Text: H08259 Text: H08261 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2494 as follows:
1 2 #1. Page 24, by inserting before line 5, the
1 3 following:
1 4 "Sec. ___. NEW SECTION. 455B.200C LEGAL ACTIONS.
1 5 1. Section 657.11 shall not apply to a person
1 6 receiving a permit for the construction of a
1 7 confinement feeding operation or a related animal
1 8 feeding operation structure under section 455B.200A.
1 9 2. In any nuisance action or proceeding against a
1 10 confinement feeding operation described in subsection
1 11 1, by or on behalf of a person whose date of ownership
1 12 of realty is subsequent to the established date of
1 13 operation of that confinement feeding operation, there
1 14 shall be an absolute defense to the claim of nuisance.
1 15 However, this subsection shall not apply to any of the
1 16 following:
1 17 a. A nuisance caused by a failure to comply with a
1 18 federal statute or regulation or a state statute or
1 19 rule which applies to the confinement feeding
1 20 operation, including requirements established in this
1 21 part.
1 22 b. Any period that the confinement feeding
1 23 operation or a person holding a controlling interest
1 24 in the confinement feeding operation is classified as
1 25 a chronic violator as defined in section 455B.202.
1 26 c. Notwithstanding section 335.2, the failure of a
1 27 confinement feeding operation to comply with zoning
1 28 requirements adopted by the county where the
1 29 confinement feeding operation is located. A zoning
1 30 requirement shall apply to a confinement feeding
1 31 operation with an established date of operation
1 32 subsequent to the effective date of the zoning
1 33 requirement."
1 34 #2. By renumbering as necessary.
1 35
1 36
1 37
1 38 KOENIGS of Mitchell
1 39 HF 2494.205 77
1 40 da/jl/28
Text: H08259 Text: H08261 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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