Agricultural and industrial operations; findings; continuity of
operations; circumstances in which nuisance does not exist
Sec. 9. (a) This section does not apply if a nuisance results from
the negligent operation of an agricultural or industrial operation or
its appurtenances.
(b) The general assembly declares that it is the policy of the state
to conserve, protect, and encourage the development and
improvement of its agricultural land for the production of food and
other agricultural products. The general assembly finds that when
nonagricultural land uses extend into agricultural areas, agricultural
operations often become the subject of nuisance suits. As a result,
agricultural operations are sometimes forced to cease operations, and
many persons may be discouraged from making investments in farm
improvements. It is the purpose of this section to reduce the loss to
the state of its agricultural resources by limiting the circumstances
under which agricultural operations may be deemed to be a nuisance.
(c) For purposes of this section, the continuity of an agricultural
or industrial operation shall be considered to have been interrupted
when the operation has been discontinued for more than one (1) year.
(d) An agricultural or industrial operation or any of its
appurtenances is not and does not become a nuisance, private or
public, by any changed conditions in the vicinity of the locality after
the agricultural or industrial operation, as the case may be, has been
in operation continuously on the locality for more than one (1) year
if the following conditions exist:
(1) There is no significant change in the type of operation. A
significant change in the type of agricultural operation does not
include the following:
(A) The conversion from one type of agricultural operation
to another type of agricultural operation.
(B) A change in the ownership or size of the agricultural
operation.
(C) The:
(i) enrollment; or
(ii) reduction or cessation of participation;
of the agricultural operation in a government program.
(D) Adoption of new technology by the agricultural
operation.
(2) The operation would not have been a nuisance at the time
the agricultural or industrial operation began on that locality.
As added by P.L.2-2002, SEC.15. Amended by P.L.23-2005, SEC.1.
Last modified: May 24, 2006