§ 2-4-107 — Operation not to become nuisance

(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began. (b) (1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (A) Change in ownership or size; (B) Nonpermanent cessation or interruption of farming; (C) Participation in any government-sponsored agricultural program; (D) Employment of new technology; or (E) Change in the type of agricultural product produced. (c) (1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation: (A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and (B) Employs methods or practices that are commonly or reasonably associated with agricultural production. (2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance. (d) The court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party in any action brought to assert that an agricultural operation is a public or private nuisance. (e) The burden of proof in actions brought under this chapter is on the party who brings an action against an agricultural operation.

Legislative History

Amended by Act 2023, No. 367,§ 1, eff. 8/1/2023. Acts 1981, No. 301, § 3; A.S.A. 1947, § 34-122; Acts 2005, No. 2257, § 5.