657.1 Nuisance — what constitutes — action to abate — electric utility defense. 1. Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere unreasonably withthe comfortable enjoyment of life or property, is a nuisance, and a civil action by ordinaryproceedings may be brought to enjoin and abate the nuisance and to recover damagessustained on account of the nuisance. A petition filed under this subsection shall include thelegal description of the real property upon which the nuisance is located unless the nuisanceis not situated on or confined to a parcel of real property or is portable or capable of beingremoved from the real property. 2. Notwithstanding subsection 1, in an action to abate a nuisance against an electric utility, an electric utility may assert a defense of comparative fault as set out in section 668.3 if theelectric utility demonstrates that in the course of providing electric services to its customersit has complied with engineering and safety standards as adopted by the utilities board, andif the electric utility has secured all permits and approvals, as oviding electric services to its customersit has complied with engineering and safety standards as adopted by the utilities board, andif the electric utility has secured all permits and approvals, as required by state law and localordinances, necessary to perform activities alleged to constitute a nuisance. [C51, §2131 – 2133; R60, §3713 – 3715; C73, §3331; C97, §4302; C24, 27, 31, 35, 39, §12395; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.1] 95 Acts, ch 195, §34; 2004 Acts, ch 1077, §1; 2005 Acts, ch 3, §108; 2010 Acts, ch 1050, §8; 2023 Acts, ch 19, §2698 Subsection 2 amended Sat Dec 23 12:22:41 2023 Iowa Code 2024, Section 657.1 (18, 1)
Iowa Legal Code