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House Journal: Page 1117: Thursday, March 28, 1996

Page 2  

 1     The following table represents the minimum
 2   separation distance in feet required between animal
 3   feeding operation structures and a public use area or
 4   a residence not owned by the owner of the animal
 5   feeding operation, a commercial enterprise, a bona
 6   fide religious institution, or an educational
 7   institution located within the corporate limits of a
 8   city:
 9     Sec. ___.  Section 657.1, Code Supplement 1995, is
10   amended to read as follows:
11     657.1  NUISANCE _ WHAT CONSTITUTES _ ACTION TO
12   ABATE.
13     Whatever is injurious to health, indecent, or
14   unreasonably offensive to the senses, or an
15   obstruction to the free use of property, so as
16   essentially to unreasonably interfere with the
17   comfortable enjoyment of life or property, is a
18   nuisance, and a civil action by ordinary proceedings
19   may be brought to enjoin and abate the same and to
20   recover damages sustained on account thereof.
21     Sec. ___.  Section 657.2, subsection 1, Code
22   Supplement 1995, is amended to read as follows:
23     1.  The erecting, continuing, or using any building
24   or other place for the exercise of any trade,
25   employment, or manufacture, which, by occasioning
26   noxious exhalations, unreasonably offensive smells, or
27   other annoyances, becomes injurious and dangerous to
28   the health, comfort, or property of individuals or the
29   public.
30     Sec. ___.  APPLICABILITY.  Except as provided in
31   section 455B.163, as enacted by 1995 Iowa Acts,
32   chapter 195, section 17, with regard to the continued
33   operation of animal feeding operations constructed
34   prior to May 31, 1995, or the expansion of structures
35   constructed prior to May 31, 1995, the provisions of
36   section 455B.162, subsection 1, paragraph "b",
37   unnumbered paragraph 1, Code Supplement 1995, as
38   enacted by 1995 Iowa Acts, chapter 195, section 16,
39   shall continue to apply to animal feeding operation
40   structures constructed on or after May 31, 1995, but
41   prior to the effective date of this Act, and to the
42   expansion of such structures constructed on or after
43   May 31, 1995, but prior to the effective date of this
44   Act.
45     Sec. ___.  REPEAL OF NUISANCE SUIT RESTRICTION.
46   Section 657.11, Code Supplement 1995, is repealed."
47     2.  Page 15, by striking lines 26 through 28.
48     3.  By renumbering as necessary.
Millage of Scott rose on a point of order that amendment H-5637,
to the committee amendment H-5482, was not germane, to the
committee amendment H-5482.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

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Last update: Mon Apr 1 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01100/01117.html
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