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House Journal: Page 2090: Friday, April 28, 1995

Page 7

 1     1.  The erecting, continuing, or using any building
 2   or other place for the exercise of any trade,
 3   employment, or manufacture, which, by occasioning
 4   noxious exhalations, unreasonably offensive smells, or
 5   other annoyances, becomes injurious and dangerous to
 6   the health, comfort, or property of individuals or the
 7   public.
 8     Sec. ___.  NEW SECTION.  657.11  ANIMAL FEEDING
 9   OPERATIONS.
10     1.  The purpose of this section is to protect
11   animal agricultural producers who manage their
12   operations according to state and federal requirements
13   from the costs of defending nuisance suits, which
14   negatively impact upon Iowa's competitive economic
15   position and discourage persons from entering into
16   animal agricultural production.  This section is
17   intended to promote the expansion of animal
18   agriculture in this state by protecting persons
19   engaged in the care and feeding of animals.  The
20   general assembly has balanced all competing interests
21   and declares its intent to protect and preserve animal
22   agricultural production operations.
23     2.  If a person has received all permits required
24   pursuant to chapter 455B for an animal feeding
25   operation, as defined in section 455B.161, there shall
26   be a rebuttable presumption that an animal feeding
27   operation is not a public or private nuisance under
28   this chapter or under principles of common law, and
29   that the animal feeding operation does not
30   unreasonably interfere with another person's
31   comfortable use and enjoyment of the person's life or
32   property under any other cause of action.  The
33   rebuttable presumption also applies to persons who are
34   not required to obtain a permit pursuant to chapter
35   455B for an animal feeding operation as defined in
36   section 455B.161.  The rebuttable presumption shall
37   not apply if the injury to a person or damage to
38   property is proximately caused by a failure to comply
39   with a federal statute or regulation or a state
40   statute or rule which applies to the animal feeding
41   operation.
42     3.  The rebuttable presumption may be overcome by
43   clear and convincing evidence of both of the
44   following:
45     a.  The animal feeding operation unreasonably and
46   continuously interferes with an adjoining landowner's
47   comfortable use and enjoyment of the landowner's life
48   or property.
49     b.  The injury or damage is proximately caused by
50   the negligent operation of the animal feeding

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/02000/02090.html
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