Arizona Arizona Revised Statutes

§ 3-112 — Agricultural operations; nuisance liability: damages; state preemption

ARS § 3-112Title 3. Agriculture · Ch. 1. AGRICULTURAL ADMINISTRATION · Art. 2. Agricultural Protection Act

Statute text

3-112. Agricultural operations; nuisance liability: damages; state preemption A. Agricultural operations conducted on farmland that are consistent with good agricultural practices and established before surrounding nonagricultural uses are presumed to be reasonable and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety. B. Agricultural operations undertaken in conformity with federal, state and local laws and regulations are presumed to be good agricultural practices and not adversely affecting the public health and safety. C. In a nuisance action against an agricultural operation conducted on farmland: 1. The court may award costs and expenses, including reasonable attorney fees, to the prevailing party. 2. If the court determines that a party filed a nuisance action under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party:

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