Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that authorizes protections for farmers and agricultural operations from frivolous lawsuits that might delay or halt farming operations.

Highlights:

• Requires that if an action is brought against a plaintiff and their agricultural land with no reasonable ground then the costs of the action may be assessed to the plaintiff (Sec. 1). 

• Prohibits an agricultural operation from being declared a nuisance after 1 year in operation (Sec. 2). 

• Authorizes agricultural operations to expand and not lose their protected status (Sec. 2). 

• Specifies that the protected status does not apply if a nuisance results form negligent or improper conduct (Sec. 2). 

• Defines agricultural operations (Sec. 3). 

• Specifies that the compensatory damages that may be awarded based on the following (Sec. 4): 

• Compensatory damages are measured by the reduction in the fair market value of the plaintiff’s property if due to a permanent nuisance claim;

• If based on a temporary nuisance claim, compensatory damages are limited to the reduction in the fair rental value of the property. 

• Specifies that a plaintiff may not recover damages unless the following requirements are met for a nuisance action(Sec. 5): 

• The nuisance is substantially the same that was subject to a civil enforcement judgment or criminal conviction taken by state government prior;

• The conviction was within 3 years of the first nuisance action. 

• Specifies that  a nuisance action may not be filed against an agricultural operation unless the plaintiff is the owner or lessee of the real property affected by the conditions alleged to be a nuisance (Sec. 7). 

• Specifies that an agricultural operation may not be held liable for nuisance unless the plaintiff proves by evidence that the claim is based on conduct that does not comply with state, federal, or local laws (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes protections for farmers and agricultural operations from frivolous lawsuits that might delay or halt farming operations.

Highlights:

• Requires that if an action is brought against a plaintiff and their agricultural land with no reasonable ground then the costs of the action may be assessed to the plaintiff (Sec. 1). 

• Prohibits an agricultural operation from being declared a nuisance after 1 year in operation (Sec. 2). 

• Authorizes agricultural operations to expand and not lose their protected status (Sec. 2). 

• Specifies that the protected status does not apply if a nuisance results form negligent or improper conduct (Sec. 2). 

• Defines agricultural operations (Sec. 3). 

• Specifies that the compensatory damages that may be awarded based on the following (Sec. 4): 

• Compensatory damages are measured by the reduction in the fair market value of the plaintiff’s property if due to a permanent nuisance claim;

• If based on a temporary nuisance claim, compensatory damages are limited to the reduction in the fair rental value of the property. 

• Specifies that a plaintiff may not recover damages unless the following requirements are met for a nuisance action(Sec. 5): 

• The nuisance is substantially the same that was subject to a civil enforcement judgment or criminal conviction taken by state government prior;

• The conviction was within 3 years of the first nuisance action. 

• Specifies that  a nuisance action may not be filed against an agricultural operation unless the plaintiff is the owner or lessee of the real property affected by the conditions alleged to be a nuisance (Sec. 7). 

• Specifies that an agricultural operation may not be held liable for nuisance unless the plaintiff proves by evidence that the claim is based on conduct that does not comply with state, federal, or local laws (Sec. 7).

Full Bill Text