Sections 47-9-1 through 47-9-7 NMSA 1978 may be cited as the “Right to Farm Act”. History: Laws 1981, ch. 287, § 1; 1991, ch. 129, § 1. ANNOTATIONS The 1991 amendment, effective June 14, 1991, substituted “Sections 47-9-1 through 47-9-7 NMSA 1978” for “This act”.
The purpose of the Right to Farm Act is to conserve, protect, encourage, develop and improve agricultural land for the production of agricultural products and to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance. History: Laws 1981, ch. 287, § […]
A. Any agricultural operation or agricultural facility is not, nor shall it become, a private or public nuisance by any changed condition in or about the locality of the agricultural operation or agricultural facility if the operation was not a nuisance at the time the operation began and has been in existence for more than […]
The Right to Farm Act shall not invalidate any contracts made prior to the enactment of that act but shall be applicable only to contracts and agreements after the effective date of that act. This section shall not be construed to invalidate or supercede land uses and related powers of counties and municipalities. History: Laws […]
As used in the Right To Farm Act: A. “agricultural facility” includes but is not limited to any land, building, structure, pond, impoundment, appurtenance, machinery or equipment that is used for the commercial production or processing of crops, livestock, animals, poultry, honey bees, honey bee products, livestock products, poultry products or products that are used […]
The provisions of the Right to Farm Act do not affect or defeat the right of a person to recover damages from injuries or damages sustained by him because of the pollution of, or change in the condition of, waters of a stream or because of an overflow on his lands. History: 1978 Comp., § […]
If a court determines that any action alleging that an agricultural operation is a nuisance is frivolous, the court may award reasonable costs and attorneys’ fees to the defendant. History: 1978 Comp., § 47-9-7, enacted by Laws 1991, ch. 129, § 5. ANNOTATIONS Severability. — Laws 1991, ch. 129, § 6 provided for the severability […]
