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Senate File 447 - ReprintedA Bill ForAn Act 1providing for certain court actions involving an
2allegation of a public or private nuisance or the
3interference with a person’s comfortable use and enjoyment
4of life or property caused by an animal feeding operation,
5providing for the award of damages, costs, and expenses, and
6including effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 657.11A Animal agriculture —
2promotion of responsible animal feeding operations.
31. a. Findings. The general assembly finds that important
4public interests are advanced by preserving and encouraging the
5expansion of responsible animal agricultural production in this
6state which provides employment opportunities in and economic
7growth for rural Iowa, contributes tax revenues to the state
8and to local communities, and protects our valuable natural
9resources.
10b. Purpose. The purpose of this section is to encourage
11persons involved in animal agriculture to adopt existing
12prudent and generally utilized management practices for their
13animal feeding operations, thereby enhancing the fundamental
14role of animal agriculture in this state by providing a
15reasonable level of protection to persons engaged in animal
16agricultural production from certain types of nuisance actions.
17c. Declaration. The general assembly has balanced all
18competing interests and declares its intent to preserve
19and enhance responsible animal agricultural production,
20specifically animal agricultural producers in this state
21who use existing prudent and generally utilized management
22practices reasonable for their animal feeding operations.
232. Except as otherwise provided by this section, an animal
24feeding operation, as defined in section 459.102, found to
25be a public or private nuisance under this chapter or under
26principles of common law, or found to interfere with another
27person’s comfortable use and enjoyment of the person’s life or
28property under any other cause of action, shall be conclusively
29presumed to be a permanent nuisance and not a temporary
30or continuing nuisance under principles of common law, and
31shall be subject to compensatory damages only as provided in
32subsection 3.
333. Compensatory damages awarded to a person bringing
34an action alleging that an animal feeding operation is a
35public or private nuisance, or an interference with the
-1-1person’s comfortable use and enjoyment of the person’s life or
2property under any other cause of action, shall not exceed the
3following:
4a. The person’s share of compensatory property damages due
5to any diminution in the fair market value of the person’s real
6property proximately caused by the animal feeding operation.
7The fair market value of the real property is deemed to equal
8the price that a buyer who is willing but not compelled to
9buy and a seller who is willing but not compelled to sell
10would accept for the real property. The person’s share of any
11compensatory property damages must be based on the person’s
12share of the ownership interest in the real property. For
13purposes of this section, ownership interest means holding
14legal or equitable title to real property in fee simple, as a
15life estate, or as a leasehold interest.
16b. The person’s compensatory damages due to the person’s
17past, present, and future adverse health condition. This
18determination shall be made utilizing only objective and
19documented medical evidence that the nuisance or interference
20with the comfortable use and enjoyment of the person’s life or
21property was the proximate cause of the person’s adverse health
22condition.
23c. The person’s compensatory special damages proximately
24caused by the animal feeding operation, including without
25limitation, annoyance and the loss of comfortable use and
26enjoyment of real property. However, the total damages awarded
27to a person under this paragraph “c” shall not exceed one and
28one-half times the sum of any damages awarded to the person for
29the person’s share of the total compensatory property damages
30awarded under paragraph “a” plus any compensatory damages
31awarded to the person under paragraph “b”.
324. This section shall apply to an animal feeding operation
33in the same manner as section 657.11, subsections 4 and 5.
345. This section shall not apply if the person bringing
35the action proves that the public or private nuisance or
-2-1interference with another person’s comfortable use and
2enjoyment of the person’s life or property under any other
3cause of action is proximately caused by any of the following:
4a. The failure to comply with a federal statute or
5regulation or a state statute or rule which applies to the
6animal feeding operation.
7b. The failure to use existing prudent generally utilized
8management practices reasonable for the animal feeding
9operation.
106. This section does not apply to a person during the
11time in which the person is classified as a habitual violator
12pursuant to section 459.604.
137. This section does not apply to a cause of action that
14accrued prior to the effective date of this Act.
15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
da/rj/jh
2allegation of a public or private nuisance or the
3interference with a person’s comfortable use and enjoyment
4of life or property caused by an animal feeding operation,
5providing for the award of damages, costs, and expenses, and
6including effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 657.11A Animal agriculture —
2promotion of responsible animal feeding operations.
31. a. Findings. The general assembly finds that important
4public interests are advanced by preserving and encouraging the
5expansion of responsible animal agricultural production in this
6state which provides employment opportunities in and economic
7growth for rural Iowa, contributes tax revenues to the state
8and to local communities, and protects our valuable natural
9resources.
10b. Purpose. The purpose of this section is to encourage
11persons involved in animal agriculture to adopt existing
12prudent and generally utilized management practices for their
13animal feeding operations, thereby enhancing the fundamental
14role of animal agriculture in this state by providing a
15reasonable level of protection to persons engaged in animal
16agricultural production from certain types of nuisance actions.
17c. Declaration. The general assembly has balanced all
18competing interests and declares its intent to preserve
19and enhance responsible animal agricultural production,
20specifically animal agricultural producers in this state
21who use existing prudent and generally utilized management
22practices reasonable for their animal feeding operations.
232. Except as otherwise provided by this section, an animal
24feeding operation, as defined in section 459.102, found to
25be a public or private nuisance under this chapter or under
26principles of common law, or found to interfere with another
27person’s comfortable use and enjoyment of the person’s life or
28property under any other cause of action, shall be conclusively
29presumed to be a permanent nuisance and not a temporary
30or continuing nuisance under principles of common law, and
31shall be subject to compensatory damages only as provided in
32subsection 3.
333. Compensatory damages awarded to a person bringing
34an action alleging that an animal feeding operation is a
35public or private nuisance, or an interference with the
-1-1person’s comfortable use and enjoyment of the person’s life or
2property under any other cause of action, shall not exceed the
3following:
4a. The person’s share of compensatory property damages due
5to any diminution in the fair market value of the person’s real
6property proximately caused by the animal feeding operation.
7The fair market value of the real property is deemed to equal
8the price that a buyer who is willing but not compelled to
9buy and a seller who is willing but not compelled to sell
10would accept for the real property. The person’s share of any
11compensatory property damages must be based on the person’s
12share of the ownership interest in the real property. For
13purposes of this section, ownership interest means holding
14legal or equitable title to real property in fee simple, as a
15life estate, or as a leasehold interest.
16b. The person’s compensatory damages due to the person’s
17past, present, and future adverse health condition. This
18determination shall be made utilizing only objective and
19documented medical evidence that the nuisance or interference
20with the comfortable use and enjoyment of the person’s life or
21property was the proximate cause of the person’s adverse health
22condition.
23c. The person’s compensatory special damages proximately
24caused by the animal feeding operation, including without
25limitation, annoyance and the loss of comfortable use and
26enjoyment of real property. However, the total damages awarded
27to a person under this paragraph “c” shall not exceed one and
28one-half times the sum of any damages awarded to the person for
29the person’s share of the total compensatory property damages
30awarded under paragraph “a” plus any compensatory damages
31awarded to the person under paragraph “b”.
324. This section shall apply to an animal feeding operation
33in the same manner as section 657.11, subsections 4 and 5.
345. This section shall not apply if the person bringing
35the action proves that the public or private nuisance or
-2-1interference with another person’s comfortable use and
2enjoyment of the person’s life or property under any other
3cause of action is proximately caused by any of the following:
4a. The failure to comply with a federal statute or
5regulation or a state statute or rule which applies to the
6animal feeding operation.
7b. The failure to use existing prudent generally utilized
8management practices reasonable for the animal feeding
9operation.
106. This section does not apply to a person during the
11time in which the person is classified as a habitual violator
12pursuant to section 459.604.
137. This section does not apply to a cause of action that
14accrued prior to the effective date of this Act.
15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
da/rj/jh