Skip to main content
Find a Lawyer

Utah Code Title 4. Utah Agricultural Code § 4-44-201. Defenses in nuisance actions

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) It is a defense in a civil action for nuisance against an agricultural operation that:

(a) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;

(b) the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; or

(c) the action is filed more than one year after:

(i) the establishment of the agricultural operation; or

(ii) the agricultural operation undergoes a fundamental change.

(2) This section may not be construed to invalidate any contract made before May 14, 2019.

(3) In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to:

(a) the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or

(b) the plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.

(4) A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 4. Utah Agricultural Code § 4-44-201. Defenses in nuisance actions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-4-utah-agricultural-code/ut-code-sect-4-44-201/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard