Illinois Statewide Rule
Illinois Farm Nuisance Suit Act Protects Established Farms
Key Facts
- Statute
- 740 ILCS 70
- Protection Period
- 1 year of operation
- Exclusions
- Negligence, pollution
- Attorney Fees
- Recoverable
Summary
The Farm Nuisance Suit Act shields established Illinois farms from nuisance lawsuits when the operation predates surrounding non-agricultural land uses by at least one year.
No farm or any of its appurtenances shall be or become a private or public nuisance because of any changed conditions in the surrounding area occurring after the farm has been in operation for more than one year, when such farm was not a nuisance at the time it began operation, provided, that the provisions of this Section shall not apply whenever a nuisance results from the negligent or improper operation of any farm or its appurtenances.
Full Breakdown
The Farm Nuisance Suit Act (740 ILCS 70) provides that no farm or farm operation in existence for one year or more may become a private or public nuisance because of changed conditions in or about the surrounding non-agricultural area, if the farm was not a nuisance when it began. The Act does not protect farms whose operations are negligently or improperly run, or that violate state or federal pollution law. It also expressly provides that local governments may not adopt ordinances that make established farm operations a nuisance.
Violations & Penalties
Plaintiffs filing barred nuisance suits may be liable for the farm operator's reasonable attorney fees and costs of defending the action under Section 70/4.1 of the Act.
Frequently Asked Questions
When does Illinois right-to-farm protection apply?
Are negligently operated farms protected?
Sources
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