Brad Lager Bill Would Modify State Nuisance Laws

A bill in the legislature introduced by State Senator Brad Lager would modify nuisance statutes in the state. It would add Andrew, Buchanan, and Livingston to the list of counties that may enact nuisance abatement ordinances. The bill has passed the Senate and is now in the House for consideration.

The bill allows these counties to enact ordinances to provide for the abatement of a condition of any lot or land that has the presence of various junk. Any ordinance enacted pursuant to this section shall set forth those conditions which constitute a nuisance and which are detrimental to the health, safety, and welfare of the residents of the county. It provides for inspections, hearings, and enforcement. The building commissioners of these counties can cause the condition which creates these nuisances to be removed and costs can be assessed against the owner's taxes and would be collected in the same manner than other taxes are collected.

It also states that no junkyard shall be established, maintained, or operated within 200 feet of any other state or county road in this state unless fully screened from the state or county road by a permanent tight board or other screen fence to keep people from viewing it. Persons in violation would be considered guilty of a Class C Misdemeanor and shall be ordered to either remove the junk or build a fence as described. Failure to comply or a second or subsequent violation would make them guilty of a Class A Misdemeanor. This section applies to junkyards across the state.

The bill would also limit the amount of damages that could be awarded in a private nuisance suit against CAFO operations or property that is used for agricultural purposes. Permanent nuisances would be awarded based on the reduction of the fair market value of the claimant's property caused by the nuisance, but not to exceed the fair market value of the property. If it is a temporary nuisance, it would be measured by the diminution in the fair rental value.

The bill also clarifies that no person shall have standing to bring such an action for private nuisance unless they have an ownership interest in the property alleged to be affected by the nuisance. Claimants can still seek damages for annoyance, discomfort, sickness, or emotional distress provided such damages are awarded on the basis of other causes independent of a claim of nuisance. An amendment that would have stated that the provisions of this section shall not apply to any claim for private nuisance by a plaintiff whose property ownership precedes the defendant's activities giving rise to the cause of action was defeated.

There have been a rash of nuisance suits against CAFO's in the region and Lager says the bill is needed to protect the 3,000 jobs that he says these operations create. He says that adds up to a payroll of $50 million and higher profits for corn farmers. However, opponents say that the bill takes away property rights and allows corporations to perform what amounts to a private condemnation of land.

The bill has been referred to the House Agri-Business Committee. State Representative Casey Guernsey is the chair of that committee.