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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1457 By: Patzkowsky
AS INTRODUCED
An Act relating to nuisances; amending 50 O.S. 2021,
Section 1.1, which relates to agricultur al activities
as nuisances; providing that the growing, cultivating
or production of medical marijuana is not considered
as agriculture activities; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 50 O.S. 2021, Section 1.1, is
amended to read as follows:
Section 1.1 A. As used in this sect ion:
1. "Agricultural activities " includes, but is not limited to,
the growing or raising of horticultural and viticultural crops,
berries, poultry, livestock, aq uaculture, grain, min t, hay, dairy
products and forestry activities. "Agricultural activitie s" 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 d esigned 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
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the expansion is part of the same operating facility, the expansion
need not be contiguous. Agricultural activities does not include
the growing, cultivating , or production of medical marijuana;
2. "Farmland" includes, but is not limited to, land devoted
primarily to production of livestock or agricultural commodities .
Farmland does not include land or grow facilities d evoted to the
growing, cultivating, or production of medical marijuana; and
3. "Forestry activity" means any activity associated with the
reforesting, growing, managing, protecting and harvesting of timbe r,
wood and forest products including, but not limited to, f orestry
buildings and structures.
B. Agricultural activities conducted on farm or ranch land, if
consistent with good agricultural practices and established prior to
nearby nonagricultural activi ties, are presumed to be reasonable and
do not constitute a nuisance unless the activity has a substan tial
adverse effect on the public health and safety.
If that agricultural activity is undertaken in conformity with
federal, state and local laws and regu lations, 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 th e date on which
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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 f arm or ranch of a
previously established date of operation if:
1. The physical facilities of the farm or ranch are
subsequently expanded or new technolog y adopted;
2. The farming or ranching is interrupted for no more than
three (3) years; or
3. The farm or ranch participates in a government -sponsored
agricultural program .
D. In any action for nuisance brought against agricultural
activities on farm or ranch land pursuant to this section:
1. The court or jury s hall determine the amount of noneconomic
damages separately from the amount of compensation for all other
damages; and
2. Noneconomic damages awarded to a plaintiff shall not exceed
three times the amount of compensatory damages or Two Hundred Fifty
Thousand Dollars ($250,000.00), whichever amoun t is greater.
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 determin ed by the court to
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have been reasonably incurred in connection with defending the
action, together with reasonable attorney fees.
F. This section does no t relieve agricultural activities of the
duty to abide by state and federal laws, including, but not l imited
to, the Oklahoma Concentrated Animal Feeding Operations Act and the
Oklahoma Registered Poultry Feeding Operations Act.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7089 JL 01/05/23