US Lawyer Database

§ 43-26-102. Chapter Definitions

As used in this chapter, unless the context otherwise requires: “Farm” means the land, buildings, and machinery used in the commercial production of farm products and nursery stock as defined in § 70-8-303; “Farm operation” means a condition or activity that occurs on a farm in connection with the commercial production of farm products or […]

§ 43-26-103. Farms Presumed Not Nuisances

It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: The farm operation, based on expert testimony, does […]