STATUS : PASSED THE SENATE , WILL BE HEARD NEXT IN HOUSE AG AFFAIRS COMMITTTEE.
Idaho Right to Farm Act protects agriculture as one of the foundations of our economy and the Idaho way of life. The Act protects lawfully conducted agricultural operations but lacks the practical protections for meritless lawsuits or complaints. This legislation provides that if a lawsuit alleging nuisance is filed against a lawfully conducted agricultural operation and the agriculture operator prevails, then they are entitled to recover their attorney’s fees. It also provides fines and penalties for filing multiple meritless complaints with applicable state and local agencies. This bill adds to code to establish infraction and fee in the following levels: 2nd offense for meritless complaint within 2 years- infraction & $150 fine, 3rd offense for meritless complaint within 2 years- infraction & $300 fine, 4th offense for meritless complaint within 2 years- misdemeanor. You can read full bill text HERE.
Background: Idaho statute very strongly protects Idaho agriculture and its citizen’s “Right to Farm”. Recent years & a growing population have seen an increasing number of complaints from new residents who are either uneducated about agricultural practices or individuals with ill intent. These complaints take a significant amount of time and in many cases, financial burden, to mitigate. While the Right to Farm is protective in nature regarding prevention of removal from farmland in urban areas, or limiting circumstances where operations are deemed “nuisance”, there is currently no practical application of protection when combatting such claims. This legislation provides an element of financial burden for those bringing meritless claims and in cases where a farmer or rancher prevails, provides that they have their legal fees recovered.
Why is this important to cattle producers in Idaho?
Does ICA support this proposed bill?
How do I take action?
You can participate through the page linked below to sign onto ICA’s comments for further impact as an individual. ICA will submit comments on issues as a representative of its members, so this is a quick and easy way to make your stance known as an individual.
