Louisiana Statewide Rule
Louisiana Right to Farm Nuisance Protection Law
Key Facts
- Statute
- La. R.S. 3:3603 codifies protection
- Protection Timeline
- Operations protected after one year
- Covered Operations
- Crops, livestock, aquaculture
- Practice Standard
- Requires accepted farming practices
- Local Rules
- Cannot override nuisance rules
Summary
Louisiana's Right to Farm Law shields established agricultural operations from nuisance lawsuits when they predate complaining neighbors and follow generally accepted agricultural practices.
B. No agricultural operation shall be deemed to be a nuisance in any action brought under the provisions of Civil Code Article 669, R.S. 33:361, R.S. 40:14, or any other grant of authority authorizing the suppression or regulation of public or private nuisances if the agricultural operation is conducted in accordance with generally accepted agricultural practices or traditional farm practices, and any one of the following applies: (1) The person bringing the action acquired the interest in the land or improvements alleged to be affected by the nuisance after the date on which an agricultural operation was in existence. (2) The agricultural operation was established prior to any change in the character of the property in the vicinity of the agricultural operation. (3) The agricultural operation has existed for one year or more and the conditions or circumstances alleged to constitute a nuisance have existed substantially unchanged since the established date of operation.
Full Breakdown
La. R.S. 3:3603 provides that no agricultural operation in existence for one year or more becomes a nuisance due to changed surrounding conditions if it was not a nuisance at the time it began. The statute covers crop production, livestock, dairy, poultry, aquaculture, and forestry. Operations must comply with applicable laws and use generally accepted agricultural management practices. Local nuisance ordinances cannot override the statutory shield.
Violations & Penalties
Plaintiffs filing barred nuisance suits may face dismissal and award of costs; municipalities enforcing inconsistent ordinances may be enjoined under the state law.
Frequently Asked Questions
What is Louisiana's Right to Farm Law?
Can a city sue a farm for odors?
Sources
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