537.295. Agricultural operation not to be deemed a nuisance, when--exceptions--costs.
Agricultural operation not to be deemed a nuisance,when--exceptions--costs.
537.295. 1. No agricultural operation or any of itsappurtenances shall be deemed to be a nuisance, private orpublic, by any changed conditions in the locality thereof afterthe facility has been in operation for more than one year, whenthe facility was not a nuisance at the time the operation began.An agricultural operation protected pursuant to the provisions ofthis section may reasonably expand its operation in terms ofacres or animal units without losing its protected status so longas all county, state, and federal environmental codes, laws, orregulations are met by the agricultural operation. Reasonableexpansion shall not be deemed a public or private nuisance,provided the expansion does not create a substantially adverseeffect upon the environment or creates a hazard to public healthand safety, or creates a measurably significant difference inenvironmental pressures upon existing and surrounding neighborsbecause of increased pollution. Reasonable expansion shall notinclude complete relocation of a farming operation by the ownerwithin or without the present boundaries of the farmingoperation; however, reasonable expansion of like kind thatpresently exists, may occur. If a poultry or livestock operationis to maintain its protected status following a reasonableexpansion, the operation must ensure that its waste handlingcapabilities and facilities meet or exceed minimumrecommendations of the University of Missouri extension servicefor storage, processing, or removal of animal waste. Theprotected status of an agricultural operation, once acquired,shall be assignable, alienable, and inheritable. The protectedstatus of an agricultural operation, once acquired, shall not bewaived by the temporary cessation of farming or by diminishingthe size of the operation. The provisions of this section shallnot apply whenever a nuisance results from the negligent orimproper operation of any such agricultural operation or itsappurtenances.
2. As used in this section the term "agricultural operationand its appurtenances" includes, but is not limited to, anyfacility used in the production or processing for commercialpurposes of crops, livestock, swine, poultry, livestock products,swine products or poultry products.
3. The provisions of this section shall not affect or defeatthe right of any person, firm or corporation to recover damagesfor any injuries sustained by it as a result of the pollution orother change in the quantity or quality of water used by thatperson, firm or corporation for private or commercial purposes,or as a result of any overflow of land owned by or in thepossession of any such person, firm or corporation.
4. The provisions of this section shall not apply to anynuisance resulting from an agricultural operation located withinthe limits of any city, town or village on August 13, 1982.
5. In any nuisance action brought in which an agriculturaloperation is alleged to be a nuisance, and which is found to befrivolous by the court, the defendant shall recover the aggregateamount of costs and expenses determined by the court to have beenreasonably incurred in his behalf in connection with the defenseof such action, together with a reasonable amount for attorneysfees.
(L. 1982 S.B. 537 § 1, A.L. 1990 S.B. 686)