own initiative, shall award
2 24 the prevailing party costs of an action, which shall
2 25 be paid by the losing party or the losing party's
2 26 attorney, and which costs may include but are not
2 27 limited to reasonable attorney fees, if the action is
2 28 based upon a claim of public or private nuisance,
2 29 which is not well grounded in fact and is not
2 30 warranted by existing law or a good faith argument for
2 31 the extension, modification, or reversal of existing
2 32 law, or is brought for an improper purpose.
2 33 . The nuisance suit protection provided in this
2 34 section does not apply to a nuisance action brought
2 35 against an animal feeding operation which arises out
2 36 of an injury to a person or damages to property caused
2 37 by the animal feeding operation before the effective
2 38 date of this Act. If the applicable permits are or
2 39 the manure management plan is obtained on or after the
2 40 effective date of this Act, the nuisance suit
2 41 protection does not apply to injury or damages caused
2 42 before the date the applicable permits are obtained or
2 43 the manure management plan is submitted.""
2 44 #2. By renumbering as necessary.
2 45
2 46
2 47
2 48 TOM VILSACK
2 49
2 50
3 1
3 2 BERL E. PRIEBE
3 3
3 4
3 5
3 6 WILLIAM D. PALMER
3 7 HF 519.533 76
3 8 da/jw
Text: S03522 Text: S03524 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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