Tennessee § 43-26-103 Farms presumed not nuisances

Tennessee Statutes

§ 43-26-103 — Farms presumed not nuisances

Tennessee § 43-26-103

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This text of Tennessee § 43-26-103 (Farms presumed not nuisances) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 43-26-103 (2026).

Text

(a)It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either:

(1)The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or (2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.

(b)[Deleted by 2019 amendment.]

(c)[Deleted by 2019 amendment.]

(d)[Deleted by 2019 amendment.]

(e)[Deleted by 2019 amendment.]

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(a) It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: (1) The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or (2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation. (b) [Deleted by 2019 amendment.] (c) [Deleted by 2019 amendment.] (d) [Deleted by 2019 amendment.] (e) [Deleted by 2019 amendment.]

Legislative History

Amended by 2019 Tenn. Acts, ch. 87,s 7, eff. 4/4/2019. Amended by 2017 Tenn. Acts, ch. 369,s 2, eff. 5/11/2017. Amended by 2016 Tenn. Acts, ch. 891,s 2, eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 728,s 1, eff. 4/7/2016. Amended by 2014 Tenn. Acts, ch. 916,s 5, eff. 7/1/2014. Acts 1982, ch. 609, § 3; 2002, ch. 604, § 1.