Iowa Statewide Rule
Iowa Right to Farm Nuisance Protection Law
Key Facts
- Authority
- Iowa Code 657.11 protects qualifying farms
- Rule
- Plaintiffs must prove negligence or violation
- Limit
- Court rulings limited some immunity claims
- Authority
- Statute applies to animal feeding operations
Summary
Iowa Code 657.11 protects qualifying animal feeding operations and farms from most nuisance suits unless plaintiffs prove specified statutory exceptions.
An animal feeding operation, as defined in section 459.102, shall not be found to be a public or private nuisance under this chapter or under principles of common law, and the animal feeding operation shall not be found to interfere with another person's comfortable use and enjoyment of the person's life or property under any other cause of action. However, this section shall not apply if the person bringing the action proves that an injury to the person or damage to the person's property is proximately caused by either of the following:
Full Breakdown
Iowa Code section 657.11 declares that animal feeding operations are not a public or private nuisance and provides farmers immunity from most nuisance lawsuits when operating in compliance with federal and state law. The statute requires plaintiffs to prove the operation unreasonably and substantially interferes with use of land, that the injury results from negligent operation, or that statutory standards were violated. The Iowa Supreme Court limited the law's reach in cases including Gacke v. Pork Xtra and Honomichl v. Valley View Swine, allowing certain neighbor claims to proceed.
Violations & Penalties
Plaintiffs must satisfy statutory exception elements; otherwise nuisance suits are barred and may be dismissed with costs.
Frequently Asked Questions
Does Iowa right-to-farm law block all nuisance lawsuits?
What activities qualify for protection?
Sources
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