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House Journal: Page 2082: Friday, April 28, 1995

Page 19

 1   pursuant to section 455B.203 for a small animal
 2   feeding operation, the person is not required to
 3   obtain a permit as provided in section 455B.173 in
 4   order to enjoy the same nuisance suit protection.  The
 5   rebuttable presumption may be overcome by clear and
 6   convincing evidence that the animal feeding operation
 7   unreasonably and continuously interferes with an
 8   adjoining landowner's use and enjoyment of the
 9   landowner's real property in a manner that causes harm
10   to the use and enjoyment of the landowner's real
11   property.  This nuisance suit protection includes
12   protection for, but is not limited to, the care and
13   feeding of animals; the handling or transportation of
14   animals; the treatment or disposal of wastes resulting
15   from animals; the transportation and application of
16   animal wastes; and the creation of noise, odor, dust,
17   or fumes arising from an animal feeding operation.
18        .  If a claim contains an averment of a public
19   or private nuisance, it shall be accompanied by a
20   verification.  The verification shall constitute a
21   certification by the signor that the party and the
22   party's attorney have carefully read the pleadings,
23   motions, or other papers of the case, and based on a
24   reasonable inquiry, believe that the claim is well
25   grounded in fact, is warranted by existing law, or a
26   good faith argument can be made for the extension,
27   modification, or reversal of existing law; or that the
28   claim is not made for an improper purpose, including
29   to harass, to cause unnecessary delay, or to impose a
30   needless increase in the cost of litigation.  The
31   court, upon motion or its own initiative, shall award
32   the prevailing party costs of an action, which shall
33   be paid by the losing party or the losing party's
34   attorney, and which costs may include but are not
35   limited to reasonable attorney fees, if the action is
36   based upon a claim of public or private nuisance,
37   which is not well grounded in fact and is not
38   warranted by existing law or a good faith argument for
39   the extension, modification, or reversal of existing
40   law, or is brought for an improper purpose.
41        .  The nuisance suit protection provided in this
42   section does not apply to a nuisance action brought
43   against an animal feeding operation which arises out
44   of an injury to a person or damages to property caused
45   by the animal feeding operation before the effective
46   date of this Act.  If the applicable permits are or
47   the manure management plan is obtained on or after the
48   effective date of this Act, the nuisance suit
49   protection does not apply to injury or damages caused
50   before the date the applicable permits are obtained or

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

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Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/02000/02082.html
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