(a) It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either:

Terms Used In Tennessee Code 43-26-103

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Farm: means the land, buildings, and machinery used in the commercial production of farm products and nursery stock as defined in §. See Tennessee Code 43-26-102
  • Farm operation: means a condition or activity that occurs on a farm in connection with the commercial production of farm products or nursery stock as defined in §. See Tennessee Code 43-26-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or
(2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.
(b) [Deleted by 2019 amendment.]
(c) [Deleted by 2019 amendment.]
(d) [Deleted by 2019 amendment.]
(e) [Deleted by 2019 amendment.]
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