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HB 564: RIGHT TO FARM & OPERATIONS AS NUISANCE

An Act Relating To Property; Amending Sections Of The Right To Farm Act To Protect Agricultural Operations Or Facilities From Nuisance Claims; Providing Guidance For Compensatory Damages.

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MILD HB 564
RIGHT TO FARM & OPERATIONS AS NUISANCE

Legislative URL:
HB 564 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SJC
Action:
[15] HAWC/HJC-HAWC [16] DP-HJC [28] DP/a [33] PASSED/H (35-29) [30] SCONC/SJC-SCONC [39] w/o rec-SJC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HAWC Committee Report
HJC Committee Report
Final House Vote
SCONC Committee Report
Fiscal Impact Report

Related Events

Upcoming:
Summary

This bill amends sections of the Right to Farm Act to protect agricultural operations or facilities from nuisance claims.

 

It provides that a local government resolution of ordinance making an agricultural facility or operation a nuisance will not apply to an agricultural operation that was established prior to the date of adoption of the resolution or ordinance. And it limits the exclusive compensatory damages that may be awarded to a plaintiff for an alleged nuisance to:

  • the reduction in the fair market value of the plaintiff’s property caused by such nuisance; or,
  • if the nuisance is temporary, to the lesser of
  • the diminution in fair rental value of the plaintiff’s property caused by such nuisance; or
  • the reasonable cost to repair or mitigate any injury to the plaintiff caused by such nuisance.

 

Finally, the bill provides that no person will have standing to bring an action for a private nuisance regarding an agricultural operation or facility unless the person has an ownership interest in the property affected by the nuisance.

 

On March 4th the House Judiciary Committee amended HB 564 by:

  • reinstating and restating language deleted in the original bill, to now provide that, “The provisions of the Right to Farm Act do not affect or defeat the right of a person to recover actual damages from injuries or actual damages sustained by the person because of the acts or omissions of an agricultural operation”; and by
  • clarifying that the act’s references to damages to a plaintiff’s property apply only to the plaintiff’s real property.

 

A possible concern regarding this bill might be the increased difficulty of holding the owners of agricultural operations or facilities responsible if their operations or facilities constitute a nuisance.