Section 201 – Defenses in nuisance actions.

Effective 5/14/2019 4-44-201. Defenses in nuisance actions. (1) It is a defense in a civil action for nuisance against an agricultural operation that: (a) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance; (b) the real property affected by the conditions alleged to be […]

Section 202 – Application of other statutes — Ordinances.

Effective 5/14/2019 4-44-202. Application of other statutes — Ordinances. (1) (a) In a civil action for nuisance or a criminal action for public nuisance under Section 76-10-803, it is a defense if the action involves agricultural operations and those agricultural operations are conducted in the normal and ordinary course of agricultural operations or conducted in […]