§ 4-44-201 — Defenses in nuisance actions.

(1) It is a defense in a civil action for nuisance against an agricultural operation that:

(1)(a) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;
(1)(b) the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; or
(1)(c) the action is filed more than one year after:
(1)(c)(i) the establishment of the agricultural operation; or
(1)(c)(ii) the agricultural operation undergoes a fundamental change.
(2) This section may not be construed to invalidate any contract made before May 14, 2019.
(3) In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to:

(3)(a) the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or
(3)(b) the plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.
(4) A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.

Legislative History

Enacted by Chapter 81, 2019 General Session