Browse Arkansas Code titles and sections
2-4-107. Operation not to become nuisance.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-4-107. Operation not to become nuisance.
(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began.
(b)(1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.
(2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:
(A) Change in ownership or size;
(B) Nonpermanent cessation or interruption of farming;
(C) Participation in any government-sponsored agricultural program;
(D) Employment of new technology; or
(E) Change in the type of agricultural product produced.
(c)(1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation:
(A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and
(B) Employs methods or practices that are commonly or reasonably associated with agricultural production.
(2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance wi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-4-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:2-4-107
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 33ebd5fc28d0a91d685d1263c99dcbb40f9d8b94b43022d88a5d9f1df9b571ac
Source location: content.xml paragraph 1181
Stored source content
2-4-107. Operation not to become nuisance.
(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began.
(b)(1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.
(2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:
(A) Change in ownership or size;
(B) Nonpermanent cessation or interruption of farming;
(C) Participation in any government-sponsored agricultural program;
(D) Employment of new technology; or
(E) Change in the type of agricultural product produced.
(c)(1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation:
(A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and
(B) Employs methods or practices that are commonly or reasonably associated with agricultural production.
(2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance.
(d) The court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party in any action brought to assert that an agricultural operation is a public or private nuisance.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
No explicit source connection was found. This does not mean there are no relevant authorities.