Missouri Statewide Rule
Missouri Right to Farm Nuisance Protections
Key Facts
- Rsmo 537.295
- RSMo 537.295 protects established farms from nuisance lawsuits
- Compensatory Damages
- Compensatory damages are capped at fair market value reduction
- Plaintiffs
- Plaintiffs must own property within one mile of the operation
- Article Section
- Article I, Section 35 enshrines a right to farm and ranch
- Operations Violating
- Operations violating state or federal law lose protection
Summary
Missouri RSMo 537.295 shields established agricultural operations from most nuisance lawsuits, codifying a constitutional right to farm and limiting damages available against compliant farms and ranches.
1. No agricultural operation or any of its appurtenances shall be deemed to be a nuisance, private or public, by any changed conditions in the locality thereof after the facility has been in operation for more than one year, when the facility was not a nuisance at the time the operation began. An agricultural operation protected pursuant to the provisions of this section may reasonably expand its operation in terms of acres or animal units without losing its protected status so long as all county, state, and federal environmental codes, laws, or regulations are met by the agricultural operation. Reasonable expansion shall
Full Breakdown
RSMo 537.295 provides that no agricultural operation in lawful operation for more than one year shall become a nuisance due to changed conditions in or around the locality. The statute caps compensatory damages at the reduction in fair market value of the affected property and limits punitive damages, attorney fees, and successive nuisance suits, requiring claimants to be the legal owner of property within one mile. Missouri voters also enshrined a right to farm and ranch in Article I, Section 35 of the state constitution in 2014. Together, the statutory and constitutional protections create one of the strongest right-to-farm regimes in the country. Operations that change substantially or violate state or federal law lose the protection.
Violations & Penalties
Plaintiffs filing nuisance suits against protected farms face dismissal and recovery limits. Farms violating environmental or zoning law lose statutory protection and may face standard nuisance liability and regulatory penalties.
Frequently Asked Questions
Can neighbors sue a Missouri farm for odor or noise?
What is Missouri's constitutional right to farm?
Sources
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