Text: SSB01226 Text: SSB01228 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 654B.3, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. a. A person who is a farm resident, or other party, 1 4 desiring to initiate a civil proceeding to resolve a dispute, 1 5 shall file a request for mediation with the farm mediation 1 6 service. The person shall not begin the proceeding until the 1 7 person receives a mediation release or until the court 1 8 determines after notice and hearing thatone of the following1 9applies:1 10(1) Thethe time delay required for the mediation would 1 11 cause the person to suffer irreparable harm. 1 12(2) The dispute involves a claim which has been brought as1 13a class action.1 14 b. The requirements of paragraph "a" are jurisdictional 1 15 prerequisites to a person filing a civil action that initiates 1 16 a civil proceeding to resolve a dispute subject to this 1 17 chapter. 1 18 Sec. 2. Section 657.8, Code 2001, is amended to read as 1 19 follows: 1 20 657.8 ANIMAL FEEDING OPERATIONS – FEEDLOTS. 1 21 This chapter shall apply to an animal feeding operation 1 22 only as provided in chapter 657B or to the operation of a 1 23 livestock feedlot,only as provided in chapter 172D. 1 24 Sec. 3. NEW SECTION. 657B.1 SHORT TITLE. 1 25 This chapter shall be known and may be cited as the "Iowa 1 26 Livestock Production Defense Act". 1 27 Sec. 4. NEW SECTION. 657B.2 PURPOSE. 1 28 The purpose of this chapter is the same as set forth in 1 29 section 657.11. 1 30 Sec. 5. NEW SECTION. 657B.3 DEFINITIONS. 1 31 As used in this chapter, unless the context otherwise 1 32 requires: 1 33 1. "Animal feeding operation" means the same as defined in 1 34 section 455B.161. 1 35 2. "Litigation expenses" means the amount of the sum of 2 1 the costs, disbursements, and expenses, including reasonable 2 2 attorney fees, expert witness fees, and engineering fees 2 3 necessary in order to prepare for or participate in a cause of 2 4 action. 2 5 3. "Nuisance action" means any cause of action for private 2 6 or public nuisance, brought under chapter 657 or principles of 2 7 common law, or any related cause of action that interferes 2 8 with another person's comfortable use and enjoyment of the 2 9 person's life or property, including but not limited to 2 10 anticipatory nuisance, negligence, trespass, or a violation of 2 11 public trust. 2 12 Sec. 6. NEW SECTION. 657B.4 STANDING. 2 13 A person shall not have standing to bring a nuisance action 2 14 against any person for the operation of an animal feeding 2 15 operation, including practices and activities protected under 2 16 section 657.11, unless the person seeking to bring the 2 17 nuisance action has an ownership interest in the property 2 18 alleged to be affected by the animal feeding operation. 2 19 Sec. 7. NEW SECTION. 657B.5 DAMAGES. 2 20 1. In a nuisance action brought on or after the effective 2 21 date of this Act, where an animal feeding operation is found 2 22 to be a nuisance, a claimant may be awarded damages subject to 2 23 all of the following: 2 24 a. A defendant who contributes to the negligence is 2 25 responsible for damages under this section only to the extent 2 26 of the defendant's percentage of fault as provided in sections 2 27 668.3 through 668.6. 2 28 b. A claimant may recover compensatory damages as follows: 2 29 (1) For the loss of value of the claimant's real property, 2 30 the amount shall not be more than the value of the claimant's 2 31 real property as of the date that the animal feeding operation 2 32 was first operated by the defendant. 2 33 (2) For damages other than the loss of value of the 2 34 claimant's real property, the claimant may recover 2 35 compensation for actual and consequential damages together 3 1 with punitive or exemplary damages. However, all of the 3 2 following shall apply: 3 3 (a) Punitive or exemplary damages shall not be awarded, 3 4 unless the claimant recovers damages pursuant to this section 3 5 and the court or jury makes the findings required by section 3 6 668A.1. 3 7 (b) All damages awarded against all defendants in a 3 8 nuisance action subject to this subsection shall not exceed 3 9 one hundred thousand dollars, including any derivative claim 3 10 brought by any other claimant. A claimant shall not be 3 11 awarded more than fifty thousand dollars in punitive or 3 12 exemplary damages and a claimant bringing a derivative claim 3 13 shall not be awarded more than fifty thousand dollars. 3 14 2. In a nuisance action brought on or after the effective 3 15 date of this Act, where an animal feeding operation is not 3 16 found to be a nuisance, the defendant shall be awarded 3 17 litigation expenses that shall be taxed as part of the costs 3 18 of the action. 3 19 EXPLANATION 3 20 This bill relates to nuisance actions brought against 3 21 animal feeding operations by providing that only persons who 3 22 are injured by the nuisance have standing. The bill provides 3 23 that a defendant who contributes to the negligence is 3 24 responsible for the percentage of the person's fault as 3 25 provided under Code chapter 668, and limits the amount of 3 26 money that can be recovered in compensatory damages. Loss of 3 27 property value is determined based on the value as of the date 3 28 that the animal feeding operation was first operated. For 3 29 other damages, the bill limits damages to $100,000, including 3 30 not more than $50,000 for any derivative claim or $50,000 for 3 31 exemplary or punitive damages. 3 32 LSB 3277XC 79 3 33 da/gg/8
Text: SSB01226 Text: SSB01228 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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