PART
III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
TITLE
III. REMEDIES RELATING TO REAL PROPERTY
CHAPTER
243. ACTIONS FOR PRIVATE NUISANCES
Chapter 243:
Section 6. Actions against farming operations; limitations
Section 6. No action in nuisance may be maintained
against any person or entity resulting from the operation of a farm or any
ancillary or related activities thereof, if said operation is an ordinary
aspect of said farming operation or ancillary or related activity; provided,
however, that said farm shall have been in operation for more than one year.
This section shall not apply if the nuisance is determined to exist as the
result of negligent conduct or actions inconsistent with generally accepted
agricultural practices. For the purposes of this section, “agriculture” and
“farming” shall be as defined in section one A of chapter one hundred and
twenty-eight.