March 18, 2005
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
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
February 18, 2005, re-engrossed.
February 24, 2005, read third time, passed. Yeas 31, nays 18.
March 8, 2005, read first time and referred to Committee on Agriculture and Rural
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
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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
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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
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 267
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
(3) (2) The operation would not have been a nuisance at the time
the agricultural or industrial operation began on that locality.