Text: SF02211 Text: SF02213 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 657.11, subsections 2 and 3, Code 1997, 1 2 are amended to read as follows: 1 3 2. If a person has received all permits required pursuant 1 4 to chapter 455B for an animal feeding operation, as defined in 1 5 section 455B.161, there shall be a rebuttable presumption that 1 6 an animal feeding operation is not a public or private 1 7 nuisance under this chapter or under principles of common law, 1 8 and that the animal feeding operation does not unreasonably 1 9and continuouslyinterfere with another person's comfortable 1 10 use and enjoyment of the person's life or property under any 1 11 other cause of action. The rebuttable presumption also 1 12 applies to persons who are not required to obtain a permit 1 13 pursuant to chapter 455B for an animal feeding operation as 1 14 defined in section 455B.161. The rebuttable presumption shall 1 15 not apply if the injury to a person or damage to property is 1 16 proximately caused by a failure to comply with a federal 1 17 statute or regulation or a state statute or rule which applies 1 18 to the animal feeding operation. 1 19 3. The rebuttable presumption may be overcome by clear and 1 20 convincing evidence ofbotheither of the following: 1 21 a. The animal feeding operation unreasonablyand1 22continuouslyinterferes with another person's comfortable use 1 23 and enjoyment of the person's life or property. 1 24 b. The injury or damage is proximately caused by the 1 25 negligent operation of the animal feeding operation. 1 26 EXPLANATION 1 27 This bill amends Code section 657.11, which provides that 1 28 in a legal action asserting a nuisance against an animal 1 29 feeding operation, there is a rebuttable presumption that the 1 30 animal feeding operation which complies with state and federal 1 31 regulations is not a public or private nuisance. The Code 1 32 section provides that the rebuttable presumption must be 1 33 overcome by clear and convincing evidence of two facts: (1) 1 34 that the operation unreasonably and continuously interferes 1 35 with the comfortable use and enjoyment of life or property, 2 1 and (2) that the injury or damage is proximately caused by the 2 2 negligent operation of the animal feeding operation. 2 3 This bill eliminates the provision requiring a continuous 2 4 interference. It also provides that the plaintiff does not 2 5 have to prove both elements. The plaintiff must prove that 2 6 either the interference is unreasonable or that the operator's 2 7 negligence is the proximate cause of the injury or damage. 2 8 LSB 3800XS 77 2 9 da/sc/14
Text: SF02211 Text: SF02213 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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