§19-19-1. Purpose; public policy.
Whereas, Agricultural production of food and fiber is a basic necessity to
sustain human life, and essential to the general welfare and stability of this
state and the citizens thereof, and the continued conduct of the utilization of
land in the conduct of agricultural production, including woodland and forestry
production, is a necessity to the welfare and common good of all of the
citizens of this state; and,
Whereas, The infringement upon agricultural lands and agricultural
operations by other uses and occupancies which are either adverse or
incompatible with the continued agricultural utilization may be of such nature
as to endanger orderly agricultural production, it is hereby declared to be the
public policy of this state that agricultural production and the utilization of
land in agricultural productive operations be protected and preserved.
§19-19-2. Definitions.
For the purposes of this article:
(a) "Agriculture" shall mean the production of
food, fiber and woodland products, by means of cultivation, tillage of the soil
and by the conduct of animal, livestock, dairy, apiary, equine or poultry
husbandry, and the practice of forestry, sylviculture, horticulture, or any
other plant or animal production and all farm practices related, usual or
incidental thereto, including the storage, packing, shipping and marketing, but
not including any manufacturing, milling or processing of such products by
other than the producer thereof.
(b) "Agricultural land" shall mean not less than
five acres of land and the improvements thereupon, used or usable in the
production of food, fiber or woodland products of an annual value of one
thousand dollars or more, by the conduct of the business of agriculture, as
defined in subsection (a) of this section.
§19-19-3. Temporary change of agricultural
operations.
The change of agricultural land use to a differing agricultural use, including
rotation or lying fallow from time to time, shall not constitute abandonment as
agricultural land or limit the change to any other agricultural use.
§19-19-4. Agriculture not adverse;
limitation of actions.
The conduct of agriculture upon agricultural land shall not be deemed adverse
to other use or uses of adjoining or neighboring land, whether such other land
be used or occupied for residential, commercial, business or for governmental,
or any uses other than agricultural. No complaint or right of action shall be
maintained in any court of this state against the owner or operator of
agricultural lands adverse to the conduct of agriculture upon agricultural
lands, unless:
(1) The complainant's use and occupancy of land of the
complainant has existed upon his adjoining or neighboring land before the
agricultural operation complained of upon the agricultural land; and
(2) The conduct of such agricultural operation complained of
has caused or will cause actual physical damage to the person or property of
the owner or occupant of such adjoining or neighboring lands.
§19-19-5. Duties of owner or operator maintained.
Nothing in this article shall be construed to excuse or relieve the owner or
operator of any agricultural lands from any other right or duty as to any other
person or persons, and shall apply only to the right to conduct the practice of
agriculture upon his agricultural lands, and the rights and duties of such
owner or operator shall be in all other respects maintained as to any other
person or persons or entity.
§19-19-6. Liability for damage or
destruction of sylvicultural or agricultural field test crop; damages.
(a) Any person or legal entity who willfully and knowingly damages or destroys,
or allows an instrumentality within his or her control to damage or destroy a
sylvicultural or agricultural field test crop that is grown for personal
purposes, commercial purposes, or for testing or research purposes in the
context of a product development program in conjunction or coordination with a
private research facility or a university or any federal, state or local
government agency, shall be liable for twice the market value of the crop
damaged or destroyed prior to damage or destruction, as determined by a court
of competent jurisdiction, plus interest and reasonable court costs. Where the
damaged or destroyed crops are grown for testing or research purposes, damages
shall also include twice the actual damages relating to production, research,
testing, replacement and crop development costs directly related to the crop
that has been damaged or destroyed.
(b) The rights and remedies available under this section are
in addition to any other rights or remedies otherwise available in law or
statute.
(c) For the purpose of this section, the term
"person" means an individual or any nongovernmental group,
association, corporation or any other nongovernmental entity.