ARKANSAS CODE OF 1987
TITLE 2. AGRICULTURE
SUBTITLE 1. GENERAL PROVISIONS
CHAPTER 4. AGRICULTURAL OPERATIONS AS NUISANCES
It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land and other facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm or other agricultural improvements. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
As used in this chapter, unless the context otherwise requires, "agricultural facility" or "facility" means, but is not limited to, any plant, facility, structure, or establishment used for the feeding, growing, production, holding, processing, storage, or distribution for commercial purposes of crops, livestock, poultry, swine, or fish, or products derived from any of them.
2-4-103 Applicability to contracts.
This chapter shall not be construed to invalidate any contracts heretofore made, but insofar as contracts are concerned shall be applicable only with respect to contracts and agreements made subsequent to March 3, 1981.
2-4-104 Nonapplicable to certain facilities.
This chapter shall not apply to an agricultural facility which materially changes its character of operation or materially increases the size of its physical plant.
2-4-105 Local ordinances void.
Any and all ordinances adopted by any municipality or county in which an agricultural facility is located making or having the effect of making the operation of any agricultural facility or its appurtenances a nuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in this chapter are void and shall have no force or effect.
2-4-106 Actions for injuries or damages not affected.
The provisions of this chapter shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of or change in the condition of the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.
2-4-107 Facility not to become nuisance.
An agricultural facility, its appurtenances, or the operation thereof shall not be or become a nuisance, private or public, as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the facility, its appurtenances, or the operation thereof was not a nuisance at the time the operation began.
Enacted in 1981.
Reviewed by AAHS in June 2001.
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