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2021 Tennessee Code
Title 43 - Agriculture and Horticulture
Chapter 26 - Right to Farm
§ 43-26-103. Farms Presumed Not Nuisances

Universal Citation:
TN Code § 43-26-103 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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  1. It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either:

    1. The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or

    2. The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.

  2. [Deleted by 2019 amendment.]

  3. [Deleted by 2019 amendment.]

  4. [Deleted by 2019 amendment.]

  5. [Deleted by 2019 amendment.]
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