ENROLLED HOUSE
BILL NO. 1482	By:	DeWitt, Martin (Steve), Peterson and Fields of the House

				and

		Justice and Sparks of the Senate

 An Act relating to nuisances; amending 50 O.S. 2001, Section 1.1, which relates to agricultural activities; modifying definitions; prohibiting nuisance action against agricultural activities on certain lands; providing for established date of operation of agricultural activities on certain lands; providing for recovery of certain costs and fees in specific circumstance in actions for nuisance; clarifying scope of act; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     50 O.S. 2001, Section 1.1, is amended to read as follows:

Section 1.1  A.  As defined used in this act section:

1.  "Agricultural activities" shall include includes, but is not be limited to, the growing or raising of horticultural and viticultural crops, berries, poultry, livestock, aquaculture, grain, mint, hay, dairy products and forestry activities.  “Agricultural activities” also includes improvements or expansion to the activities provided for in this paragraph including, but not limited to, new technology, pens, barns, fences, and other improvements designed for the sheltering, restriction, or feeding of animal or aquatic life, for storage of produce or feed, or for storage or maintenance of implements.  If the expansion is part of the same operating facility, the expansion need not be contiguous;

2.  "Farmland" shall include includes, but is not be limited to, land devoted primarily to production of livestock or agricultural commodities; and

3.  “Forestry activity” means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including, but not limited to, forestry buildings and structures.

B.  Agricultural activities conducted on farm or ranch land, if consistent with good agricultural practices and established prior to nearby nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance unless the activity has a substantial adverse affect on the public health and safety.

If that agricultural activity is undertaken in conformity with federal, state and local laws and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety.

C.  No action for nuisance shall be brought against agricultural activities on farm or ranch land which has lawfully been in operation for two (2) years or more prior to the date of bringing the action.  The established date of operation is the date on which an agricultural activity on farm or ranch land commenced activity.  If the physical facilities of the agricultural activity or the farm or ranch are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and commencement of the expanded activity does not divest the farm or ranch of a previously established date of operation.

D.  In any action for nuisance in which agricultural activities are alleged to be a nuisance, and which action is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in connection with defending the action, together with a reasonable amount for attorney fees.

E.  This section does not relieve agricultural activities of the duty to abide by state and federal laws, including, but not limited to, the Oklahoma Concentrated Animal Feeding Operations Act and the Oklahoma Registered Poultry Feeding Operations Act.

SECTION 2.  This act shall become effective November 1, 2009.

Passed the House of Representatives the 4th day of May, 2009.

	
Presiding Officer	of the House
	of Representatives

Passed the Senate the 7th day of April, 2009.

	
Presiding Officer 	of the Senate