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House Bill 1582


 

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House Bill 1582

ARCHIVE (2013)

Latest Information

 
DIGEST OF INTRODUCED BILL

Nuisance actions. Amends the definitions of "agricultural operation" and "locality" for purposes of the laws governing nuisance actions. Provides that if a plaintiff has already prevailed in a nuisance action against a defendant and the plaintiff prevails in a subsequent nuisance action against the defendant, the court must enter a finding of a permanent nuisance. Provides that in a successful nuisance case against an agricultural operation, the court may not order the agricultural operation to mitigate the effects of the nuisance if the mitigation would substantially and adversely affect the economic viability of the agricultural operation, unless the agricultural operation's nuisance is creating a substantial threat to the public health or safety. Provides that the damages awarded for a nuisance action are limited to the decrease in the fair market value of the plaintiff's property caused by the nuisance. Removes certain policy statement provisions concerning agricultural operations and nuisance suits. Provides that an agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance if the operation has been continuous for more than one year and there is no significant change in the type of operation. (Current law requires that the operation has been continuously on the locality for more than one year if there is no significant change in the type of operation.) Removes a provision that provides that an agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance if the operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.
Current Status:
 In Committee - first House
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