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House Journal: Page 673: Thursday, March 12, 1998

 2     1.  Page 36, line 1, by striking the word "estate"
 3   and inserting the following:  "property".
 4     2.  Page 36, by striking line 2 and inserting the
 5   following:  "if the acknowledgement is required to be
 6   signed pursuant to section 558A.4A.  The failure to".
 7     3.  Page 36, by striking lines 27 through 29 and
 8   inserting the following:
 9     "A person conveyed real property located within a
10   separation distance required between an animal feeding
11   operation and a residence pursuant to section 455B.162
12   must sign an".
13     4.  Page 36, line 30, by inserting after the word
14   "acknowledgment." the following:  "An acknowledgment
15   is not required for any type of conveyance to the same
16   extent that a disclosure is not required for a
17   transfer pursuant to section 558A.1, subsection 4,
18   paragraphs "a" through "h"."
19     5.  Page 37, line 4, by inserting after the word
20   "AREAS." the following:  "UNDER IOWA CODE SECTION
21   455B.165, AN ANIMAL FEEDING OPERATION MAY EXPAND
22   CLOSER TO A RESIDENCE IF THE ANIMAL FEEDING OPERATION
23   WAS ESTABLISHED BEFORE THE RESIDENCE WAS CONSTRUCTED.
24   THE ANIMAL FEEDING OPERATION MAY HAVE A LEGAL DEFENSE
25   FROM LAWSUITS INVOLVING ACTIVITIES CUSTOMARILY
26   ASSOCIATED WITH THE CARE AND FEEDING OF LIVESTOCK."
27     6.  Page 37, by striking lines 13 and 14 and
28   inserting the following:
29     "2.  A person conveyed real property may bring a
30   cause of action to invalidate the conveyance based on
31   a failure to file a signed acknowledgment with".
32     7.  Page 37, line 19, by striking the words
33   "transfer of" and inserting the following:
34   "conveyance of real".
Amendment H-8262 was adopted.
Wise of Lee offered the following amendment H-8177 filed by
Wise, et al.:

H-8177

 1     Amend House File 2494 as follows:
 2     1.  Page 37, by inserting after line 24 the
 3   following:
 4     "Sec. ___.  Section 657.11, subsections 2, 3, 5, 6,
 5   7, and 8, Code 1997, are amended to read as follows:
 6     2.  If a person has received all permits required
 7   pursuant to chapter 455B for an animal feeding
 8   operation, as defined in section 455B.161, there shall
 9   be a rebuttable presumption that an An animal
feeding
10   operation is, as defined in section 455B.161, shall
11   not be found to be a public or private nuisance under
12   this chapter or under principles of common law, and

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