See what is happening with non-profits around Alaska. With bill, smells, sounds are not grounds for a lawsuit. The Legislature passed a bill Friday aimed at protecting farmers from nuisance lawsuits. The bill, which the House passed Friday by a vote of 30-9, would protect farms that have been in operation for more than three years from lawsuits filed by neighboring property owners who are bothered by the noises, smells, smoke and other discomforts that may result from farm operations. The Senate had previously approved the bill.
People think they have the right to change what the long-standing landowner has been doing.
The bill amends state law to say that an agricultural facility is not a private nuisance if the governing body of the local soil and water conservation district has determined that operations are consistent with the local soil conservation plan. The bill also requires that real estate disclosure statements for the transfer of property must include information about nearby agricultural operations. The measure does not release farms from liability resulting from illegal or negligent conduct or flooding caused by agricultural operations. Rep. Beth Kerttula, D-Juneau, voted against the bill, noting that forestry, timber harvesting, manufacturing and processing operations were included under the definition of agricultural operations. But Rep. John Harris, R-Valdez, said that provision was included to enable farmers to create logs and boards from trees cut down to clear land.