House Amendment 2047


PAG LIN




     1  1    Amend Senate File 601, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 55, by inserting after line 22 the
     1  4 following:
     1  5    <Sec.    .  NEW SECTION.  657.11A  ANIMAL FEEDING
     1  6 OPERATIONS == DEFENSE TO NUISANCE ACTIONS.
     1  7    This section applies to a claim as part of any
     1  8 cause of action involving real estate where an animal
     1  9 feeding operation, as defined in section 459.101, is
     1 10 constructed.
     1 11    1.  The claim must allege that the defendant is
     1 12 liable for damages based on an activity originating on
     1 13 the real estate in which the defendant holds a legal
     1 14 or equitable interest and which if proven would be any
     1 15 of the following:
     1 16    a.  A public or private nuisance under statute
     1 17 including this chapter or principles of common law.
     1 18    b.  Trespass or interfere with the comfortable use
     1 19 and enjoyment of life or property under statute
     1 20 including this chapter or principles of common law.
     1 21    c.  An injury to health or damages to property
     1 22 caused by airborne emissions of odor or particulate or
     1 23 nonparticulate matter under statute or principles of
     1 24 common law.
     1 25    2.  a.  If an activity originating on real estate
     1 26 in which the defendant holds a legal or equitable
     1 27 interest occurred earlier than the consenting action
     1 28 imputed to the plaintiff, the defendant shall have an
     1 29 absolute defense to the claim as provided in this
     1 30 section.  A consenting action imputed to the plaintiff
     1 31 means any of the following:
     1 32    (1)  The plaintiff's purchasing of real estate
     1 33 where the damages would have otherwise accrued.
     1 34    (2)  The plaintiff's construction of a structure
     1 35 which is part of a residence, business, agricultural
     1 36 operation, religious institution, or public use area
     1 37 on real estate where the damages would have otherwise
     1 38 accrued.
     1 39    b.  If a defendant cannot prove that a consenting
     1 40 action is imputed to the plaintiff, this section shall
     1 41 not provide a defendant a defense to the claim as
     1 42 provided in this section.  The defendant shall have
     1 43 the burden of proving that the claim cannot be brought
     1 44 or by proving a defense supported by clear and
     1 45 convincing evidence.>
     1 46 #2.  By renumbering as necessary.
     1 47
     1 48
     1 49                               
     1 50 WHITAKER of Van Buren
     2  1 SF 601.519 82
     2  2 da/je/10169

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