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House Journal: Page 1530: Monday, April 13, 1998

39   college, if the research activities and experiments
40   relate to animal feeding operations, including but not
41   limited to the confinement of animals and the storage
42   and disposal of manure originating from animal feeding
43   operations.
44     3.  This section shall not apply to requirements
45   provided in any of the following:
46     a.  Section 455B.201, including rules adopted by
47   the department under that section.
48     b.  Section 455B.204, including rules adopted by
49   the department under that section.
50     Sec. 38.  Section 657.11, subsections 2, 3, 5, 6,

Page  34

 1   7, and 8, Code 1997, are amended to read as follows:
 2     2.  If a person has received all permits required
 3   pursuant to chapter 455B for an animal feeding
 4   operation, as defined in section 455B.161, there shall
 5   be a rebuttable presumption that an An animal
feeding
 6   operation is, as defined in section 455B.161, shall
 7   not be found to be a public or private nuisance under
 8   this chapter or under principles of common law, and
 9   that the animal feeding operation does shall not
10   unreasonably and continuously be found to interfere
11   with another person's comfortable use and enjoyment of
12   the person's life or property under any other cause of
13   action.  The rebuttable presumption also applies to
14   persons who are not required to obtain a permit
15   pursuant to chapter 455B for an animal feeding
16   operation as defined in section 455B.161.  The
17   rebuttable presumption However, this section shall
not
18   apply if the person bringing the action proves that an
19   injury to a the person or damage to the person's
20   property is proximately caused by a either of the
21   following:
22     a.  The failure to comply with a federal statute or
23   regulation or a state statute or rule which applies to
24   the animal feeding operation.
25     b.  3.  The rebuttable presumption may be overcome
26   by clear and convincing evidence of both Both of the
27   following:
28     a. (1)  The animal feeding operation unreasonably
29   and continuously for substantial periods of time
30   interferes with another the person's comfortable use
31   and enjoyment of the person's life or property.
32     b. (2)  The injury or damage is proximately
caused
33   by the negligent operation of the animal feeding
34   operation failed to use existing prudent generally
35   accepted management practices reasonable for the
36   operation.
37     5.  The rebuttable presumption created by this
This
38   section shall apply regardless of the established date

© 1998 Cornell College and League of Women Voters of Iowa

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