§ 1.1. Agricultural activities as nuisance
Oklahoma Statutes AnnotatedTitle 50. NuisancesEffective: November 1, 2019
Effective: November 1, 2019
50 Okl.St.Ann. § 1.1
§ 1.1. Agricultural activities as nuisance
1. “Agricultural activities” includes, but is not 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;
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 effect 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. 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 if:
E. In any action for nuisance in which agricultural activities are alleged to be a nuisance, and which action is found to be frivolous or malicious 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 reasonable attorney fees.
Credits
Laws 1980, c. 189, § 2, eff. Oct. 1, 1980; Laws 2000, c. 300, § 3, emerg. eff. June 5, 2000; Laws 2009, c. 147, § 1, eff. Nov. 1, 2009; Laws 2017, c. 276, § 1, eff. Nov. 1, 2017; Laws 2019, c. 21, § 1, eff. Nov. 1, 2019.
50 Okl. St. Ann. § 1.1, OK ST T. 50 § 1.1
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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