House Study Bill 278

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON MADDOX)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the act or property of a public utility with
  2    respect to the definition of nuisance.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2837HC 80
  5 jj/sh/8

PAG LIN

  1  1    Section 1.  Section 657.1, Code 2003, is amended to read as
  1  2 follows:
  1  3    657.1  NUISANCE == WHAT CONSTITUTES == ACTION TO ABATE.
  1  4    1.  Whatever is injurious to health, indecent, or
  1  5 unreasonably offensive to the senses, or an obstruction to the
  1  6 free use of property, so as essentially to unreasonably
  1  7 interfere unreasonably with the comfortable enjoyment of life
  1  8 or property, is a nuisance, and a civil action by ordinary
  1  9 proceedings may be brought to enjoin and abate the same
  1 10 nuisance and to recover damages sustained on account thereof
  1 11 of the nuisance.
  1 12    2.  Notwithstanding subsection 1, an act taken or property
  1 13 maintained by a public utility, as defined in chapter 476, in
  1 14 compliance with administrative rules adopted by the utilities
  1 15 board of the department of commerce or other legal standards
  1 16 shall not be considered a nuisance.
  1 17                           EXPLANATION
  1 18    This bill amends Code section 657.1, relating to the
  1 19 definition of nuisance.  The new subsection provides that
  1 20 public utility action taken or property maintained in
  1 21 compliance with utilities board rules or other legal standards
  1 22 shall not be considered a nuisance.
  1 23 LSB 2837HC 80
  1 24 jj/sh/8
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