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ID H0166
Bill
AI Summary
House Bill 166 Summary
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Expands definition of "agricultural operation" to explicitly include noise, odors, dust, fumes, light and other conditions associated with farming activities, plus selling at farmers markets and participating in government agricultural programs.
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Prohibits agricultural operations, facilities, or expansions operating for more than one year from being declared a nuisance due to surrounding non-agricultural development, except when caused by improper or negligent operation.
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Voids any city, county, or local ordinance that declares an agricultural operation meeting generally recognized practices to be a nuisance or requires closure of such operations.
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Entitles agricultural operation owners or operators who prevail in nuisance lawsuits to recover full costs, expenses, and attorney's fees incurred in the action.
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Exempts agricultural operations from urban renewal "deteriorated area" and "deteriorating area" definitions without owner consent, except for operations unused for three consecutive years.
Legislative Description
Amends and adds to existing law relating to the right to farm to define a term and to revise definitions; to revise provisions providing that a certain operation, facility and expansion are not a nuisance and to revise provisions relating to an exception; to revise provisions relating to local ordinances; to provide provisions relating to nuisance actions and attorney's fees; and to provide for severability.
RIGHT TO FARM
Last Action
to Agric Aff
2/16/2011