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 -1-