Lawmakers debate standard for proving agricultural nuisance in S25 language

Participants reviewing draft language for the S25 community project debated how narrowly courts should require proof that agricultural activities interfere with neighboring property.

A proposed edit would replace a requirement that an agricultural activity be the "sole cause" of harm with a "proximate cause" standard and would remove the phrase "based upon objective documented medical scientific evidence," replacing it with language that a "reasonable person would find that the agricultural activity was a proximate cause of the noxious and significant interference with the use and enjoyment of the neighboring property." Speaker 2, Unidentified speaker, proposed the change, saying the proximate-cause…