Guam § 60354 - Farm Protection.

§ 60354. Farm Protection.

A farm for purposes of this section shall be farmland used for

bona fide agriculture, as defined in § 60102 of this Title. No

person who is engaged in agricultural use of farmland may be

forced or required to stop such farming activities because of

changes in the usages of surrounding lands, nor because of zoning

changes.

(a) Any farm, as defined above, shall be deemed a

preferred use of the land and, for so long as the land continues

in production and continues to be used for agricultural

purposes, said land shall be considered authorized as a

farming area not withstanding changes in zoning or changes

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in the usage and characteristics of the neighborhood in which

it is located.

(b) Any farm which is authorized herein for agricultural

usage may continue to be used in a manner consistent with

the traditional agricultural uses of the land in the past.

(c) If a farm as defined herein has been used for

agricultural purposes within the previous two (2) years, there

shall be a rebuttable presumption that the usage of the land is

continuous and that there has been no abandonment of the

farming operations on the land. Any time the land is not being

used for agricultural purposes for two (2) consecutive years,

there shall be a rebuttable presumption that there has been an

abandonment of the usage of the land for agricultural

purposes.

(d) When land which was previously used for farming is

no longer used for farming, and the agricultural operations

have been abandoned as defined herein, the land shall be

subject to the zoning laws and restrictions on use to the same

extent as if it had never been used for agricultural purposes.

The courts shall not order the cessation of agricultural usage

for a farm, as defined herein, on the basis of inconvenience

or discomfort which such usage may cause the neighbors of

adjoining property, if such usage was originally commenced

in a lawful manner.

(e) The provisions of this section do not override or

supersede any existing laws which govern the use of

pesticide or herbicide near populated areas.

(f) The definition of a farmer for the purpose of this

section shall be as defined by provision II.1 of the Rules for

Compensation to Farmers for Crop Damages in Section 2 of

P. L. 22-64.