The Tennessee Right to Farm Act under T.C.A. 43-26-103 protects established farms from nuisance suits when operations existed for at least one year before the complaint.
T.C.A. 43-26-103 establishes that farms and agricultural operations cannot be deemed a public or private nuisance based on changing conditions in the surrounding area if the operation has existed for one year or more and was not a nuisance when it began. Protected operations include crop production, livestock, dairy, poultry, aquaculture, and agritourism activities. The statute encourages preservation of farmland by shielding farmers from lawsuits brought by new neighbors. Operations must comply with applicable environmental and health regulations to retain protection.
Farms operating negligently or in violation of state environmental rules may lose right-to-farm protections and face nuisance liability.
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