Journal Issue:
Agricultural Law Digest: Volume 6, Issue 14
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In 1995, the Iowa legislature adopted a provision which specifies that a livestock operation is not a nuisance unless it is proved by clear and convincing evidence that: (1) the operation unreasonably and continuously interferes with a person's enjoyment of their life or property; and (2) the injury was caused by the negligent operation of the facility.
It is an article of faith in bankruptcy that secured creditors are entitled to priority and the secured creditor's lien or security interest continues through the bankruptcy process and beyond to provide security for non performance. A 1995 decision by the Seventh Circuit Court of Appeals has raised new concerns as to whether a secured creditor's lien necessarily survives through the bankruptcy process.