ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: NREW DP 8-1-0-0 | 3^rd Read 27-3-0-0 House: LARA DPA/SE 6-5-0-0

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SB 1448: Arizona department of agriculture; continuation.

S/E agricultural operations; nuisance; costs; damages

Sponsor:  Senator Kerr, LD 13

House Engrossed

Summary of the Strike-Everything Amendment to SB 1448

Overview

Outlines how a court should award costs, expenses and punitive damages in a nuisance action against an agricultural operation conducted on farmland. Prohibits a political subdivision of the state from declaring an agricultural operation a nuisance if its practices are consistent with legal requirements and best practices.

History

Under state law, agricultural operations conducted on farmland (operation) that are consistent with good agricultural practices and established before surrounding non-agricultural uses are presumed to be reasonable and are not considered a nuisance unless they have a substantial, adverse effect on public health and safety. Operations that comply with federal, state and local laws and regulations are presumed to be good agricultural practices and not adversely affecting public health and safety (A.R.S. § 3-112).

Provisions

1. For a nuisance action against an operation:

a) Authorizes a court to award costs and expenses, including reasonable attorney fees, to the prevailing party.

b) Directs a court to award reasonable costs and attorney fees to the other party if it determines that either:

i. The party filing the nuisance action did not do so in good faith;

ii. The action was not grounded in fact or based on law; or

iii. The action was filed for an improper purpose, to cause an unnecessary delay or to increase the litigation costs to the other party.

c) Prohibits the court for awarding punitive damages for a nuisance action unless the alleged nuisance emanated from an operation that has been subject to a criminal conviction or a civil enforcement action taken by a state or federal environmental or health regulatory agency for the conduct alleged to be the source of the nuisance.

d) Specifies that costs and expenses can include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including appeals. (Sec. 1)

2. Forbids a municipality, county, taxing district or other political subdivision from declaring an operation as a nuisance when its practices are lawful, customary, reasonable, safe and necessary to the agricultural industry as they pertain to the operation's practices as determined by the Agricultural Best Management Practices Committee, the Arizona Department of Agriculture or the Arizona Department of Environmental Quality. (Sec. 1)

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6.                   SB 1448

7. Initials PAB           Page 0 House Engrossed

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