South Dakota Gov. Kristi Noem (R) recently signed House Bill 1090 into law, which will make it more difficult for complaints or lawsuits to be filed against agricultural operations for nuisances.
“No agricultural operation or any of its appurtenances may be deemed to be a nuisance, private or public, by any changed conditions in the locality of the operation or its appurtenances, after the operation has been in existence for more than one year, if the operation was not a nuisance at the time the operation began,” the bill read.
Only the owner or lessee of an affected property can file a nuisance action, and only if they are located within one mile of the ag operation. The bill also limits the amount of money that can be awarded.
