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13thatthe animal feeding operationdoesshall not be 14 found to unreasonably andcontinuouslyfor substantial 15 periods of time interfere with another person's 16 comfortable use and enjoyment of the person's life or 17 property under any other cause of action.The18rebuttable presumption also applies to persons who are19not required to obtain a permit pursuant to chapter20455B for an animal feeding operation as defined in21section 455B.161. The rebuttable presumptionHowever, 22 this section shall not apply if the person bringing 23 the action proves that an injury toathe person or 24 damage to the person's property is proximately caused 25 byaeither of the following: 26 a. The failure to comply with a federal statute or 27 regulation or a state statute or rule which applies to 28 the animal feeding operation. 29 b.3. The rebuttable presumption may be overcome30by clear and convincing evidence of bothBoth of the 31 following: 32a.(1) The animal feeding operation unreasonably 33 andcontinuouslyfor substantial periods of time 34 interferes withanotherthe person's comfortable use 35 and enjoyment of the person's life or property. 36b.(2) Theinjury or damage is proximatelycaused37by the negligent operation of theanimal feeding 38 operation failed to use existing prudent generally 39 accepted management practices reasonable for the 40 operation. 41 5.The rebuttable presumption created by thisThis 42 section shall apply regardless of the established date 43 of operation or expansion of the animal feeding 44 operation.The rebuttable presumptionA defense 45 against a cause of action provided in this section 46 includes, but is not limited to, a defense for actions 47 arising out of the care and feeding of animals; the 48 handling or transportation of animals; the treatment 49 or disposal of manure resulting from animals; the 50 transportation and application of animal manure; and Page 2 1 the creation of noise, odor, dust, or fumes arising 2 from an animal feeding operation. 3 6.An animal feeding operation that complies with4the requirements in chapter 455B for animal feeding5operations shall be deemed to meet any common law6requirements regarding the standard of a normal person7living in the locality of the operation.87. AIf a court determines that a claim is 9 frivolous, a person who brings the claim as part of a 10 losing cause of action against a personfor whom the11rebuttable presumption createdwho may raise a defense 12 under this sectionis not rebutted,shall be liable to
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