Article 57.
Nuisance Liability of
Agricultural and Forestry Operations.
§ 106‑700. Legislative determination and
declaration of policy.
It is the declared policy of
the State to conserve and protect and encourage the development and improvement
of its agricultural land and forestland for the production of food, fiber, and
other products. When other land uses extend into agricultural and forest areas,
agricultural and forestry operations often become the subject of nuisance
suits. As a result, agricultural and forestry operations are sometimes forced
to cease. Many others are discouraged from making investments in farm and
forest improvements. It is the purpose of this Article to reduce the loss to
the State of its agricultural and forestry resources by limiting the
circumstances under which an agricultural or forestry operation may be deemed
to be a nuisance. (1979, c. 202, s. 1; 1991 (Reg. Sess., 1992),
c. 892, s. 1.)
§ 106‑701. When agricultural and forestry
operation, etc., not constituted nuisance by changed conditions in locality.
(a)
No agricultural or forestry operation or any of its appurtenances shall be or
become a nuisance, private or public, by any changed conditions in or about the
locality thereof after the same has been in operation for more than one year,
when such operation was not a nuisance at the time the operation began;
provided, that the provisions of this subsection shall not apply whenever a
nuisance results from the negligent or improper operation of any such agricultural
or forestry operation or its appurtenances.
(b)
For the purposes of this Article, "agricultural operation" includes,
without limitation, any facility for the production for commercial purposes of
crops, livestock, poultry, livestock products, or poultry products.
(b1)
For the purposes of this Article, "forestry operation" shall mean
those activities involved in the growing, managing, and harvesting of trees,
but not sawmill operations.
(c)
The provisions of subsection (a) shall not affect or defeat the right of any
person, firm, or corporation to recover damages for any injuries or damages
sustained by him on account of any pollution of, or change in condition of, the
waters of any stream or on the account of any overflow of lands of any such
person, firm, or corporation.
(d)
Any and all ordinances of any unit of local government now in effect or
hereafter adopted that would make the operation of any such agricultural or
forestry operation or its appurtenances a nuisance or providing for abatement
thereof as a nuisance in the circumstance set forth in this section are and
shall be null and void; provided, however, that the provisions of this
subsection shall not apply whenever a nuisance results from the negligent or
improper operation of any such agricultural or forestry operation or any of its
appurtenances. Provided further, that the provisions shall not apply whenever a
nuisance results from an agricultural or forestry operation located within the
corporate limits of any city at the time of enactment hereof.
(e)
This section shall not be construed to invalidate any contracts heretofore made
but insofar as contracts are concerned, it is only applicable to contracts and
agreements to be made in the future. (1979, c. 202, s. 1;
1991 (Reg. Sess., 1992), c. 892, s. 1.)
§§ 106‑702 through 106‑705. Reserved for
future codification purposes.