Lawmakers debate language, burden of proof in proposed agricultural nuisance bill

Conference committee members from Vermont’s Agriculture and Judiciary panels met to reconcile competing versions of a bill that would change how courts treat nuisance claims against farms, focusing on shifting the burden of proof, defining "generally accepted agricultural practices" and excising a trespass provision.

The matter matters to farmers and neighbors because the proposed changes would make it harder for plaintiffs to obtain nuisance remedies unless they can show specific regulatory noncompliance or a heightened showing beyond ordinary nuisance, lawmakers said.

Lawmakers said the version the House sent to the conference committee was a compromise intended to produce a bill that could pass both chambers. "The bill that we passed is the compromised bill that we can get through," said David Durfee, chair of the House Agriculture Committee from Shaftesbury, summarizing the House position and urging a timely conference report.

Senators from agricultural districts pressed for clarity on several retained and removed…