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Officials debate changing nuisance standard for agricultural activities
Summary
Participants in an unnamed legislative meeting proposed replacing a "sole cause" requirement with an "approximate cause" standard and discussed removing a requirement for "objective documented medical scientific evidence" in favor of a reasonable-person test when judging whether agricultural activity interferes with neighboring property use.
Officials and staff at an unnamed legislative meeting discussed proposed wording changes to how agricultural activities would be judged in nuisance or interference claims, including replacing a strict "sole cause" requirement with an "approximate cause" standard and shifting from a requirement for "objective documented medical scientific evidence" to a reasonable-person test.
The discussion focused on three draft provisions. A staff speaker recommended that, for one clause, the language read "instead of 'sole cause,' 'approximate cause,' which is a well-known standard in law," adding that "it is admittedly harder to show sole cause than approximate cause." The speaker…
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