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Senate File 2242

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 657.11, subsections 2 through 7, Code
  1  2 Supplement 1995, are amended to read as follows:
  1  3    2.  If a person has received all permits required pursuant
  1  4 to chapter 455B for an animal feeding operation, as defined in
  1  5 section 455B.161, there There shall be a rebuttable
  1  6 presumption that an animal feeding operation is not a public
  1  7 or private nuisance under this chapter or under principles of
  1  8 common law, and that the animal feeding operation does not
  1  9 unreasonably and continuously interfere with another person's
  1 10 comfortable use and enjoyment of the person's life or property
  1 11 under any other cause of action.  The rebuttable presumption
  1 12 also applies to persons who are not required to obtain a
  1 13 permit pursuant to chapter 455B for an animal feeding
  1 14 operation as defined in section 455B.161.  The rebuttable
  1 15 presumption shall not apply if the injury to a person or
  1 16 damage to property is proximately caused by a failure to
  1 17 comply with a federal statute or regulation or a state statute
  1 18 or rule which applies to the animal feeding operation.
  1 19    3.  The rebuttable presumption may be overcome by clear and
  1 20 convincing evidence of both of the following:
  1 21    a.  The animal feeding operation unreasonably and
  1 22 continuously interferes with another person's comfortable use
  1 23 and enjoyment of the person's life or property.
  1 24    b.  The that an injury to a person or damage to property is
  1 25 proximately caused by the negligent operation of the animal
  1 26 feeding operation.
  1 27    4. 3.  The rebuttable presumption created by this section
  1 28 shall apply regardless of the established date of operation or
  1 29 expansion of the animal feeding operation.  The rebuttable
  1 30 presumption includes, but is not limited to, a defense for
  1 31 actions arising out of the care and feeding of animals; the
  1 32 handling or transportation of animals; the treatment or
  1 33 disposal of manure resulting from animals; the transportation
  1 34 and application of animal manure; and the creation of noise,
  1 35 odor, dust, or fumes arising from an animal feeding operation.
  2  1    5.  An animal feeding operation that complies with the
  2  2 requirements in chapter 455B for animal feeding operations
  2  3 shall be deemed to meet any common law requirements regarding
  2  4 the standard of a normal person living in the locality of the
  2  5 operation.
  2  6    6. 4.  A person who brings a losing cause of action against
  2  7 a person for whom the rebuttable presumption created under
  2  8 this section is not rebutted, shall be liable to the person
  2  9 against whom the action was brought for all costs and expenses
  2 10 incurred in the defense of the action, if the court determines
  2 11 that a claim is frivolous.
  2 12    7. 5.  The rebuttable presumption created in this section
  2 13 does not apply to an injury to a person or damages to property
  2 14 caused by the animal feeding operation, as defined in section
  2 15 455B.161, before May 31, 1995.  
  2 16                           EXPLANATION
  2 17    This bill amends section 657.11 which provides that in a
  2 18 court case a rebuttable presumption exists that an animal
  2 19 feeding operation is not a nuisance, regardless of whether the
  2 20 person obtains a permit for the operation.  The statute
  2 21 provides that compliance is deemed to meet any common law
  2 22 requirements regarding the standards of a normal person living
  2 23 in the locality of the operation.  The statute provides that
  2 24 the rebuttable presumption may be overcome by clear and
  2 25 convincing evidence that the animal feeding operation
  2 26 unreasonably and continously interferes with another person's
  2 27 comfortable use and enjoyment of the person's life or
  2 28 property, and that the injury or damage is proximately caused
  2 29 by the operation of the animal feeding operation.
  2 30    This bill eliminates provisions referring to permits and
  2 31 standards of normal persons living in the locality of the
  2 32 operation.  It provides that the rebuttable presumption may be
  2 33 overcome by clear and convincing evidence that the injury to a
  2 34 person or damage to property is proximately caused by the
  2 35 operation of the animal feeding operation.  
  3  1 LSB 3768SS 76
  3  2 da/jj/8.1
     
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