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§ 954. Limitation on public nuisances

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 P.S. Agriculture

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 3 P.S. Agriculture (Refs & Annos)
Chapter 14B. Protection of Agricultural Operations from Nuisance Suits and Ordinances (Refs & Annos)
3 P.S. § 954
§ 954. Limitation on public nuisances
(a) No nuisance action shall be brought against an agricultural operation which has lawfully been in operation for one year or more prior to the date of bringing such action, where the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation and are normal agricultural operations, or if the physical facilities of such agricultural operations are substantially expanded or substantially altered and the expanded or substantially altered facility has either: (1) been in operation for one year or more prior to the date of bringing such action, or (2) been addressed in a nutrient management plan approved prior to the commencement of such expanded or altered operation pursuant to section 6 of the act of May 20, 1993 (P.L. 12, No. 6),1 known as the Nutrient Management Act, and is otherwise in compliance therewith: Provided, however, That nothing herein shall in any way restrict or impede the authority of this State from protecting the public health, safety and welfare or the authority of a municipality to enforce State law.
(b) The provisions of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries or damages sustained by them on account of any agricultural operation or any portion of an agricultural operation which is conducted in violation of any Federal, State or local statute or governmental regulation which applies to that agricultural operation or portion thereof.

Credits

1982, June 10, P.L. 454, No. 133, § 4, effective in 60 days. Amended 1998, May 15, P.L. 441, No. 58, § 2, effective in 60 days.

Footnotes

3 P.S. § 1706 (repealed); see now, 3 Pa.C.S.A. § 506.
3 P.S. § 954, PA ST 3 P.S. § 954
Current through 2018 Regular Session Act 164 (End)
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