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AZ SB1224

Bill

Status

Introduced

1/20/2021

Primary Sponsor

Sine Kerr

Click for details

Origin

Senate

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • Repeals and replaces Arizona Revised Statutes section 3-112 to establish new protections for agricultural operations against nuisance lawsuits.

  • Creates a rebuttable presumption that agricultural operations on farmland are not public or private nuisances, which can only be overcome by evidence of violations of applicable federal, state, or local laws.

  • Restricts nuisance actions to legal property possessors within one-half mile of the agricultural operation, and requires suits to be filed within one year of when the operation is established.

  • Requires courts to award costs and reasonable attorney fees to agricultural operations found not to be nuisances, and caps compensatory damages based on property value diminution (permanent nuisance) or rental value reduction (temporary nuisance).

  • Prohibits punitive damages unless the agricultural operation has been subject to a criminal conviction or civil enforcement action by environmental regulators within three years prior to the nuisance action.

  • Declares agricultural nuisance regulation a statewide concern and voids any municipal ordinances that classify agricultural operations as nuisances or provide for their abatement.

Legislative Description

Agricultural operations; nuisance liability.

Repeal

Last Action

Senate majority caucus: Do pass

3/2/2021

Committee Referrals

Rules1/21/2021
Natural Resources, Energy and Water1/20/2021

Full Bill Text

No bill text available