Section 929.04 | Defense to civil action for nuisance.
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Effective:
January 1, 1983
Legislation:
House Bill 35 - 114th General Assembly
In a civil action for nuisances involving agricultural activities, it is a complete defense if:
(A) The agricultural activities Were conducted within an agricultural district;
(B) Agricultural activities Were established within the agricultural district prior to the plaintiff's activities or interest on which the action is based;
(C) the plaintiff was not involved in agricultural production; and
(D) The agricultural activities Were not in conflict with federal, state, and local laws and rules relating to the alleged nuisance or were conducted in accordance with generally accepted agriculture practices.
The
plaintiff may offer proof of a violation independently of proof of a violation or conviction by any public official.
Available Versions of this Section
- January 1, 1983 – House Bill 35 - 114th General Assembly [ View January 1, 1983 Version ]
- October 17, 2019 – Amended by House Bill 166 - 133rd General Assembly [ View October 17, 2019 Version ]