Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 4603 (2024)

Summary

An Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 4603, State of New Jersey, dated October 24, 2024, reporting the bill favorably. The bill would let farmers recover reasonable costs and attorney fees for defending bad faith complaints against commercial agricultural operations under the "Right to Farm Act." An award would require a county agriculture development board or the State Agriculture Development Committee to find the farmer entitled to the act's irrebuttable presumption and to determine, by a preponderance of the evidence, that the complaint was brought in bad faith. The board or the SADC would then order the person who filed the complaint to pay the reasonable costs and fees.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND AGRICULTURE
COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 4603

STATE
OF NEW JERSEY

DATED: OCTOBER
24, 2024

The Assembly Commerce, Economic Development and
Agriculture Committee reports favorably Assembly Bill No. 4603.

This bill would strengthen the legal protections
provided to farmers under the “Right to Farm Act.” Specifically, the bill
would allow farmers to recover reasonable costs and attorney fees incurred in
the defense of bad faith complaints against commercial agricultural operations,
activities or structures when a county agriculture development board or the
State Agriculture Development Committee (SADC), as applicable:

1) finds the farmer is entitled to the irrebuttable
presumption established under the “Right to Farm Act”; and

2) determines, supported by a preponderance of the
evidence, that the complaint was brought in bad faith and all or a portion of
the costs and attorney fees are reasonable.

Under the “Right to Farm Act,” the established
irrebuttable presumption is that a commercial agricultural operation, activity
or structure or specific operation or practice does not constitute a public or
private nuisance, or does not otherwise invade or interfere with the use and
enjoyment of any other land or property, if:

1) the commercial agricultural operation, activity
or structure conforms to agricultural management practices recommended and
adopted by the SADC, or the specific operation or practice of the commercial
agricultural operation has been determined to constitute a generally accepted
agricultural operation or practice, either by the appropriate county
agriculture development board or the SADC, as applicable; and

2) the commercial agricultural operation, activity
or structure or specific operation or practice complies with all relevant
federal and State statutes and regulations, and does not pose a direct threat
to public health and safety.

Under the bill, a farmer seeking an award of
reasonable costs and attorney fees would submit an application therefor to the
county agriculture development board or the SADC as applicable, after being
found entitled to the irrebuttable presumption. The county agriculture
development board or the SADC would then determine, whether a preponderance of
the evidence supports a determination that the complaint was made in bad faith
and if the costs and fees, or a portion thereof, are reasonable. If so, the
county agriculture development board or the SADC would issue an order for the
person filing the complaint to pay the reasonable costs and fees to the farmer.

File and source

File

2024-10-24_ACE_A4603_S1.htm

Size

7,280 bytes

SHA-256

964e4f79e8cfde6d576beaa555c6109f8da68efa5988554e1564f8f7a862dbea

Our copy

2024-10-24_ACE_A4603_S1.htm

Original

No public link identified.