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Senate advances Agricultural Protection Act amendment after debate on scope and constitutional risk
Summary
Senate Bill 94, which clarifies immunity for sound agricultural practices from nuisance claims, passed after debate about constitutional exposure and the breadth of protections for neighboring property owners.
Salt Lake City — The Utah Senate on Jan. 28 passed Senate Bill 94, an amendment to the state’s Agricultural Protection Act intended to clarify that customary, sound agricultural practices are protected from both criminal and civil nuisance claims.
Senator Blackham, sponsor of the bill, told the Senate the measure fixes an omission from prior legislation and protects farmers following customary practices from criminal and civil liability. "This is the bill we discussed the other day that fixes that bridge we had in the bill," Blackham said.
Some senators urged caution. Senator Hilliard asked that the sponsor solicit review from defense and plaintiff attorneys to reduce the risk the statute would later be struck down on constitutional grounds. Senator Spencer said the bill could in effect give agricultural operators blanket immunity that would prejudice neighbors, including developers and real-estate professionals, and suggested narrowing protections to criminal actions only.
Blackham responded that the bill’s purpose is to protect long-standing agricultural enterprises from complaints by new neighbors who buy property adjacent to farming operations; he said the definition of "sound agriculture practices" would limit immunity to customary activities and welcomed further review during the House committee process.
The final roll call recorded 20 ayes, 5 nays and 4 absent, and the measure will be referred to the House for further consideration.
