Virginia SB 567: Agricultural operations; nuisance.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18102062D

SENATE BILL NO. 567 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact � 3.2-302 of the Code of Virginia, 
 relating to agricultural operations; nuisance. 
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Patrons-- Obenshain, Stuart, Chafin, Dance, Hanger, Lewis, Mason, Ruff, 
Stanley and Suetterlein 

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Referred to Committee on Agriculture, Conservation and Natural Resources 

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Be it enacted by the General Assembly of Virginia:

1. That � 3.2-302 of the Code of Virginia is amended and 
 reenacted as follows:

� 3.2-302. When agricultural operations do not constitute 
 nuisance.

A. No agricultural operation or any of its appurtenances shall 
 be or become a nuisance, private or public, if such operations are conducted in accordance 
 substantial compliance with 
 existing any applicable 
 best management practices in use by the 
 operation at the time of the alleged nuisance and comply with existing any 
 applicable laws and regulations of the Commonwealth relevant to the alleged nuisance. No action shall 
 be brought by any person against any agricultural operation the existence of 
 which was known or reasonably knowable when that person's use 
 or occupancy of his property began.

The provisions of this section 
 shall apply to any nuisance claim brought against any party that has a business 
 relationship with the agricultural operation that is the subject of the alleged 
 nuisance. The provisions of this section shall not apply whenever a nuisance results from the negligent or 
 improper operation of any such agricultural operation or its appurtenances to any action for negligence or any tort other 
 than a nuisance.

For the purposes of 
 this subsection, "substantial compliance" 
 means a level of compliance with applicable best management practices, laws, or 
 regulations such that any identified deficiency did not cause a nuisance that 
 created a significant risk to human health or safety. Agricultural operations 
 shall be presumed to be in substantial compliance absent a contrary showing.

B. The provisions of subsection A shall not affect or defeat 
 the right of any person to recover damages for any injuries or damages 
 sustained by them on account of any pollution of, or change in condition of, 
 the waters of any stream or on the account of any overflow of lands of any such 
 person.

C. Only persons with an 
 ownership interest in the property allegedly affected by the nuisance may bring 
 an action for private nuisance. Any 
 compensatory damages awarded to any person for a private nuisance action not 
 otherwise prohibited by this section, where the alleged nuisance emanated from 
 an agricultural operation, shall be measured as follows:

1. For a permanent 
 nuisance, by the reduction in fair m