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