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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
agricultural operations; nuisance liability.
Purpose
Repeals and replaces the process and circumstances under which a person may file a nuisance action against an agricultural operation on farmland. Outlines authorized costs, expenses and compensatory damages awarded by the court in a nuisance action.
Background
Under current statute, agricultural operations are presumed to be reasonable and do not constitute a nuisance if the operations are on farmland, are consistent with good agricultural practices and the operations were established prior to surrounding nonagricultural uses, unless the operations have a substantial adverse effect on public health and safety.
Additionally, agricultural operations are presumed to be good agricultural practice that does not adversely affect public health and safety if the operations conform to federal, state and local laws and regulations (A.R.S. § 3-112).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the filing of a nuisance action against an agricultural operation unless:
a) the plaintiff is the legal possessor of the affected real property;
b) the affected real property is located within one-half mile of the source of the activity or structure alleged to be a nuisance; and
c) the action is brought within one year after establishment of the agricultural operation, regardless of the operation's change in ownership, size, agricultural practice or product produced.
2. Creates a rebuttable presumption that an agricultural operation conducted on farmland is not a public or private nuisance, notwithstanding that the agricultural operation:
a) changes its ownership or size;
b) temporarily ceases or interrupts its farming operations;
c) participates in any government-sponsored agricultural program; diminution
d) uses new technology; or
e) changes the type of agricultural product produced.
3. Allows a person to overcome the presumption that an agricultural operation conducted on farmland is not a public or private nuisance, by a preponderance of evidence, only if the agricultural operation is in violation of applicable federal, state or local laws or regulations.
4. Directs the court to award costs and expenses, including reasonable attorney fees, to the agricultural operation if the court finds, in a nuisance action against an agricultural operation conducted on farmland, that the agricultural operation is not a nuisance.
5. Authorizes the court to award compensatory damages to a plaintiff action if the court finds that an alleged nuisance emanated from the agricultural operation:
a) in an amount measured by the reduction in the fair market value of the plaintiff’s property caused by the nuisance, not to exceed the fair market value of the property, if the nuisance is a permeant nuisance; and
b) limited to the diminution of the fair rental value of the plaintiff’s property to a plaintiff action, if the nuisance is a temporary nuisance.
6. Prohibits the court from awarding punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action taken by a state or federal environmental regulatory agency pursuant to a notice of violation within the preceding three years.
7. Declares that the circumstances under which agricultural operations conducted on farmland may be regulated or considered to be a nuisance as a matter of statewide concern and any municipal ordinance that contradicts this legislation or provides for an abatement of agricultural operations as a nuisance are void and have no force or effect.
8. Contains a statement of legislative findings.
9. Makes conforming changes.
10. Becomes effective on the general effective date.
Prepared by Senate Research
January 25, 2021
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