Oklahoma § 50-1.1 - Agricultural activities as nuisance

§ 50-1.1. Agricultural activities as nuisance

A. As used in this section:

1. "Agricultural activities" includes, but is not limited to,

the growing or raising of horticultural and viticultural crops,

berries, poultry, livestock, aquaculture, grain, mint, hay, dairy

products and forestry activities. "Agricultural activities" also

includes improvements or expansion to the activities provided for in

this paragraph including, but not limited to, new technology, pens,

barns, fences, and other improvements designed for the sheltering,

restriction, or feeding of animal or aquatic life, for storage of

produce or feed, or for storage or maintenance of implements. If

the expansion is part of the same operating facility, the expansion

need not be contiguous;

2. "Farmland" includes, but is not limited to, land devoted

primarily to production of livestock or agricultural commodities;

and

3. "Forestry activity" means any activity associated with the

reforesting, growing, managing, protecting and harvesting of timber,

wood and forest products including, but not limited to, forestry

buildings and structures.

B. Agricultural activities conducted on farm or ranch land, if

consistent with good agricultural practices and established prior to

nearby nonagricultural activities, are presumed to be reasonable and

do not constitute a nuisance unless the activity has a substantial

adverse effect on the public health and safety.

If that agricultural activity is undertaken in conformity with

federal, state and local laws and regulations, it is presumed to be

good agricultural practice and not adversely affecting the public

health and safety.

C. No action for nuisance shall be brought against agricultural

activities on farm or ranch land which has lawfully been in

operation for two (2) years or more prior to the date of bringing

the action. The established date of operation is the date on which

an agricultural activity on farm or ranch land commenced. The

established date of operation for each change is not a separately

and independently established date of operation and commencement of

the expanded activity does not divest the farm or ranch of a

previously established date of operation if:

1. The physical facilities of the farm or ranch are

subsequently expanded or new technology adopted;

2. The farming or ranching is interrupted for no more than

three (3) years; or

3. The farm or ranch participates in a government-sponsored

agricultural program.

D. In any action for nuisance brought against agricultural

activities on farm or ranch land pursuant to this section:

1. The court or jury shall determine the amount of noneconomic

damages separately from the amount of compensation for all other

damages; and

2. Noneconomic damages awarded to a plaintiff shall not exceed

three times the amount of compensatory damages or Two Hundred Fifty

Thousand Dollars ($250,000.00), whichever amount is greater.

Oklahoma Statutes - Title 50. Nuisances

E. In any action for nuisance in which agricultural activities

are alleged to be a nuisance, and which action is found to be

frivolous or malicious by the court, the defendant shall recover the

aggregate amount of costs and expenses determined by the court to

have been reasonably incurred in connection with defending the

action, together with reasonable attorney fees.

F. This section does not relieve agricultural activities of the

duty to abide by state and federal laws, including, but not limited

to, the Oklahoma Concentrated Animal Feeding Operations Act and the

Oklahoma Registered Poultry Feeding Operations Act.

Added by Laws 1980, c. 189, § 2, eff. Oct. 1, 1980. Amended by Laws

2000, c. 300, § 3, emerg. eff. June 5, 2000; Laws 2009, c. 147, § 1,

eff. Nov. 1, 2009; Laws 2017, c. 276, § 1, eff. Nov. 1, 2017; Laws

2019, c. 21, § 1, eff. Nov. 1, 2019.

NOTE: Editorially renumbered from § 11 of this title to avoid

duplication in numbering.