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Bill would let Idaho farmers recover attorney fees and impose penalties for repeat meritless nuisance complaints
Summary
Senate Bill 1033 would add enforcement teeth to Idaho’s Right to Farm Act by permitting prevailing agricultural operators to recover reasonable attorney fees and by penalizing repeat meritless complaints filed with state agencies or local law enforcement.
Senate Bill 1033, presented to the Idaho Senate Agricultural Committee, would allow agricultural operators who prevail in nuisance lawsuits to recover reasonable attorney fees and would impose graduated penalties for repeated meritless complaints filed with state agencies or local law enforcement.
Senator Todd Lakey (R‑District 23), sponsor of the bill, said Idaho’s Right to Farm Act (codified at Title 22, Chapter 45 of the Idaho Code) was enacted in the 1980s to shield lawfully conducted agricultural operations from nuisance litigation and complaints. “The Right to Farm Act has been around for more than 40 years,” Lakey said, and he described a growing “ag‑urban interface” that has brought more people into proximity with farming operations and, in his view, a…
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