Utah Code 4-44-201. Defenses in nuisance actions

4-44-201. Defenses in nuisance actions.

(1)

It is a defense in a civil action for nuisance against an agricultural operation that:

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class B misdemeanor	up to 6 months	up to $1,000

Agricultural operation: includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-44-102
Contract: A legal written agreement that becomes binding when signed.
Nuisance: means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. See Utah Code 4-44-102
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Plaintiff: The person who files the complaint in a civil lawsuit.
Property: includes both real and personal property. See Utah Code 68-3-12.5

(a)

the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;

(b)	the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; or

(c)

the action is filed more than one year after:

(i)	the establishment of the agricultural operation; or

(ii)	the agricultural operation undergoes a fundamental change.

(2)	This section may not be construed to invalidate any contract made before May 14, 2019.

(3)

In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to:

(a)	the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or

(b)	the plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.

(4)	A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.

Enacted by Chapter 81, 2019 General Session