740 ILCS 70/ Farm Nuisance Suit Act.

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740 ILCS 70/0.01

(740 ILCS 70/0.01) (from Ch. 5, par. 1100)

Sec. 0.01.

Short title.

This Act may be cited as the

Farm Nuisance Suit Act.

(Source: P.A. 86-1324.)

740 ILCS 70/1

(740 ILCS 70/1) (from Ch. 5, par. 1101)

Sec. 1.

It is the declared policy of the state to conserve and protect
and encourage the development and improvement of its agricultural land for
the production of food and other agricultural products.  When nonagricultural
land uses extend into agricultural areas, farms often become the subject
of nuisance suits.  As a result, farms are sometimes forced to cease operations.
Many others are discouraged from making investments in farm improvements.
It is the purpose of this Act to reduce the loss to the State of its agricultural
resources by limiting the circumstances under which farming operations
may be deemed to be a nuisance.

(Source: P.A. 82-509.)

740 ILCS 70/2

(740 ILCS 70/2) (from Ch. 5, par. 1102)

Sec. 2.

The term "farm" as used in this Act means any parcel of land
used for the growing and harvesting of crops; for the feeding, breeding, keeping,
and management of livestock; for dairying, horse keeping, or horse boarding or for any other agricultural
or horticultural use or combination thereof.

(Source: P.A. 100-447, eff. 1-1-18.)

740 ILCS 70/3

(740 ILCS 70/3) (from Ch. 5, par. 1103)

Sec. 3.

No farm or any of its appurtenances shall be or become a private
or public nuisance because of any changed conditions in the surrounding
area occurring after the farm has been in operation for more than one year,
when such farm was not a nuisance at the time it began operation, provided,
that the provisions of this Section shall not apply whenever a nuisance
results from the negligent or improper operation of any farm or its appurtenances.

(Source: P.A. 82-509.)

740 ILCS 70/4

(740 ILCS 70/4) (from Ch. 5, par. 1104)

Sec. 4.

The provisions of Section 3 of this Act shall not affect or defeat
the right of any person, firm, or corporation to recover damages for any
injuries or damages sustained by them on account of any pollution of, or
change in condition of, the waters of any stream or on the account of any
overflow of lands of any such person, firm, or corporation.

(Source: P.A. 82-509.)

740 ILCS 70/4.5

(740 ILCS 70/4.5)

Sec. 4.5.

Costs and fees.

In any nuisance action in which a farming
operation is alleged to be a nuisance, a prevailing defendant shall recover the
aggregate amount of costs and expenses determined by the court to have been
reasonably incurred in the defense of the nuisance action, together with a
reasonable amount for attorney fees. For the purposes of this Section, a
prevailing defendant is a defendant in a lawsuit in whose favor a final court
order or judgment is rendered.  A defendant shall not be considered to have
prevailed if, prior to a final court order or judgment, he or she enters into a
negotiated settlement agreement or takes any corrective or other action that
renders unnecessary a final court order or judgment.

(Source: P.A. 89-256, eff. 1-1-96.)

740 ILCS 70/5

(740 ILCS 70/5) (from Ch. 5, par. 1105)

Sec. 5.

This Act does not affect actions commenced prior to the effective
date of this Act.

(Source: P.A. 82-509.)