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House Journal: Page 1521: Monday, April 13, 1998

39   replevin, foreclosure, execution sale, the execution
40   of a judgment, the foreclosure of a real estate
41   mortgage, the forfeiture of a real estate contract, or
42   a transfer resulting from a decree for specific
43   performance.
44     c.  "Suspect site" means a confinement feeding
45   operation or land where a confinement feeding
46   operation could be constructed, if the site is subject
47   to a suspect transaction.
48     d.  "Suspect transaction" means a transaction in
49   which a habitual violator does any of the following:
50     (1)  Transfers a controlling interest in a suspect

Page  25

 1   site to any of the following:
 2     (a)  An employee of the habitual violator or
 3   business in which the person holds a controlling
 4   interest.
 5     (b)  A person who holds an interest in a business,
 6   including a confinement feeding operation, in which
 7   the habitual violator holds a controlling interest.
 8     (c)  A person related to the habitual violator as
 9   spouse, parent, grandparent, lineal ascendant of a
10   grandparent or spouse and any other lineal descendant
11   of the grandparent or spouse, or a person acting in a
12   fiduciary capacity for a related person.  This
13   paragraph does not apply to a transaction completed by
14   an operation of law.
15     (2)  Provides financing for the construction or
16   operation of a confinement feeding operation to any
17   person, by providing a contribution or loan to the
18   person, or providing cash or other tangible collateral
19   for a contribution or loan made by a third person.
20     e.  "Transaction" includes a transfer in any manner
21   or by any means, including any of the following:
22     (1)  Delivery and acceptance between two parties,
23   including by contract or agreement with or without
24   consideration, including by sale, exchange, barter, or
25   gift.
26     (2)  An operation of law.
27     2.  a.  A person shall not construct or expand an
28   animal feeding operation structure which is part of a
29   confinement feeding operation, if the person is a
any
30   of the following:
31     (1)  A party to a pending action for a violation of
32   this chapter concerning a confinement feeding
33   operation in which the person has a controlling
34   interest and the action is commenced in district court
35   by the attorney general.
36     (2)  A habitual violator.
37     b.  A person shall not construct or expand an
38   animal feeding operation structure which is part of a

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Last update: Tue Apr 14 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01521.html
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