This text of Iowa § 715E.5 (Injunctive relief — harassment due to use of remotely piloted aircraft) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A person who is the owner or lessee of a homestead or farmstead may petition the
district court to obtain an order for a temporary injunction to prevent the respondent from
using any remotely piloted aircraft equipped with a surveillance device, if a preponderance of
evidence indicates that the respondent is harassing the petitioner by controlling the flight of
the remotely piloted aircraft over the person’s homestead or farmstead in violation of section
715E.3or715E.4. Thecourtshallgrantthetemporaryinjunctionfornotmorethantwoyears.
The court may continue the injunction upon a petition filed by the petitioner with the court
prior to the order’s expiration.
2.If a court grants an order for a temporary injunction under subsection 1, the court
may award the petitioner court costs, reasona
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1. A person who is the owner or lessee of a homestead or farmstead may petition the
district court to obtain an order for a temporary injunction to prevent the respondent from
using any remotely piloted aircraft equipped with a surveillance device, if a preponderance of
evidence indicates that the respondent is harassing the petitioner by controlling the flight of
the remotely piloted aircraft over the person’s homestead or farmstead in violation of section
715E.3or715E.4. Thecourtshallgrantthetemporaryinjunctionfornotmorethantwoyears.
The court may continue the injunction upon a petition filed by the petitioner with the court
prior to the order’s expiration.
2. If a court grants an order for a temporary injunction under subsection 1, the court
may award the petitioner court costs, reasonable attorney fees, and expenses related to the
petitioner’s investigation and adjudication of the case, which shall be taxed as part of the
costs of the action.
3. a. Except as provided in paragraph “b”, a court shall order that any person holding
a retrievable image, sound, or data recorded in violation of this section destroy the image,
sound, or data, including any copy of such image, sound, or data.
b. (1) A person may claim an ownership interest in a retrievable image, sound, or data
recorded in violation of this section, to the extent that any of the following apply:
(a) The person is an individual who may be identified in the recording. A parent or
guardian of the individual may claim the ownership interest on behalf of the individual.
(b) The person is the owner of a farm animal, farm equipment, or a farm structure that
may be identified in the recording.
(c) The person is an owner of the land or an improvement to land having unique physical
characteristics that may be identified in the recording.
(2) A person cannot claim an ownership interest in a retrievable image, sound, or data
that includes an image, sound, or data that may identify another individual, a farm animal,
farm equipment, or a farm structure owned by another person, or land or an improvement
owned by another person, unless that other individual or person consents.