Illinois Farm Nuisance Suit Act (740 ILCS 70) shields established farms from nuisance lawsuits when neighbors move in later. Cook County's heavily urbanized landscape leaves limited unincorporated agricultural land subject to the protection.
The Illinois Farm Nuisance Suit Act protects farms in operation more than one year from nuisance suits brought by neighbors who arrived after farming was established, provided the farm has not significantly changed operations. Protection covers odors, dust, noise, and routine agricultural activity. Cook County is largely urban, but pockets of unincorporated land in the southern and northwestern county still operate as working farms or hobby farms. These agricultural operations qualify for the state shield. Cook County does not have a separate county right-to-farm ordinance layered on top. New residential developments adjacent to farmland receive disclosure of nearby agricultural use under state real-estate practice. Disputes generally route through circuit court.
A nuisance lawsuit against a covered farm can be dismissed under 740 ILCS 70 with the plaintiff potentially liable for the farm's attorney fees if the suit is found frivolous or filed against pre-existing operations.
See how Evanston's farm nuisance protection rules stack up against other locations.
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