House File 653 - Introduced HOUSE FILE BY ALONS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for the payment of litigation expenses related 2 to legal actions alleging that an agricultural operation is a 3 nuisance. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1972YH 83 6 da/nh/24 PAG LIN 1 1 Section 1. NEW SECTION. 657.12 AGRICULTURAL OPERATIONS 1 2 == NUISANCE ACTIONS == PAYMENT OF LITIGATION EXPENSES. 1 3 This section applies to an action at law or equity 1 4 involving a party who complains that an agricultural operation 1 5 is a nuisance as provided in this section, if the complaint is 1 6 part of a cause of action or judicial proceeding brought 1 7 against an adverse party. 1 8 1. The complaint may be in law or equity, and may be made 1 9 as part of a claim, counterclaim, cross=claim, petition, or 1 10 any other pleading filed in district court or appellate court. 1 11 2. a. The nuisance must be a condition or activity which 1 12 occurs on land used in connection with an agricultural 1 13 operation, including the growing, raising, harvesting, drying, 1 14 or storage of crops or the production, care, feeding, or 1 15 housing of livestock as defined in section 10.1. 1 16 b. The nuisance complaint shall be made pursuant to any of 1 17 the following theories: 1 18 (1) A private nuisance under this chapter, or under 1 19 principles of common law, including any cause of action 1 20 alleging the interference with the comfortable use and 1 21 enjoyment of life or property. 1 22 (2) An easement over another person's property which 1 23 constitutes a permanent physical invasion of another person's 1 24 property. 1 25 3. a. A complaining party who fails to prove that the 1 26 agricultural operation is a nuisance as provided in this 1 27 section shall pay the adverse party's litigation expenses. 1 28 b. A complaining party who proves that an agricultural 1 29 operation is a nuisance, shall pay one percent of the adverse 1 30 party's litigation expenses for each one percent that the 1 31 judgment amount is less than the amount sought in the 1 32 complaint. However, a complaining party is not required to 1 33 pay the adverse party's litigation expenses if the complaining 1 34 party is awarded damages of more than ten percent of the 1 35 amount of damages sought by the complaining party. 2 1 4. As used in this section, "litigation expenses" includes 2 2 court costs and reasonable attorney fees, reasonable expert 2 3 witness fees, and reasonable travel expenses of the adverse 2 4 party or witnesses, which shall be taxed as part of the costs 2 5 of the action. 2 6 EXPLANATION 2 7 This bill provides that in a legal action alleging that an 2 8 agricultural operation is a nuisance, the party making the 2 9 allegation must pay the adverse party's litigation expenses 2 10 if: (1) the complaining party fails to prove that the 2 11 agricultural operation is a nuisance, or (2) the complaining 2 12 party proves that the agricultural operation is a nuisance but 2 13 is awarded 10 percent or less of the amount sought. In that 2 14 case, the complaining party must pay 1 percent of the adverse 2 15 party's litigation expenses for each 1 percent that the 2 16 judgment amount is less than the amount sought in the 2 17 complaint. 2 18 LSB 1972YH 83 2 19 da/nh/24.1