Alabama Statewide Rule
Alabama Right to Farm Nuisance Protection Law
Key Facts
- One year operation
- One year operation threshold for protection
- Code 6-5-127 governs
- Code 6-5-127 governs farm nuisance defense
- Protects from changed-conditions
- Protects from changed-conditions lawsuits
- Operation must be
- Operation must be lawfully conducted
Summary
Alabama Code Section 6-5-127 protects established farms from nuisance lawsuits when surrounding non-agricultural land use changes, supporting long-term agricultural operations.
Section 6-5-127. Nuisance Exceptions; Right of Action for Pollution of Waters, Etc.; Relation to Municipal Ordinances. (a) No agricultural, manufacturing, or other industrial plant or establishment, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum that is owned by a nonprofit organization and has a building and collection on display which together have a minimum value of at least one million dollars ($1,000,000), or any of its appurtenances or the operation thereof shall be or become a nuisance, private or public, by any changed conditions in and about the locality thereof after the same has been in operation for more than one year during which such plant, facility, establishment, farming operation facility, or racetrack, its appurtenances or the operation thereof has not been found by a court of competent jurisdiction to be a nuisance; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.
Full Breakdown
Code of Alabama Section 6-5-127 provides that no agricultural, manufacturing, or industrial operation in existence for more than one year shall be deemed a nuisance due to changed conditions in the surrounding area. The Right to Farm protection applies when the operation is conducted in compliance with applicable laws and was not a nuisance at its inception. The statute encourages investment in long-term farm operations and discourages residential developers and new neighbors from suing established farms over typical sounds, smells, or dust.
Violations & Penalties
Nuisance suits against compliant established farms are barred under the Right to Farm statute.
Frequently Asked Questions
Can neighbors sue an established farm for noise?
Does this protect newly built farms?
Sources
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