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. Notwithstanding subsection 1, in an action to abate a nuisance against an electric utility,
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.
[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]
95 Acts, ch 195, §34; 2004 Acts, ch 1077, §1; 2005 Acts, ch 3, §108; 2010 Acts, ch 1050, §8;
2023 Acts, ch 19, §2698; 2024 Acts, ch 1170, §369
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Notes of Decisions
Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).
“78 In Freeman, we recognized the modern trend to control the environment through the enactment of regulatory statutory regimes.”
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
· cites it 2× “See Iowa Code § 657.1 . Section 657.11 places limitations on such actions when filed against animal feeding operations: 2.”
Martins v. Interstate Power Co., 652 N.W.2d 657 (Iowa 2002).
· cites it 2× “1 defines nuisance and provides for civil remedies: Whatever is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and a civil…”
Miller v. Rohling, 720 N.W.2d 562 (Iowa 2006).
“We apply the following rules and analysis in determining whether one’s use of his property constitutes a nuisance: Whether a lawful business is a nuisance depends on the reasonableness of conducting the business in the manner, at the place, and under the circumstances in…”
Woody v. MacHin, 380 N.W.2d 727 (Iowa 1986).
· cites it 2× “We find no merit in plaintiffs' challenge to the court's order concerning costs.”
Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997).
“Iowa Code § 657.1 (1995). The statutory definition of nuisance does not modify the common-law rules regarding nuisance.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.