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CFE 121100
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CFE 121100
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1/7/2019 5:13:56 PM
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11 <br /> AGRICULTURAL AND FORESTRY OPERATIONS <br /> NUISANCE STATUTES <br /> § 106 - 700 Legislative determination and declaration of policy . <br /> It is the declared policy of the State to conserve and protect and <br /> encourage the development and improvement of its agricultural land and <br /> forestland for the production of food , fiber , and other products . When other <br /> land uses extend into agricultural and forest areas , agricultural and forestry <br /> operations often become the subject of nuisance suits : As a result , <br /> agricultural and forestry operations are sometimes forced to cease . Many <br /> others are discouraged from making investments in farm and forest <br /> improvements . It is the purpose of this Article to reduce the loss to the State <br /> of its agricultural and forestry resources by limiting the circumstances under <br /> which an agricultural or forestry operation may be deemed to be a nuisance . <br /> ( 1979 , c . 202 , s . 1 ; 1991 (Reg . Sess . , 1992 ) , c . 892 , s . 1 . ) <br /> § 106 - 701 When agricultural and forestry operation , etc . , not constituted <br /> nuisance by changed conditions in locality . <br /> ( a) No agricultural or forestry operation or any of its appurtenances shall be <br /> or become a nuisance , private or public , by any changed conditions in or <br /> about the locality thereof after the same has been in operation for more than <br /> one year, when such operation was not a nuisance at the time the operation <br /> began ; provided, that the provisions of this subsection shall not apply <br /> whenever a nuisance results from the negligent or improper operation of any <br /> such agricultural or forestry operation or its appurtenances . <br /> (b) For the purposes of this Article , " agricultural operation " includes , <br /> without limitation, any facility for the production for commercial purposes <br /> of crops , livestock, poultry , livestock products , or poultry products . <br /> (bl ) For the purposes of this Article , " forestry operation " shall mean those <br /> activities involved in the growing, managing, and harvesting of trees , but not <br /> sawmill operations : <br />
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