March 18, 2005





ENGROSSED

SENATE BILL No. 267

_____


DIGEST OF SB 267 (Updated March 16, 2005 4:22 pm - DI 14)



Citations Affected: IC 32-30.

Synopsis: Agricultural nuisance actions. Specifies that certain changes to an agriculture operation are not a nuisance.

Effective: July 1, 2005.





Jackman, Hershman, Heinold
(HOUSE SPONSORS _ GUTWEIN, GRUBB, FRIEND)




    January 6, 2005, read first time and referred to Committee on Agriculture and Small Business.
    February 10, 2005, amended, reported favorably _ Do Pass.
    February 14, 2005, read second time, ordered engrossed.
    February 15, 2005, engrossed. Returned to second reading. Reread second time, ordered engrossed.
    February 18, 2005, re-engrossed.
    February 24, 2005, read third time, passed. Yeas 31, nays 18.

HOUSE ACTION

    March 8, 2005, read first time and referred to Committee on Agriculture and Rural Development.
    March 17, 2005, reported _ Do Pass.






March 18, 2005

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 267



    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-30-6-9; (05)ES0267.1.1. -->     SECTION 1. IC 32-30-6-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) This section does not apply if a nuisance results from the negligent operation of an agricultural or industrial operation or its appurtenances.
    (b) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of this section to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
    (c) For purposes of this section, the continuity of an agricultural or industrial operation shall be considered to have been interrupted when

the operation has been discontinued for more than one (1) year.
    (d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if the following conditions exist:
        (1) There is no significant change in the hours of operation.
        (2) (1) There is no significant change in the type of operation. and A significant change in the type of agricultural operation does not include the following:
            (A) The conversion from one type of agricultural operation to another type of agricultural operation.
            (B) A change in the ownership or size of the agricultural operation.
            (C) The:
                (i) enrollment; or
                (ii) reduction or cessation of participation;
            of the agricultural operation in a government program.
            (D) Adoption of new technology by the agricultural operation.

        (3) (2) The operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.