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SB 194: NO AGRICULTURE AS A NUISANCE

An Act Relating To Agriculture; Amending A Section Of The Right To Farm Act To Provide That Agriculture May Not Be Deemed A Nuisance.

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MOD SB 194
NO AGRICULTURE AS A NUISANCE

Legislative URL:
SB 194 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[2] SCONC/SJC-SCONC [24] DNP-CS/DP-SJC [44] DP API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCONC Committee Report
SCONC Committee Substitute
SJC Committee Report
Fiscal Impact Report
Summary

New Mexico’s current Right to Farm Act provides that agricultural operations or facilities are not and will not become a “private or public nuisance” (a legal tort claim) because a condition changed in the locality of the operation or facility as long as it:

  • was not a nuisance at the time the operation began,
  • has been in existence for more than one year, and
  • was not operated negligently, improperly or illegally in such a way that it is a nuisance.

 

The bill removes that last requirement so that an operation or facility is not and will not become a nuisance due to a changed condition by meeting only the first two requirements.

 

One possible concern regarding the bill’s lowering of the standard for exemption is that it might cause operations or facilities that are operating negligently, improperly or illegally and that are creating a nuisance to escape liability.

 

The SCONC adopted a Committee Substitute on March 4, 2013 that provides that the law will not apply whenever the changed condition “has a substantial adverse effect on the public health and safety.” It provides that agricultural operations and facilities in compliance with federal, state and local laws are presumed not to adversely affect public health and safety. A benefit of the new language might be that it may provide assurance to farmers who comply with the law that they will not be sued on nuisance grounds while potentially offering some level assurance to the public that activities on a farm will not cause public safety or health problems.

 

This is a companion bill to House Bill 652.

 

Date of Summary:  1/23/2013, Updated 3/5/2013 and 3/7/2013