Arizona Statewide Rule
Arizona Right to Farm Nuisance Protection Law
Key Facts
- Continuous Operation
- Continuous operation of one year triggers protection
- Minimum
- Covers farming, ranching, dairy, and poultry operations
- Protection Survives
- Protection survives changed surrounding land uses
- Plaintiffs May
- Plaintiffs may owe attorney fees for failed claims
Summary
Arizona's Right to Farm Act in ARS 3-112 protects established agricultural operations from nuisance suits when surrounding land use changes.
Agricultural operations conducted on farmland that are consistent with good agricultural practices and established before surrounding nonagricultural uses are presumed to be reasonable and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety.
Full Breakdown
ARS 3-112 declares it state policy to conserve, protect, and encourage agricultural operations. An agricultural operation that has been in continuous existence for at least one year and was not a nuisance at its start cannot be deemed a nuisance because of changed conditions in the surrounding area. The protection covers farming, ranching, dairying, poultry, and related activities. Plaintiffs in nuisance actions against protected operations may be liable for attorney fees if they fail.
Violations & Penalties
Improper nuisance suits against protected farms can result in awarded attorney fees and costs to the operator.
Frequently Asked Questions
Does Right to Farm cover odors or dust?
Can negligence still be sued?
Sources
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