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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