Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 182--H.F.No. 270
           An act relating to agriculture; providing that certain 
          agricultural operations are not private or public 
          nuisances; amending Minnesota Statutes 1982, section 
          561.19, subdivision 2; repealing Minnesota Statutes 
          1982, section 561.19, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 561.19, 
subdivision 2, is amended to read: 
    Subd. 2.  [AGRICULTURAL OPERATION NOT A NUISANCE.] An 
agricultural operation which is a part of a family farm is not 
and shall not become a private or public nuisance after six 
years from its established date of operation if the operation 
was not a nuisance at its established date of operation.  The 
provisions of this subdivision do not apply:  (a) to a condition 
or injury which results from the negligent or improper operation 
of an agricultural operation or from operations contrary to 
commonly accepted agricultural practices or to applicable state 
or local laws, ordinances, rules, or permits; (b) when an 
agricultural operation causes injury or direct threat of injury 
to the health or safety of any person; (c) to the pollution of, 
or change in the condition of, the waters of the state or the 
overflow of waters on the lands of any person; (d) to an 
agricultural operation within the limits of a home rule charter 
or statutory city; (e) to an animal feedlot facility with a 
swine capacity of 1,000 or more animal units as defined in the 
rules of the pollution control agency for control of pollution 
from animal feedlots, or a cattle capacity of 2,500 animals or 
more; or (f) (e) to any prosecution for the crime of public 
nuisance as provided in section 609.74 or to an action by a 
public authority to abate a particular condition which is a 
public nuisance. 
     Sec. 2.  [REPEALER.] 
     Minnesota Statutes 1982, section 561.19, subdivision 5, is 
repealed. 
    Approved May 19, 1983