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2025 Utah Code
Title 4 - Utah Agricultural Code
Chapter 44 - Agricultural Operations Nuisances Act
Part 2 - Nuisance Actions
Section 201 - Defenses in nuisance actions.
Universal Citation:
UT Code § 4-44-201 (2025)
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Effective 5/14/2019
4-44-201. Defenses in nuisance actions.
Enacted by Chapter 81, 2019 General Session
4-44-201. Defenses in nuisance actions.
- (1) It is a defense in a civil action for nuisance against an agricultural operation that:
- (a) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;
- (b) the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; or
- (c) the action is filed more than one year after:
- (i) the establishment of the agricultural operation; or
- (ii) the agricultural operation undergoes a fundamental change.
- (2) This section may not be construed to invalidate any contract made before May 14, 2019.
- (3) In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to:
- (a) the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or
- (b) the plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.
- (4) A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.
Enacted by Chapter 81, 2019 General Session
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