Commentary: To folks in rural areas, the smell of cow manure is the smell of money. To new neighbors, the smell might be objectionable and deemed a nuisance.
Those smells, along with other sights and sound of the ag industry like crop dusters flying overhead, slow moving tractors on roads and spraying crops would be protected against nuisance claims under SB 72a, sponsored by Senate Majority Leader Stuart Ingle (R), who is identified as a farmer on the New Mexico legislative website.
Senate Bill 72a limits when agricultural operations like farms, ranches, and dairies can be deemed a nuisance and have a nuisance claim filed against them.
It amends an existing statute and prohibits nuisance claims by people who buy or lease a property near an already established agricultural operation or facility.
The bill is needed as conflicts arise as residential communities move closer and closer to agricultural land and ag activities.
“The ag industry in this state is huge. It is one of our industries that keeps going and going. It cannot be turned off,” bill sponsor Senate Minority Leader said. “It protects the ag industry from any unreasonable nuisance claims.”
According to the New Mexico Department of Agriculture, agriculture is a $4 billion dollar industry in New Mexico, and has the largest average dairy herd size of any state in the country at more than 2,000 cows per herd.
Senator Ted Barela (R-Estancia) said who represents a large district in Central New Mexico supports the bill. “I represent many rural, agricultural areas in central New Mexico and I can tell you that our agricultural way of life and our ag industries are critical to all of New Mexico. We need to do all we can to encourage these industries to grow. We don’t want to tie their hands in any way.”
“We want our farms, ranches and industries to grow, we want economic prosperity. We need to protect our ag industry,” Senator Woods (R-Broadview) said. “I am pleased the majority in the Senate appreciate and understand how important this is to the ag industry.”
A nuisance claim could be brought if the established operation substantially changes the nature and scope of its operations after a neighboring property is purchased.
The bill passed 29 to 11 and goes to the House.