SB 229: RIGHT TO FARM ACT NUISANCE LAWSUITS

An Act Relating To Agriculture; Amending The Right To Farm Act To Clarify That Operating An Agricultural Operation Or Facility In Conformity With Federal Laws Shall Not Be Declared A Nuisance.

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MOD SB 229
RIGHT TO FARM ACT NUISANCE LAWSUITS

Legislative URL:

SB 229 on nmlegis.gov

Emergency Clause:

No

Germane:

Yes

Location:

SJC

Action:

[2] SCC/SCONC/SCORC/SJC-SCC [5]germane-SCONC [10] DP-SCORC- w/drn-SJC API.

Issue(s):

General Interest

Related Legislators

Bill Sponsor:

Phil Griego

Related Documents

Downloads:

Introduced
SCC Committee Report
Fiscal Impact Report
SCONC Committee 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.

It contains the exception that this law will not apply if the operation was “operated negligently, improperly or illegally in such a way that it is a nuisance.”

The bill removes that exception and adds “recovery for private nuisance is not allowed against any agricultural operation or agricultural facility if negligence or other theory of recovery is available.”

The bill also provides that if the agricultural operation or facility substantially complies with federal law, no local government law making an agricultural operation or facility a nuisance will apply.

A possible concern regarding the bill might be that it could be seen as making it easier for farms to escape liability for private nuisance claims. A question might be whether that relaxation is warranted or whether the stricter current law is necessary to protect the public from nuisance activities.

A potential benefit of the bill’s language might be that it may provide greater assurance to farmers that they will not be sued as easily as under current law.

This is not a companion bill to HB 51 at this time.

Date of Summary:  1/30/2014

Outcome:

SB 229 died in the Senate Judiciary Committee.

Updated 7/31/14