The Enid News and Eagle, Enid, OK

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Discussion

May 13, 2009

Law protects ag operations against nuisance suits

By Robert Barron, Staff Writer

Urbanization of some rural areas has caused tension between some agriculture producers and their neighbors, and proponents of a law recently signed by Gov. Brad Henry said it will provide legal protections against lawsuits ruled frivolous against Oklahoma farmers and ranchers.

House Bill 1482, by state Rep. Dale Dewitt, R-Braman and state Sen. Ron Justice, R-Chickasha, makes it illegal to file a nuisance lawsuit against any agriculture producer for improving facilities if the farm has been in operation for at least two years.

Dewitt said Wednesday producers have been sued if they built a barn that obstructs the view of a neighbor. The legislation protects producers if they want to expand or build, or for odors or dust. Producers often are subject to nuisance lawsuits, he said, and the bill gives them protection by reversing court costs if the complaint is ruled frivolous.

“Somebody can live on a property for years and they put up a new barn and the neighbors claim it obstructs their view. They can keep the land-owner in court and paying legal fees. In this bill if it is frivolous the complainant must pay for it,” Dewitt said.

Dewitt said those lawsuits discourage in-vestment in rural Oklahoma and he hopes the new law will allow farmers to maintain and improve barns, pens, storage sheds and other facilities without having to worry someone will file a lawsuit. Even frivolous lawsuits discourage investment in rural Oklahoma, Dewitt said in a statement.

Garfield County OSU Ag Educator Jeff Bedwell said common complaints against producers are dust, odor and noise.

“Tractor noise, dirt that occurs during farming operations, smell with regard to confined operations, mostly closer to metro areas, in cases of smell or odor, close to hog or feedlot operations are the most common complaints,” Bedwell said.

The intent of the law is for individuals who move from town into the country to understand those agricultural practices are occurring around them and accept them.

“Their moving in does not constitute a need for agricultural practices to change,” Bedwell said.

In some precedents, lawsuits have been filed regarding odor and dust. He said people who have implemented practices outlined by the Oklahoma Department of Agriculture have not been found liable. Bedwell called it common sense.

“If people move to the country they must accept there will be some of those things,” he said.

Urbanization of rural areas is the problem, Bedwell said. The state is just beginning to have an accumulation of issues in areas where urban sprawl is encroaching on production agriculture.

The same is true when urban areas encroach on wildlife and residents have problems with animals.

“We must learn to get along with our neighbors, whether they are wildlife or agriculture producers,” he said.

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