In a civil action for nuisances involving agricultural
activities, it is a complete defense if:
(A) The agricultural activities were conducted within an
agricultural district;
(B) Agricultural activities were established within the
agricultural district prior to the plaintiff’s activities or interest on which
the action is based;
(C) The plaintiff was not involved in agricultural
production; and
(D) The agricultural activities were not in conflict with
federal, state, and local laws and rules relating to the alleged nuisance or
were conducted in accordance with generally accepted agriculture practices.
The plaintiff may offer proof of a violation
independently of proof of a violation or conviction by any public official.
Effective Date: 01-01-1983