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Nuisance Protection Law Unconstitutional, Neil E. Harl, Charles F. Curtiss
Nuisance Protection Law Unconstitutional, Neil E. Harl, Charles F. Curtiss
Neil E. Harl
In late September, the Iowa Supreme Court declared unanimously that an Iowa statute providing protection against nuisance suits for agricultural operations is "flagrantly" unconstitutional. The lawsuit involved the Iowa agricultural areas statute that allows counties to designate agricultural areas of at least 300 contiguous acres. Farming operations conducted within such a designated area are not subject to nuisance lawsuits if they are operated properly.