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HOUSE BILL NO. 598

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Bill Status

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H0598...............................................by AGRICULTURAL AFFAIRS
RIGHT TO FARM - Amends existing law relating to the right to farm to
provide for the award of reasonable costs and attorney's fees to
agricultural operations that prevail in actions alleging nuisance.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 598
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE RIGHT TO FARM; AMENDING SECTION 22-4503, IDAHO CODE,  TO  PRO-
  3        VIDE FOR THE AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES TO AGRICULTURAL
  4        OPERATIONS THAT PREVAIL IN ACTIONS ALLEGING NUISANCE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 22-4503, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        22-4503.  AGRICULTURAL OPERATION NOT A NUISANCE -- EXCEPTION -- ATTORNEY'S
  9    FEES AND COSTS. (1) No agricultural operation or an appurtenance to  it  shall
 10    be  or  become  a nuisance, private or public, by any changed conditions in or
 11    about the surrounding nonagricultural activities after the same  has  been  in
 12    operation for more than one (1) year, when the operation was not a nuisance at
 13    the  time  the  operation began; provided, that the provisions of this section
 14    shall not apply whenever a nuisance results from  the  improper  or  negligent
 15    operation of any agricultural operation or an appurtenance to it. In the event
 16    of  an  alleged  nuisance resulting from agricultural operations pursuant to a
 17    federal or state  environmental  permit  or  caused  by  a  violation  of  the
 18    permit(s),  terms  or conditions, the affected party shall seek enforcement of
 19    the terms of the permit.
 20        (2)  In the event an agricultural operation prevails in an action alleging
 21    its operation constitutes a private or public nuisance, the court shall  award
 22    reasonable attorney's fees and costs to the agricultural operation.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15898

Urbanization has caused the loss of farmland in a number of areas
in Idaho.  Urbanization and the potential for more lawsuits
against agriculture for noise, dust, odors, and other associated
activities threaten the existence of agriculture in Idaho.  This
legislation will prevent further loss of Idaho farm ground. 
Because of lawsuits questioning approved farming practices, a
farmer or rancher may be entitled to recover their expense in
defense of nuisance suits, according to the Right To Farm
Statute.



                           FISCAL NOTE





Contact
Name: Idaho Grain Producers Association 
Phone: 208-345-0706
Idaho Farm Bureau
208-342-2688


STATEMENT OF PURPOSE/FISCAL NOTE                         H 598