Bill Protects Farm Practices From Lawsuits New Neighbors Would Waive Right To Sue Over ‘Nuisances’

Counties could declare that home buyers have no right to complain about nearby agricultural practices under a law introduced Thursday.

The proposed amendments to Idaho’s “Right to Farm Act” would give counties authority to require “nuisance waivers” when people buy property. The waiver is something the buyer would sign, which would then be recorded with the county like a deed restriction. By signing the waiver, the buyer waives the right to sue over the nuisance.

Sean Strickler, lobbyist for the Idaho Building Contractors Association, passed around to state senators a sample nuisance waiver that Twin Falls County has been using. It declares that the property owner waives any nuisance claims against agricultural operations, including “flies, odors, animal noises, tractor operations or other operations that may be found to be annoying, unpleasant or obnoxious.”

Strickler said the building contractors worked with the Idaho Farm Bureau, the real estate lobby, and Sen. Cecil Ingram, R-Boise, chairman of the Senate Agricultural Affairs Committee, to develop the bill.

The measure is intended to protect existing farms from lawsuits filed by newcomer neighbors, Strickler said. But neither the legislation nor the sample nuisance waiver he distributed actually mentioned existing farms, as opposed to new operations that might start up.

Strickler said he thought county zoning laws would take care of that issue.

The builders and real estate agents’ interest in the issue arises because they incur a certain amount of liability when they sell a home, he said. “If that person signs, it will remove some of that liability.”

Home buyers also would be better informed, he said, and might choose not to buy in an area where there are farm operations to which they might object.

The Senate Agricultural Affairs Committee’s decision Thursday to introduce the bill means it will return to the committee for a public hearing.

Sen. Shawn Keough, R-Sandpoint, said she’s reserving judgment on the bill until the hearing.

“I agree with the concept that when people move into an area, whether it’s an urban area or a rural area, they ought to inform themselves about the area they’re moving into,” she said. That might include learning that the neighborhood features logging trucks, agriculture and “smelly pigs,” she said.

But Keough said she has some concerns about the legislation, including how it would relate to smoke from field burning, and would like to hear what North Idaho residents think about it.

The only North Idaho member of the committee, Keough can be reached at (800) 626-0471.

, DataTimes