§165-1 Findings and purpose. The legislature finds that when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture. The legislature also finds that under the Hawaii State Planning Act, […]
§165-2 Definitions. As used in this chapter, unless the context otherwise requires: “Farming operation” means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the […]
§165-3 Declaration of public purpose. The preservation and promotion of farming is declared to be in the public purpose and deserving of public support. [L 1982, c 256, pt of §1]
§165-4 Right to farm. No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. There shall be a rebuttable presumption that a farming operation does not constitute a nuisance. […]
§165-5 Frivolous lawsuits. Any nuisance action, found to be frivolous by the court, in which a farming operation is alleged to be a nuisance as defined in section 165-2, shall be governed by section 607-14.5. [L 1993, c 162, pt of §1] Cross References Vexatious litigants, see chapter 634J.
§165-6 Liberal construction. This chapter is remedial in nature and shall be liberally construed to effectuate its purposes. [L 1993, c 162, pt of §1]
