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AZ HB2372

Bill

Status

Introduced

1/20/2021

Primary Sponsor

Tim Dunn

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • Nuisance actions against agricultural operations on farmland are restricted to plaintiffs who are legal property owners within one-half mile of the operation and must be filed within one year of the operation's establishment.

  • Creates a rebuttable presumption that agricultural operations on farmland are not public or private nuisances, which cannot be overcome except by evidence that the operation violates applicable federal, state, or local laws or regulations.

  • Presumes agricultural operations are not nuisances despite changes in ownership, size, temporary cessation of operations, participation in government programs, use of new technology, or changes in agricultural products produced.

  • If a court finds an agricultural operation is not a nuisance, the court must award costs and attorney fees to the agricultural operation; compensatory damages (if nuisance is found) are limited to property value reduction for permanent nuisances or rental value diminution for temporary nuisances.

  • Prohibits punitive damages in nuisance actions unless the agricultural operation had a criminal conviction or civil enforcement action by a state or federal environmental agency within three years before the lawsuit.

  • Declares that regulation of agricultural operations as nuisances is a matter of statewide concern, voiding any municipal ordinances that classify agricultural operations as nuisances.

Legislative Description

Agricultural operations; nuisance; liability

Repeal

Last Action

House Committee of the Whole action: Retained on the Calendar

2/23/2021

Committee Referrals

Rules1/21/2021
Land, Agriculture and Rural Affairs1/20/2021

Full Bill Text

No bill text available