Oklahoma 2024 Regular Session

Oklahoma House Bill HB1457 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1457 By: Patzkowsky
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38	38	AS INTRODUCED
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40	40	An Act relating to nuisances; amending 50 O.S. 2021,
41	41	Section 1.1, which relates to agricultur al activities
42	42	as nuisances; providing that the growing, cultivating
43	43	or production of medical marijuana is not considered
44	44	as agriculture activities; and providing an effective
45	45	date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 50 O.S. 2021, Section 1.1, is
52	52	amended to read as follows:
53	53	Section 1.1 A. As used in this sect ion:
54	54	1. "Agricultural activities " includes, but is not limited to,
55	55	the growing or raising of horticultural and viticultural crops,
56	56	berries, poultry, livestock, aq uaculture, grain, min t, hay, dairy
57	57	products and forestry activities. "Agricultural activitie s" also
58	58	includes improvements or expansion to the activities provided for in
59	59	this paragraph including, but not limited to, new technology, pens,
60	60	barns, fences, and other improvements d esigned for the sheltering,
61	61	restriction, or feeding of animal or aquatic life, for storage of
62	62	produce or feed, or for storage or maintenance of implements. If
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89	89	the expansion is part of the same operating facility, the expansion
90	90	need not be contiguous. Agricultural activities does not include
91	91	the growing, cultivating , or production of medical marijuana;
92	92	2. "Farmland" includes, but is not limited to, land devoted
93	93	primarily to production of livestock or agricultural commodities .
94	94	Farmland does not include land or grow facilities d evoted to the
95	95	growing, cultivating, or production of medical marijuana; and
96	96	3. "Forestry activity" means any activity associated with the
97	97	reforesting, growing, managing, protecting and harvesting of timbe r,
98	98	wood and forest products including, but not limited to, f orestry
99	99	buildings and structures.
100	100	B. Agricultural activities conducted on farm or ranch land, if
101	101	consistent with good agricultural practices and established prior to
102	102	nearby nonagricultural activi ties, are presumed to be reasonable and
103	103	do not constitute a nuisance unless the activity has a substan tial
104	104	adverse effect on the public health and safety.
105	105	If that agricultural activity is undertaken in conformity with
106	106	federal, state and local laws and regu lations, it is presumed to be
107	107	good agricultural practice and not adversely affecting the public
108	108	health and safety.
109	109	C. No action for nuisance shall be brought against agricultural
110	110	activities on farm or ranch land which has lawfully been in
111	111	operation for two (2) years or more prior to the date of bringing
112	112	the action. The established date of operation is th e date on which
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139	139	an agricultural activity on farm or ranch land commenced. The
140	140	established date of operation for each change is not a separately
141	141	and independently established date of operation and commencement of
142	142	the expanded activity does not divest the f arm or ranch of a
143	143	previously established date of operation if:
144	144	1. The physical facilities of the farm or ranch are
145	145	subsequently expanded or new technolog y adopted;
146	146	2. The farming or ranching is interrupted for no more than
147	147	three (3) years; or
148	148	3. The farm or ranch participates in a government -sponsored
149	149	agricultural program .
150	150	D. In any action for nuisance brought against agricultural
151	151	activities on farm or ranch land pursuant to this section:
152	152	1. The court or jury s hall determine the amount of noneconomic
153	153	damages separately from the amount of compensation for all other
154	154	damages; and
155	155	2. Noneconomic damages awarded to a plaintiff shall not exceed
156	156	three times the amount of compensatory damages or Two Hundred Fifty
157	157	Thousand Dollars ($250,000.00), whichever amoun t is greater.
158	158	E. In any action for nuisance in which agricultural activities
159	159	are alleged to be a nuisance, and which action is found to be
160	160	frivolous or malicious by the court, the defendant shall recover the
161	161	aggregate amount of costs and expenses determin ed by the court to
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188	188	have been reasonably incurred in connection with defending the
189	189	action, together with reasonable attorney fees.
190	190	F. This section does no t relieve agricultural activities of the
191	191	duty to abide by state and federal laws, including, but not l imited
192	192	to, the Oklahoma Concentrated Animal Feeding Operations Act and the
193	193	Oklahoma Registered Poultry Feeding Operations Act.
194	194	SECTION 2. This act shall become effective November 1, 2023.
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196	196	59-1-7089 JL 01/05/23