Loading chat...

CO HB1141

Bill

Status

Failed

2/15/2022

Primary Sponsor

Richard Holtorf

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Requires plaintiffs filing private nuisance actions against agricultural operations to occupy property within 2,640 feet of the operation.

  • 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.

  • Changes attorney fees and court costs awards to only prevailing agricultural operations, rather than any prevailing party in nuisance actions.

  • 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.

  • 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

Committee Referrals

Judiciary2/4/2022

Full Bill Text

No bill text available