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Bill Detail: HB22-1141

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Title Nuisance Suits Agricultural Operations
Status House Committee on Judiciary Postpone Indefinitely (02/15/2022)
Bill Subjects
  • Agriculture
House Sponsors R. Holtorf (R)
Senate Sponsors J. Sonnenberg (R)
House Committee Judiciary
Senate Committee
Date Introduced 02/04/2022
Summary

The bill requires that, to file a nuisance suit against an agricultural
operation, a plaintiff must occupy land that is within 2,640 feet of the
operation. Punitive damages are not allowed unless the agricultural
operation has violated certain environmental laws against pollution, the
nuisance arises from the violation, and the action is brought within one
year after the operation is held to have committed the violation.

Under current law, the prevailing party may be awarded court costs
and attorney fees in a nuisance action against an agricultural operation.
The bill changes this to award court costs and attorney fees only to a
prevailing agricultural operation.
The bill also requires the state of Colorado, a county, a
municipality, or a city and county to pay the owner or operator of an
agricultural operation reasonable compensation, as determined by a court,
for the loss of agricultural use if:
  • The government brings a nuisance action against the
agricultural operation that results in the court enjoining the
agricultural operation from continuing agricultural
production on the land; and
  • The agricultural operation has been using the land for
agricultural production for 10 years or longer.

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