§ 657.1 — Nuisance — what constitutes — action to abate — electric utility defense

Iowa § 657.1

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 657: NUISANCES

Text

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 with
the comfortable enjoyment of life or property, is a nuisance, and a civil action by ordinary
proceedings may be brought to enjoin and abate the nuisance and to recover damages
sustained on account of the nuisance. A petition filed under this subsection shall include the
legal description of the real property upon which the nuisance is located unless the nuisance
is not situated on or confined to a parcel of real property or is portable or capable of being
removed from the real property.
2. Notwithstandingsubsection1,inanactiontoabateanuisanceagainstanelectricutility,
an electric utility may assert a defense of comparative fault as set out in section 668.3 if the
electric utility demonstrates that in the course of providing electric services to its customers
it has complied with engineering and safety standards as adopted by the utilities commission,
and if the electric utility has secured all permits and approvals, as required by state law and
local ordinances, necessary to perform activities alleged to constitute a nuisance.

Legislative History

[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]