New Jersey Assembly Bill A955

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Allows commercial farmer to recover reasonable costs and attorney fees of defending against unreasonable complaints under "Right to Farm Act."

Impact

If enacted, A955 will directly amend the existing statutes surrounding the 'Right to Farm Act,' particularly focusing on the framework for addressing complaints against farmers. The bill reinforces the irrebuttable presumption that protects farmers and establishes a mechanism for compensation against frivolous complaints. This change aims to alleviate some of the legal burdens farmers face, especially in a climate where agricultural operations may face increasing scrutiny from the public or local governments.

Summary

A955 is a proposed legislation in New Jersey aimed at providing enhanced legal protections for commercial farmers under the 'Right to Farm Act.' The bill allows farmers to recover reasonable costs and attorney fees associated with defending against complaints deemed unreasonable and brought in bad faith. Specifically, it seeks to ensure that if an agricultural operation is found eligible for an irrebuttable presumption—that is, it does not constitute a public or private nuisance—then farmers can seek compensation for their defense expenses from the complainant if the complaint is judged to be in bad faith.

Contention

While the bill may appear to favor farmers, it could also raise concerns among local residents and anti-nuisance advocates, who may view it as a potential shield against legitimate grievances. Critics may argue that by allowing farmers to recover costs from complainants, there could be a chilling effect on community members who might otherwise voice valid concerns about farming activities that affect their quality of life. These dynamics suggest a need for careful balance between the interests of agricultural operations and the rights of nearby property owners.