Farms.com Home   Ag Industry News

New South Dakota bill will protect agriculture

New South Dakota bill will protect agriculture

Plaintiffs must provide clear evidence that a farm is causing a nuisance

By Diego Flammini
Staff Writer
Farms.com

South Dakota Governor Kristi Noem discussed a proposed a piece of legislation designed to protect farms in the state.

On Jan. 13, Gov. Noem outlined how the upcoming bill would support the people and the $32 billion the industry generates.

Once introduced, the bill provides additional liability protections for ag operations “in the event that a nuisance claim is filed against them,” a government release says.

In South Dakota, a public nuisance is “one which affects at the same time an entire community or neighborhood, or any considerable number of persons…”

All other nuisances are considered private.

The proposed law would:

  • Set specific conditions and limits to compensatory and punitive damages,
  • Add “agritourism” to the definition of a farm operation,
  • Expand the protected status of ag operations by allowing them to change the product they produce to maintain such status, and
  • Ensuring the plaintiff has “clear and convincing” evidence that a nuisance is out of compliance with state or federal environmental laws or regulations.

These rules will help South Dakota farmers continue to operate without hesitation, said Sen. Joshua Klumb.

“As a lifelong farmer, my family depends on a fair and level playing field to make ends meet. Our producers need dependability to preserve their operations, so they cannot have frivolous nuisance complaints undermining their work to feed the world,” he said in a statement.

Klumb, along with State Rep. James Wangsness, are sponsoring the bill.




Trending Video

OFA Lunch and Learn - Operating Finance Loans from ACC

Video: OFA Lunch and Learn - Operating Finance Loans from ACC

In this virtual presentation producers will learn more about ACC and the government programs they provide. With a track record of providing over three billion dollars in operating funds to Canadian producers, ACC offers low-cost operating loans tailored to meet the diverse needs of farmers across Canada. Led by a Board of Directors composed predominately of farmers, ACC’s expertise encompasses loan provision, credit review, loan management, government compliance, and efficient repayment collection, ensuring steadfast support for the agricultural community.