Senate Judiciary committee straw poll favors S.45 to shift burden in farm nuisance suits

The Senate Judiciary Committee signaled support Wednesday for S.45, a bill that would change Vermont’s right-to-farm protections by placing the burden of proof in nuisance and trespass suits involving agricultural activities on the person bringing the claim. Committee members reported a 5–0 straw-poll vote in favor of moving the bill forward.

The bill’s sponsor, Senator Norris, told the committee the measure "proposes to amend the protection against nuisance suits for agricultural activities under the Vermont right to farm law by providing that an agricultural activity shall now be a nuisance or trespass when the activity complies with generally accepted agricultural practices." He said the draft before the committee was seven pages long and that any additional amendments were expected to be minimal.

The bill would require a…