Print Friendly HOUSE BILL NO. 598 – Right to farm action, atty fees
HOUSE BILL NO. 598
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
]]]] 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
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
Name: Idaho Grain Producers Association
Idaho Farm Bureau
STATEMENT OF PURPOSE/FISCAL NOTE H 598