Text: SF02054                           Text: SF02056
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2055

Partial Bill History

Bill Introduced: S.J. 109
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 657.11, subsection 3, Code 1997, is
  1  2 amended to read as follows:
  1  3    3.  The rebuttable presumption may be overcome by clear and
  1  4 convincing evidence of both of the following:
  1  5    a.  The that the animal feeding operation unreasonably and
  1  6 continuously interferes with another person's comfortable use
  1  7 and enjoyment of the person's life or property. and that
  1  8 either of the following applies:
  1  9    a.  The animal feeding operation failed to minimize the
  1 10 source of the interference by using technology and practices
  1 11 that a prudent person would consider reasonable based on the
  1 12 size of the operation.
  1 13    b.  The injury or damage is proximately caused by the
  1 14 negligent operation of the animal feeding operation.  
  1 15                           EXPLANATION
  1 16    This bill amends Code section 657.11 which provides that in
  1 17 a legal action asserting a nuisance against an animal feeding
  1 18 operation, there is a rebuttable presumption that the animal
  1 19 feeding operation which complies with state and federal
  1 20 regulations is not a public or private nuisance.  The Code
  1 21 section provides that the rebuttable presumption must be
  1 22 overcome by clear and convincing evidence of two facts:  (1)
  1 23 that the operation unreasonably and continuously interferes
  1 24 with the comfortable use and enjoyment of life or property,
  1 25 and (2) the injury or damage is proximately caused by the
  1 26 negligent operation of the animal feeding operation.
  1 27    This bill provides that a plaintiff must overcome the
  1 28 presumption by clear and convincing evidence that the animal
  1 29 feeding operation unreasonably and continuously interferes
  1 30 with another person's comfortable use and enjoyment of the
  1 31 person's life or property and either (1) the operation failed
  1 32 to minimize the source of the interference by using technology
  1 33 and practices that a prudent person would consider reasonable
  1 34 based on the size of the operation, or (2) the injury or
  1 35 damage is proximately caused by the negligent operation of the
  2  1 animal feeding operation.  
  2  2 LSB 3504XS 77
  2  3 da/cf/24

Text: SF02054                           Text: SF02056
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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