HB 1582 Summary

• Expands the definition of "agricultural operation" to include land zoned for agricultural use and adds aquaculture to the list of covered activities.

• Requires courts to enter a finding of permanent nuisance if a plaintiff prevails in a second nuisance action against the same defendant for the same nuisance after a prior final judgment in the plaintiff's favor.

• Prohibits courts from ordering mitigation measures for agricultural operation nuisances that would substantially and adversely affect the operation's economic viability, unless the nuisance creates a substantial threat to public health or safety.

• Limits nuisance damages to the decrease in fair market value of the plaintiff's property caused by the nuisance.

• Removes the requirement that an agricultural or industrial operation would not have been a nuisance when it began; protects operations in continuous operation for more than one year with no significant change in type from nuisance liability.

• Removes certain policy statement provisions concerning agricultural operations and nuisance suits.

• Effective July 1, 2013.