Bill Text: IA HF430 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing for nuisance actions arising out of agricultural uses and practices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF430 Detail]
Download: Iowa-2011-HF430-Introduced.html
House
File
430
-
Introduced
HOUSE
FILE
430
BY
SWEENEY
A
BILL
FOR
An
Act
providing
for
nuisance
actions
arising
out
of
1
agricultural
uses
and
practices.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
657.12
Actions
against
agricultural
1
uses
and
agricultural
practices.
2
1.
Legislative
purpose.
The
general
assembly
finds
3
that
development
in
rural
areas
and
changes
in
agricultural
4
technology,
practices,
and
scale
of
operation
have
increasingly
5
tended
to
create
conflicts
between
agricultural
and
other
6
uses
of
land.
The
general
assembly
believes
that,
to
the
7
extent
possible
consistent
with
good
public
policy,
the
law
8
should
not
hamper
agricultural
production
or
the
use
of
modern
9
agricultural
technology.
The
general
assembly
therefore
deems
10
it
in
the
best
interest
of
the
state
to
establish
limits
on
11
the
remedies
available
in
those
conflicts
relating
to
the
12
agricultural
use
of
land
which
reach
the
judicial
system.
13
2.
Definitions.
As
used
in
this
section,
unless
the
context
14
otherwise
requires:
15
a.
“Agricultural
practice”
means
any
activity
associated
16
with
an
agricultural
use.
17
b.
“Agricultural
use”
means
any
of
the
following
activities
18
conducted
for
the
purpose
of
producing
an
income
or
livelihood:
19
(1)
Crop
or
forage
production.
20
(2)
Keeping
livestock.
21
(3)
Beekeeping.
22
(4)
Nursery,
sod,
or
Christmas
tree
production.
23
(5)
Floriculture.
24
(6)
Aquaculture.
25
(7)
Fur
farming.
26
(8)
Forest
management.
27
(9)
Enrolling
land
in
a
federal
agricultural
commodity
28
payment
program
or
a
federal
or
state
agricultural
land
29
conservation
payment
program,
including
but
not
limited
to
the
30
federal
conservation
reserve
program.
31
(10)
Any
other
use
that
the
department
of
agriculture
and
32
land
stewardship,
by
rule,
identifies
as
an
agricultural
use.
33
c.
“Litigation
expenses”
means
the
sum
of
the
costs,
34
disbursements,
and
expenses,
including
reasonable
attorney,
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430
expert
witness,
and
engineering
fees
necessary
to
prepare
for
1
or
participate
in
an
action
in
which
an
agricultural
use
or
2
agricultural
practice
is
alleged
to
be
a
nuisance.
3
3.
Nuisance
actions.
4
a.
(1)
An
agricultural
use
or
an
agricultural
practice
5
shall
not
be
found
to
be
a
nuisance
if
all
of
the
following
6
apply:
7
(a)
The
agricultural
use
or
agricultural
practice
alleged
8
to
be
a
nuisance
is
conducted
on,
or
on
a
public
right-of-way
9
adjacent
to,
land
that
was
in
agricultural
use
without
10
substantial
interruption
before
the
plaintiff
began
the
use
of
11
property
that
the
plaintiff
alleges
was
interfered
with
by
the
12
agricultural
use
or
agricultural
practice.
13
(b)
The
agricultural
use
or
agricultural
practice
does
not
14
present
a
substantial
threat
to
public
health
or
safety.
15
(2)
This
paragraph
“a”
applies
without
regard
to
whether
a
16
change
in
agricultural
use
or
agricultural
practice
is
alleged
17
to
have
contributed
to
the
nuisance.
18
b.
In
an
action
in
which
an
agricultural
use
or
an
19
agricultural
practice
is
found
to
be
a
nuisance,
the
following
20
conditions
apply:
21
(1)
The
relief
granted
shall
not
substantially
restrict
or
22
regulate
the
agricultural
use
or
agricultural
practice,
unless
23
the
agricultural
use
or
agricultural
practice
is
a
substantial
24
threat
to
public
health
or
safety.
25
(2)
If
a
court
orders
the
defendant
to
take
any
action
to
26
mitigate
the
effects
of
the
agricultural
use
or
agricultural
27
practice
found
to
be
a
nuisance,
the
court
shall
do
all
of
the
28
following:
29
(a)
Request
public
agencies
having
expertise
in
30
agricultural
matters
to
furnish
the
court
with
suggestions
for
31
practices
suitable
to
mitigate
the
effects
of
the
agricultural
32
use
or
agricultural
practice
found
to
be
a
nuisance.
33
(b)
Provide
the
defendant
with
a
reasonable
time
to
take
34
the
action
directed
in
the
court’s
order.
The
time
allowed
for
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the
defendant
to
take
the
action
shall
not
be
less
than
one
1
year
after
the
date
of
the
order
unless
the
agricultural
use
or
2
agricultural
practice
is
a
substantial
threat
to
public
health
3
or
safety.
4
(3)
If
a
court
orders
the
defendant
to
take
any
action
to
5
mitigate
the
effects
of
the
agricultural
use
or
agricultural
6
practice
found
to
be
a
nuisance,
the
court
shall
not
order
the
7
defendant
to
take
any
action
that
substantially
and
adversely
8
affects
the
economic
viability
of
the
agricultural
use,
unless
9
the
agricultural
use
or
agricultural
practice
is
a
substantial
10
threat
to
public
health
or
safety.
11
4.
Costs.
The
court
shall
award
litigation
expenses
to
12
the
defendant
in
any
action
in
which
an
agricultural
use
or
13
agricultural
practice
is
alleged
to
be
a
nuisance
if
the
14
agricultural
use
or
agricultural
practice
is
not
found
to
be
a
15
nuisance.
The
litigation
expenses
shall
be
taxed
as
part
of
16
the
costs
of
the
action.
17
EXPLANATION
18
This
bill
limits
the
right
to
bring
a
nuisance
action
19
involving
an
agricultural
use
or
agricultural
practice.
20
The
bill
includes
a
provision
declaring
the
importance
21
of
agricultural
production
and
use
of
modern
agricultural
22
technology.
The
bill
provides
for
agricultural
uses
and
23
practices
associated
with
those
uses,
which
include
a
range
of
24
activities
associated
with
crop
and
animal
production.
The
25
bill
provides
that
an
agricultural
use
or
practice
is
not
a
26
nuisance
under
two
conditions:
(1)
the
defendant’s
use
or
27
practice
predates
the
plaintiff’s
use;
and
(2)
the
defendant’s
28
use
or
practice
does
not
present
a
substantial
threat
to
public
29
health
or
safety.
The
conditions
apply
without
regard
to
30
whether
there
has
been
a
change
in
the
use
or
practice.
31
The
bill
provides
a
number
of
restrictions
upon
a
court
32
which
orders
relief
if
a
nuisance
is
found.
The
court
cannot
33
substantially
restrict
the
use
or
practice
unless
the
nuisance
34
is
a
substantial
threat
to
the
public
health
or
safety.
It
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must
consult
with
agencies
having
an
expertise
in
agricultural
1
matters.
It
must
provide
the
defendant
with
a
reasonable
time
2
to
take
the
action,
which
cannot
be
less
than
a
year.
Finally,
3
the
court
cannot
order
a
defendant
to
take
any
action
that
4
substantially
and
adversely
affects
the
economic
viability
of
5
the
agricultural
use,
unless
there
is
a
substantial
threat
to
6
public
health
or
safety.
7
The
bill
provides
that
if
the
defendant
in
such
a
nuisance
8
action
prevails,
the
court
must
award
the
defendant
litigation
9
expenses,
including
attorney
fees
and
fees
of
expert
witnesses.
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