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Committee backs bill to add penalties, fee recovery for meritless nuisance complaints against lawful farms
Summary
Senate Bill 1033 would let agricultural operators recover attorney fees in nuisance suits they win under the Right to Farm Act and create graduated penalties for repeat meritless complaints to state agencies or sheriffs; the committee recommended the bill proceed to the floor.
The Senate Agricultural Affairs Committee voted to send Senate Bill 1033 to the floor with a do‑pass recommendation after testimony from agricultural groups supporting new remedies for operators facing meritless nuisance complaints.
Senator Todd Lakey, sponsor of S 1033, said the bill strengthens Idaho's Right to Farm Act (Idaho Code Title 22, Chapter 45) by allowing an agricultural operator who prevails in a nuisance lawsuit — because the operation was lawfully conducted under the act — to recover reasonable attorney fees and costs. "That will make complainants and plaintiff's attorneys . . . be sure that they're on solid ground before they initiate a lawsuit," Lakey told the committee.
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