42-04 Agricultural Operations as Nuisances
Download pdf
Loading PDF...
<![CDATA[CHAPTER 42-04AGRICULTURAL OPERATIONS AS NUISANCES42-04-01.Agricultural operation defined.As used in this chapter, "agriculturaloperation" means the science and art of producing plants and animals useful to people, by a<br>corporation or a limited liability company as allowed under chapter 10-06.1, or by a corporation or<br>limited liability company, a partnership, or a proprietorship, and includes the preparation of these<br>products for people's use and the disposal of these products by marketing or other means. The<br>term includes livestock auction markets and horticulture, floriculture, viticulture, forestry, dairy,<br>livestock, poultry, bee, and any and all forms of farm products, and farm production.42-04-02. Agricultural operation deemed not nuisance. An agricultural operation isnot, nor shall it become, a private or public nuisance by any changed conditions in or about the<br>locality of such operation after it has been in operation for more than one year, if such operation<br>was not a nuisance at the time the operation began, except that the provisions of this section<br>shall not apply when a nuisance results from the negligent or improper operation of any such<br>agricultural operation.42-04-03. Recovery for water pollution, condition, or overflow. The provisions ofsection 42-04-02 shall not affect or defeat the right of any person to recover damages for any<br>injury or damage sustained by the person on account of any pollution of or change in the<br>condition of the waters of any stream or on account of any overflow of lands of any such person.42-04-04. Effect on local ordinances. Any ordinance or resolution of any unit of localgovernment that makes the operation of any agricultural operation a nuisance or provides for the<br>abatement thereof as a nuisance under the circumstances set forth in this chapter is void, except<br>that the provisions of this section shall not apply when a nuisance results from the negligent or<br>improper operation of any such agricultural operation or from an agricultural operation located<br>within the corporate limits of any city as of July 1, 1981.42-04-05. Effect on contracts. This chapter shall not be construed to invalidate anycontracts made prior to the enactment of this chapter, but, insofar as contracts are concerned, it<br>is only applicable to contracts and agreements to be made on or after July 1, 1981.Page No. 1Document Outlinechapter 42-04 agricultural operations as nuisances]]>