657.11A Animal agriculture — promotion of responsible animal feeding operations. 1. a. Findings. The general assembly finds that important public interests are advanced by preserving and encouraging the expansion of responsible animal agricultural productionin this state which provides employment opportunities in and economic growth for rural Iowa,contributes tax revenues to the state and to local communities, and protects our valuablenatural resources. b. Purpose. The purpose of this section is to encourage persons involved in animal agriculture to adopt existing prudent and generally utilized management practices for theiranimal feeding operations, thereby enhancing the fundamental role of animal agriculturein this state by providing a reasonable level of protection to persons engaged in animalagricultural production from certain types of nuisance actions. c. Declaration. The general assembly has balanced all competing interests and declares its intent to preserve and enhance responsible animal agricultural production, specificallyanimal agricultural producers in this state who use existing prudent and generally utilizedmanagement practices reasonable for their animal feeding onsible animal agricultural production, specificallyanimal agricultural producers in this state who use existing prudent and generally utilizedmanagement practices reasonable for their animal feeding operations. 2. Except as otherwise provided by this section, an animal feeding operation, as defined in section 459.102, found to be a public or private nuisance under this chapter or underprinciples of common law, or found to interfere with another person’s comfortable useand enjoyment of the person’s life or property under any other cause of action, shall beconclusively presumed to be a permanent nuisance and not a temporary or continuingnuisance under principles of common law, and shall be subject to compensatory damagesonly as provided in subsection 3. 3. Compensatory damages awarded to a person bringing an action alleging that an animal feeding operation is a public or private nuisance, or an interference with the person’scomfortable use and enjoyment of the person’s life or property under any other cause ofaction, shall not exceed the following: a. The person’s share of compensatory property damages due to any diminution in the fair market value of the person’s real property rty under any other cause ofaction, shall not exceed the following: a. The person’s share of compensatory property damages due to any diminution in the fair market value of the person’s real property proximately caused by the animal feedingoperation. The fair market value of the real property is deemed to equal the price that abuyer who is willing but not compelled to buy and a seller who is willing but not compelledto sell would accept for the real property. The person’s share of any compensatory propertydamages must be based on the person’s share of the ownership interest in the real property.For purposes of this section, ownership interest means holding legal or equitable title to realproperty in fee simple, as a life estate, or as a leasehold interest. b. The person’s compensatory damages due to the person’s past, present, and future adverse health condition. This determination shall be made utilizing only objective anddocumented medical evidence that the nuisance or interference with the comfortable useand enjoyment of the person’s life or property was the proximate cause of the person’sadverse health condition. c. ocumented medical evidence that the nuisance or interference with the comfortable useand enjoyment of the person’s life or property was the proximate cause of the person’sadverse health condition. c. The person’s compensatory special damages proximately caused by the animal feeding operation, including without limitation, annoyance and the loss of comfortable use andenjoyment of real property. However, the total damages awarded to a person under thisparagraph 'c' shall not exceed one and one-half times the sum of any damages awarded tothe person for the person’s share of the total compensatory property damages awarded underparagraph 'a' plus any compensatory damages awarded to the person under paragraph 'b'. 4. This section shall apply to an animal feeding operation in the same manner as section 657.11, subsections 4 and 5. 5. This section shall not apply if the person bringing the action proves that the public or private nuisance or interference with another person’s comfortable use and enjoyment of theperson’s life or property under any other cause of action is proximately caused by any of thefollowing: a. r private nuisance or interference with another person’s comfortable use and enjoyment of theperson’s life or property under any other cause of action is proximately caused by any of thefollowing: a. The failure to comply with a federal statute or regulation or a state statute or rule which applies to the animal feeding operation. b. The failure to use existing prudent generally utilized management practices reasonable for the animal feeding operation. Sat Dec 23 12:22:46 2023 Iowa Code 2024, Section 657.11A (8, 0) §657.11A, NUISANCES 2 6. This section does not apply to a person during the time in which the person is classified as a habitual violator pursuant to section 459.604. 7. This section does not apply to a cause of action that accrued prior to March 29, 2017.2017 Acts, ch 17, §1, 2 Sat Dec 23 12:22:46 2023 Iowa Code 2024, Section 657.11A (8, 0)
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