CHAPTER 22. RIGHT TO
FARM AND FOREST
PART I. RIGHT TO FARM
§3601. Citation; legislative findings; purpose
A. This Part shall be known as
and may be cited as the Louisiana Right to Farm Law.
B.(1) The legislature hereby
finds and declares that agriculture is essential not only to the economy of the
state but to the sustenance of life, yet acreage devoted to agriculture has
steadily declined in this century.
(2) The legislature further
finds and declares that owners of agricultural land and the public, which
depends upon agricultural production, need to be protected from further
diminution in value of agricultural land by providing safeguards and by
establishing a more reliable remedy for diminution in value of agricultural
land caused by governmental entities.
(3) The legislature also finds
and declares that agricultural operations and the public, which depends upon
agricultural production, need to be protected from any nuisance actions.
Added by Acts 1983, No. 95, §1; Acts
1995, No. 302, §1; Acts 2008, No. 515, §1.
§3602.
Definitions
As used in this Part, the following terms shall have the
following meanings:
(1) "Agricultural activity" means a commercial
enterprise of any agricultural related or associated entity.
(2) "Agricultural facility" means any
facility used for the marketing, processing, or production of agricultural
products, or for providing agricultural support services.
(3) "Agricultural land" means any land on
which any agricultural operations is being conducted. Land which has
qualified for a use value assessment under the provisions of R.S. 47:2301 et
seq. shall be presumed to be agricultural land.
(4) "Agricultural marketing" means the
marketing or handling of agricultural products.
(5) "Agricultural operation" means any
agricultural facility or agricultural land which is being used for agricultural
production or agricultural processing and includes any facility used for the
production and processing of crops or products thereof, livestock or products
thereof, farm-raised fish and fish products, wood, timber or forest products,
fowl or plants for breeding or sales, and poultry or poultry products for
commercial or industrial purposes. "Agricultural operation" also
includes the use of farm machinery, equipment, devices, chemicals, products for
agricultural use, materials and structures designed for agricultural use and
used in accordance with traditional farm practices.
(6) "Agricultural processing" means the
processing of any agricultural product and includes, but is not limited to, the
slaughtering and processing of livestock and poultry, the elevation and drying
of grain, the processing of sugar cane, and the ginning of cotton.
(7) "Agricultural product" means crops,
livestock, poultry, and aquacultural, floracultural, horticultural, silvicultural,
or viticultural products.
(8) "Agricultural production" means the
commercial production of any agricultural products and includes the planting of
cover crops, the leaving of land idle for the purpose of participating in
government programs, normal crop or livestock rotation procedures, and the use
of agricultural support services.
(9) "Agricultural support services" means
the aerial or surface application of seed, fertilizer, pesticides, lime, or
other soil amendments; irrigation operations; or custom plowing, soil
preparation or leveling, cultivation, or harvesting.
(10) "Diminution in value" means an
existent reduction of twenty percent or more of the fair market value or the
economically viable use of, as determined by a qualified appraisal expert, the
affected portion of any parcel of private agricultural property or the property
rights thereto for agricultural purposes, as a consequence of any regulation,
rule, policy, or guideline promulgated for or by any governmental entity.
(11) "Established date of operation" means
the date on which the agricultural operation, including forestry activities,
commenced operation. If the physical facilities of the agricultural
operation, including forestry activities, are subsequently expanded, then the
established date of operation for each expansion shall be deemed to be a
separate and independent "established date of operation" as of the
date of commencement of the expanded operation. The commencement of the
expanded operation shall not divest the agricultural operation of the
previously established date of operation.
(12) "Generally accepted agricultural
practices" are practices conducted in a manner consistent with proper and
accepted customs and standards as established and followed by similar
agricultural operations in a similar community or locale and under similar
circumstances.
(13) "Governmental action" means annexation
of territory by a governmental entity and the issuance of a rule,
regulation, policy, or guideline promulgated for or by any governmental entity,
or an order or other legally binding directive having the force of law or
capable of being enforced by government. Governmental action does not
mean the following:
(a) A formal exercise of the power of eminent domain.
(b) The adoption, enactment, repeal, or amendment of
a statute or resolution by the legislature.
(c) A governmental action directed or mandated by an
order of a court of competent jurisdiction.
(d) Law enforcement activity involving the seizure or
forfeiture of private agricultural property for a violation of law or as
evidence in a criminal proceeding.
(e) An order issued as a result of a violation of
law.
(f) Actions taken to enforce a mortgage or other
valid security device.
(g) Actions taken in compliance with federal law or
regulation.
(h) A result of police power to prohibit activities that are harmful to the public safety and health.
(14) "Governmental entity" means:
(a) A board, authority, commission, department,
office, or agency of the state government.
(b) A local governmental subdivision with a
population of less than four hundred twenty-five thousand.
(c) A special purpose district.
(15) "Owner" means
a person owning an interest in private agricultural property at the time a
governmental action becomes effective as to the private agricultural property
in which the owner owns an interest.
(16) "Person" means any individual,
partnership, corporation, association or other legal entity.
(17) "Private agricultural property" means bona fide agricultural or horticultural
land that is assessed as such for parish ad valorem
taxes as agricultural lands under homestead exemption that is wholly owned by a
private citizen or citizens, or a privately or publicly held corporation,
partnership, limited partnership, nonprofit corporation, or other legal entity
and that is located outside the corporate limits of any municipality.
(18) "Traditional farm practices" means
those accepted and customary standards
established by similar agricultural operations under similar circumstances
using established best management practices. Best management practices
for animal feeding operations and confined animal feeding operations shall be
determined by the Louisiana Department of Agriculture and Forestry in conjunction
with the LSU AgCenter.
Added by Acts 1983, No. 95, §1; Acts 1995, No. 302, §1;
Acts 2008, No. 515, §1.
§3603. Right to Farm
A. The legislature hereby declares that persons who
are engaged in agricultural operations in accordance with generally accepted agricultural
practices or traditional farm practices should be protected from legal actions
brought by persons who subsequently acquire an interest in any land in the
vicinity of the agricultural operation and from any nuisance action, public or
private, against the agricultural production of an agricultural product or an
agricultural operation including but not limited to, agricultural processing,
and any agricultural activity involved, directly or indirectly, in the
production of food for human consumption or for animal food.
B. No agricultural operation shall be deemed to be a
nuisance in any action brought under the provisions of Civil Code Article 669,
R.S. 33:361, R.S. 40:14, or any other grant of authority authorizing the
suppression or regulation of public or private nuisances if the agricultural
operation is conducted in accordance with generally accepted agricultural
practices or traditional farm practices, and any one of the following applies:
(1) The person bringing the action acquired the
interest in the land or improvements alleged to be affected by the nuisance
after the date on which an agricultural operation was in existence.
(2) The agricultural operation was established prior
to any change in the character of the property in the vicinity of the
agricultural operation.
(3) The agricultural operation has existed for one
year or more and the conditions or circumstances alleged to constitute a
nuisance have existed substantially unchanged since the established date of
operation.
C. When an agricultural operation has been
established, the protection from nuisance actions provided by this Section
shall include the protection of similar agricultural operations engaged in as a
result of the normal rotation of crops, or livestock, or both.
Added by Acts 1983, No. 95, §1; Acts 2008, No. 515, §1.
§3604.
Presumption
Each person engaged in agricultural operations shall be
presumed to be operating in accordance with generally accepted agricultural
practices or traditional farm practices.
Added by Acts 1983, No. 95, §1; Acts 2008, No. 515, §1.
§3605.
Frivolous lawsuits
If the court determines that any action
alleging that an agricultural operation is a nuisance
is frivolous, the court may award costs of court, reasonable attorney fees, and
any other related costs to the defendant.
Added by Acts 1983, No. 95, §1.
§3606.
Negligence, intentional injury
The provisions of this Chapter shall not
apply to actions based on negligence, intentional injury, or violation of state
or federal law or rules.
Added by Acts 1983, No. 95, §1.
§3607.
Local ordinances
A. No parish governing authority shall adopt any
ordinance that declares any agricultural operation operated in accordance with
generally accepted agricultural practices or traditional farm practices to be a
nuisance or any zoning ordinance that forces the closure of any such
agricultural operation.
B. Municipal zoning and nuisance ordinances shall not
apply to agricultural operations that were established outside the corporate
limits of the municipality and that were incorporated into the municipality by
annexation.
C. The governing authorities of parishes and
municipalities may adopt ordinances to prohibit or regulate agricultural
operations that are negligently operated or that are not operated in accordance
with generally accepted agricultural practices or traditional farm practices.
D. The provisions of Subsection A of this Section
shall not apply to Jefferson Parish.
Added by Acts 1983, No. 95, §1; Acts 1993, No. 731, §1, eff.