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House File 2397

Partial Bill History

Bill Introduced: H.J. 429.2
Committee Report Issued: S.J. 636.2
Passed House: H.J. 517.2
Passed Senate: S.J. 753.2
Signed by Governor: H.J. 1399.2
Complete Bill History

Bill Text

PAG LIN
  1  1                                             HOUSE FILE 2397
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ACT OR PROPERTY OF A PUBLIC UTILITY WITH
  1  5    RESPECT TO THE DEFINITION OF NUISANCE.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 657.1, Code 2003, is amended to read as
  1 10 follows:
  1 11    657.1  NUISANCE – WHAT CONSTITUTES – ACTION TO ABATE.
  1 12    1.  Whatever is injurious to health, indecent, or
  1 13 unreasonably offensive to the senses, or an obstruction to the
  1 14 free use of property, so as essentially to unreasonably
  1 15 interfere unreasonably with the comfortable enjoyment of life
  1 16 or property, is a nuisance, and a civil action by ordinary
  1 17 proceedings may be brought to enjoin and abate the same
  1 18 nuisance and to recover damages sustained on account thereof
  1 19 of the nuisance.
  1 20    2.  Notwithstanding subsection 1, in an action to abate a
  1 21 nuisance against an electric utility, an electric utility may
  1 22 assert a defense of comparative fault as set out in section
  1 23 668.3 if the electric utility demonstrates that in the course
  1 24 of providing electric services to its customers that it has
  1 25 complied with engineering and safety standards as adopted by
  1 26 the utilities board of the department of commerce, and if the
  1 27 electric utility has secured all permits and approvals, as
  1 28 required by state law and local ordinances, necessary to
  1 29 perform activities alleged to constitute a nuisance.  
  1 30 
  1 31 
  1 32                                                             
  1 33                               CHRISTOPHER C. RANTS
  1 34                               Speaker of the House
  1 35 
  2  1 
  2  2                                                             
  2  3                               JEFFREY M. LAMBERTI
  2  4                               President of the Senate
  2  5 
  2  6    I hereby certify that this bill originated in the House and
  2  7 is known as House File 2397, Eightieth General Assembly.
  2  8 
  2  9 
  2 10                                                             
  2 11                               MARGARET THOMSON
  2 12                               Chief Clerk of the House
  2 13 Approved                , 2004
  2 14 
  2 15 
  2 16                            
  2 17 THOMAS J. VILSACK
  2 18 Governor

Text: HF02396                           Text: HF02398
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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