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CO HB1141
Bill
Status
2/15/2022
Primary Sponsor
Richard Holtorf
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AI Summary
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Requires plaintiffs filing private nuisance actions against agricultural operations to occupy property within 2,640 feet of the operation.
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Restricts punitive damages in nuisance actions unless the agricultural operation violated specific environmental laws (Articles 6.5, 7, 8, 10, 12, 15, 16.5, or 18.5 of Title 25), the nuisance arises from that violation, and the action is brought within one year of the violation finding.
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Changes attorney fees and court costs awards to only prevailing agricultural operations, rather than any prevailing party in nuisance actions.
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Requires state, county, municipal, or city and county governments to pay reasonable compensation to agricultural operation owners for loss of agricultural use when a government-filed nuisance action results in court injunction stopping agricultural production on land used for agriculture for 10+ years.
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Takes effect 90 days after final adjournment of the general assembly, subject to possible referendum petition and voter approval in November 2022; applies to actions filed on or after the effective date.
Legislative Description
Nuisance Suits Agricultural Operations
Last Action
House Committee on Judiciary Postpone Indefinitely
2/15/2022