(a) No agricultural, manufacturing, or other industrial plant or establishment,
farming operation facility, or any racetrack for automobiles or motorcycles, or
both, operated in conjunction with a museum that is owned by a nonprofit
organization and has a building and collection on display which together have a
minimum value of at least one million dollars ($1,000,000), or any of its
appurtenances or the operation thereof shall be or become a nuisance, private
or public, by any changed conditions in and about the locality thereof after
the same has been in operation for more than one year during which such plant,
facility, establishment, farming operation facility, or racetrack, its
appurtenances or the operation thereof has not been found by a court of
competent jurisdiction to be a nuisance; provided, that the provisions of this
subsection shall not apply whenever a nuisance results from the negligent or
improper operation of any such plant, establishment, farming operation
facility, or racetrack, or any of its appurtenances.
(b) The provisions of subsection (a) shall not affect or defeat the right of
any person, firm, or corporation to recover damages for any injuries or damage
sustained by them on account of any pollution of, or change in the condition
of, the waters of any stream or on account of any overflow of the lands of any
person, firm, or corporation.
(c) Any and all ordinances heretofore or hereafter adopted by any municipal
corporation in which such plant, establishment, farming operation facility, or
racetrack is located, which purports to make the operation of any such plant,
establishment, farming operation facility, or racetrack, or its appurtenances a
nuisance or providing for an abatement thereof as a nuisance in the
circumstances set forth in this section are, and shall be, null and void;
provided, that the provisions of this subsection shall not apply whenever a
nuisance results from the negligent or improper operation of any such plant,
establishment, farming operation facility, or racetrack, or any of its
appurtenances.
(d) This section shall not be construed to invalidate any contracts
heretofore made, but, insofar as contracts are concerned, is only applicable to
contracts and agreements to be made in the future.