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House Journal: Page 2081: Friday, April 28, 1995

Page 18

 1   or concluded or that the parties did not reach an
 2   agreement.
 3     Sec. ___.  NEW SECTION.  654C.6  EXTENSION OF
 4   DEADLINES.
 5     Upon petition by all parties, the farm mediation
 6   service may, for good cause, extend a deadline imposed
 7   by section 654B.2 or 654B.4 for up to thirty days.
 8     Sec. ___.  NEW SECTION.  654C.7  EFFECT OF
 9   MEDIATION.
10     An interest in property or rights and obligations
11   under a contract are not affected by the failure of a
12   person to obtain a mediation agreement."
13     91.  Page 21, by inserting before line 12 the
14   following:
15     "Sec. ___.  Section 657.1, Code 1995, is amended to
16   read as follows:
17     657.1  NUISANCE -- WHAT CONSTITUTES -- ACTION TO
18   ABATE.
19     Whatever is injurious to health, indecent, or
20   unreasonably offensive to the senses, or an
21   obstruction to the free use of property, so as
22   essentially to interfere with the comfortable
23   enjoyment of life or property, is a nuisance, and a
24   civil action by ordinary proceedings may be brought to
25   enjoin and abate the same and to recover damages
26   sustained on account thereof.
27     Sec. ___.  Section 657.2, subsection 1, Code 1995,
28   is amended to read as follows:
29     1.  The erecting, continuing, or using any building
30   or other place for the exercise of any trade,
31   employment, or manufacture, which, by occasioning
32   noxious exhalations, unreasonably offensive smells, or
33   other annoyances, becomes injurious and dangerous to
34   the health, comfort, or property of individuals or the
35   public."
36     92.  By striking page 21, line 25, through page
37   22, line 30, and inserting the following:
38     "   .  If a person obtains all applicable permits
39   as required in chapter 455B for an animal feeding
40   operation as defined in section 455B.161, and if the
41   animal feeding operation complies with federal
42   statutes and regulations and state statutes and rules,
43   there shall be a rebuttable presumption that the
44   animal feeding operation is not a public or private
45   nuisance under this chapter or under principles of
46   common law, regardless of the established date of the
47   animal feeding operation's construction or expansion,
48   or whether the person is required to obtain a permit
49   or has obtained a permit voluntarily.  However, if a
50   person submits a manure management plan as required

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/02000/02081.html
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