HB 051: RIGHT TO FARM NUISANCE CHANGES

An Act Relating To Agriculture; Amending The Right To Farm Act To Prevent Certain Agricultural Operations Or Agricultural Facilities From Being Found To Be A Nuisance.

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MILD HB 051
RIGHT TO FARM NUISANCE CHANGES

Legislative URL:

HB 051 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

Signed

Action:

HPREF [2] HAGC/HJC-HAGC [9] DP-HJC [13] DP - PASSED/H (67-0) [11] SCONC/SJC-SCONC- DP-SJC [15] DP [17] PASSED/S (41-0) SGND BY GOV (Mar. 6) Ch. 22.

Issue(s):

General Interest

Related Legislators

Bill Sponsor:

Yvette Herrell

Related Documents

Downloads:

Introduced
HAGC Committee Report
HJC Committee Report
Final House Vote
SCONC Committee Report
SJC Committee Report
Final Senate Vote
Fiscal Impact Report
Final Version

Summary

New Mexico’s current Right to Farm Act provides that an agricultural operation or facility is 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, and has been in existence for more than one year. The law provides one exception. It will not apply whenever the operation or facility is operated negligently, improperly or illegally. The bill amends the act by removing the word “improperly” so that only negligent or illegal operations cause the protection provided by this law not to apply.

A possible benefit of the bill might be that the new wording would provide greater clarity and certainty for farmers as they pursue changes to their facilities. “Improperly” might be seen by some as a somewhat vague term.

One potential drawback might be that removing the word “improperly” may decrease the chances of finding an operation liable for activity that is not negligence or illegality but still pollutes.

This bill is for the Interim Water and Natural Resources Committee.

Date of Summary:  1/20/2014

Outcome: 

HB 51 passed the House (67-0) and the Senate (41-0), and was signed by the Governor on March 6th 2014.

Updated 7/31/14