Tenn. Code Ann. § 43-26-103

Farms presumed not nuisances

Known as the Tennessee Right to Farm Act

The act spans §§ 43-26-101 to 43-26-104 (4 sections).

Applied in 2 court decisions — leading case Velda J. Shore v. Maple Lane Farms, LLC (2013)

Most recently applied in Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants. (June 2018)

Acts 1982, ch. 609, § 3; 2002, ch. 604, § 1; 2014, ch. 916, § 5; 2016, ch. 728, § 1; 2016, ch. 891, § 2; 2017, ch. 369, § 2; 2019, ch. 87, § 7.

(1) It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or

(2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.

(3) [Deleted by 2019 amendment.]

(4) [Deleted by 2019 amendment.]

(5) [Deleted by 2019 amendment.]

(6) [Deleted by 2019 amendment.]

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.