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South Dakota governor signs nuisance bill into law
South Dakota Governor Kristi Noem has signed a bill into law to protect South Dakota farmers from nuisance claims.
House Bill 1090 says a nuisance action may not be filed against an ag operation unless the plaintiff is the owner or the lessee of the property affected within one mile of the problem.
At a signing ceremony on Wednesday, Noem said nusiance complaints and lawsuits about agriculture production facilities are typically filed by people who are not local to the issue.
“We want the people who live in this state to be able to have an opinion, especially people who are neighbors to these operations to be able to do that.”
Noem said this law should help grow livestock development in the state. South Dakota Pork Producers Council Executive Director Glenn Muller told Brownfield this adds another level of protection for producers going through the zoning process.
“It puts more responsibility on the plaintiff if they want to file a lawsuit, there’s more accountability. It gives producers more security when they plan to build a new barn they can proceed, as long as they follow the rules.”
He said there have been various nuisance claims in the state over the years, with the most recent considered by the South Dakota Supreme Court allowing a sow barn to be built in Turner County.
“It just got resolved and those producers can now go ahead and build, but it’s been more than two years they’ve been in this process and we know the costs of construction and the cycle of the markets. It’s been a major concern in the state.”
South Dakota’s state legislative session wraps up at the end of March.
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Glad to know kristi has our backs 🙄 it is a nuisance to the surrounding neighborhoods and community. Have you ever been driving with your windows down on a hot day and get a nice big wiff 5 miles out? Have you ever been woken in the middle of the night by crying mothers who’s babies have been taken from them? Have you ever tried to enjoy a sunrise or sunset from your porch and can’t enjoy the sounds of the crickets because the squealing sounds over power?
Ya. Thanks Kristi
Who protects the other people. Sounds one sided. So if my neighbor builds a hog confinement 100 feet away from a residential housing development o well. Just wondering what the others can do.