As I mentioned earlier, SB 173-2007 is a bill by Senator Jackman that is something of a follow up to his bill from a couple of years ago, SB 267-2005. The original bill, allowed sort of a bait and switch where an agricultural operation could change significantly and yet be regarded as not having “changed significantly” for the purposes of being immune from a nuisance suit. Small scale agricultural operation could potentially turn into a big confined feeding operation and be immune from the neighbors filing a nuisance suit.
This year’s bill would award attorney’s fees to an agricultural operation prevailing in a nuisance suit. According to the Indiana Judicial Center, Sen. Jackman’s bill was heard by the Senate Corrections, Criminal, and Civil Matters Committee.
After committee debate, in which several members expressed concern about chilling justified nuisance suits, the Chair said that the bill would be held and the meeting was adjourned.
Typically, that means the bill didn’t have enough votes to pass.
[tags]SB173-2005, CAFO, agriculture[/tags]
Score one for the good guys — as long as the bill stays dead.