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