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AZ HB2372
Bill
Status
1/20/2021
Primary Sponsor
Tim Dunn
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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.
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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