DelawareDelaware would shield farms that follow rules from certain nuisance suits
Delaware farm and forestry operations would be protected against nuisance claims even in their first year if they follow applicable rules and operate properly.
What it does
Covered farm and forestry operations would be protected from nuisance claims, including during their first year, if they follow applicable rules and operate properly. Agencies could still enforce environmental rules.
Someone who sues a covered farm over a nuisance claim would pay its court costs and reasonable lawyer fees if the farm wins and the court finds the claim frivolous.
Argument forFarmers could spend less time defending nuisance suits during their first year if they follow the rules and run their operations properly.
Argument againstPeople might hesitate to file nuisance suits because they could owe a farm’s legal fees if the farm wins and a court finds their claim frivolous.
More detail
Delaware would protect covered farm and forestry operations from nuisance claims. It covers Delaware operations involving crops, animals, forestry, and other listed farm work. Operations must follow applicable local, state, and federal rules and must not be run negligently or improperly. Government agencies could still enforce air, water, and other environmental rules. The protection could apply during an operation’s first year.
A court would make a person who sues pay the farm’s legal costs in certain frivolous nuisance cases. It applies to nuisance suits against a listed agricultural operation or its related facilities. The farm must win, and the court must find the claim frivolous.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Apr 3Introduced and Assigned to Agriculture Committee in SenateIntroduced
Agriculture