Bill limiting CAFO odor suits, awards passes Mo. Legislature
Story Date: 4/19/2011

 

Source:  Dani Friedland, MEATINGPLACE.COM, 4/18/11

A bill that would limit the financial awards landowners could receive for complaints over agricultural odors could soon be law in Missouri.


The bill has been passed by both houses of the state’s legislature and next goes to Gov. Jay Nixon for signature, The Kansas City Star reported.


Under the new legislation, an activity or use of property that is the subject of successive claims for temporary nuisance will be classified as a permanent nuisance.


For permanent nuisances related to agriculture or animal production, “compensatory damages shall be measured by the reduction in the fair market value of the property,” reads the Senate summary. Damages for temporary nuisances are measured by the decrease in the fair rental value of the property.


Additionally, the bill would require a court or jury to visit the property in question if either party requests it. At present, the requirement exists only for cases exceeding $1 million.

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