{"data":{"id":"us-ok/okla.-stat.-tit.-50-50-1.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 50, § 50-1.1","heading":"Agricultural activities as nuisance","body":"A. As used in this section:\n\n1. \"Agricultural activities\" includes, but is not limited to,\n\nthe growing or raising of horticultural and viticultural crops,\n\nberries, poultry, livestock, aquaculture, grain, mint, hay, dairy\n\nproducts and forestry activities. \"Agricultural activities\" also\n\nincludes improvements or expansion to the activities provided for in\n\nthis paragraph including, but not limited to, new technology, pens,\n\nbarns, fences, and other improvements designed for the sheltering,\n\nrestriction, or feeding of animal or aquatic life, for storage of\n\nproduce or feed, or for storage or maintenance of implements. If\n\nthe expansion is part of the same operating facility, the expansion\n\nneed not be contiguous;\n\n2. \"Farmland\" includes, but is not limited to, land devoted\n\nprimarily to production of livestock or agricultural commodities;\n\nand\n\n3. \"Forestry activity\" means any activity associated with the\n\nreforesting, growing, managing, protecting and harvesting of timber,\n\nwood and forest products including, but not limited to, forestry\n\nbuildings and structures.\n\nB. Agricultural activities conducted on farm or ranch land, if\n\nconsistent with good agricultural practices and established prior to\n\nnearby nonagricultural activities, are presumed to be reasonable and\n\ndo not constitute a nuisance unless the activity has a substantial\n\nadverse effect on the public health and safety.\n\nIf that agricultural activity is undertaken in conformity with\n\nfederal, state and local laws and regulations, it is presumed to be\n\ngood agricultural practice and not adversely affecting the public\n\nhealth and safety.\n\nC. No action for nuisance shall be brought against agricultural\n\nactivities on farm or ranch land which has lawfully been in\n\noperation for two (2) years or more prior to the date of bringing\n\nthe action. The established date of operation is the date on which\n\nan agricultural activity on farm or ranch land commenced. The\n\nestablished date of operation for each change is not a separately\n\nand independently established date of operation and commencement of\n\nthe expanded activity does not divest the farm or ranch of a\n\npreviously established date of operation if:\n\n1. The physical facilities of the farm or ranch are\n\nsubsequently expanded or new technology adopted;\n\n2. The farming or ranching is interrupted for no more than\n\nthree (3) years; or\n\n3. The farm or ranch participates in a government-sponsored\n\nagricultural program.\n\nD. In any action for nuisance brought against agricultural\n\nactivities on farm or ranch land pursuant to this section:\n\n1. The court or jury shall determine the amount of noneconomic\n\ndamages separately from the amount of compensation for all other\n\ndamages; and\n\n2. Noneconomic damages awarded to a plaintiff shall not exceed\n\nthree times the amount of compensatory damages or Two Hundred Fifty\n\nThousand Dollars ($250,000.00), whichever amount is greater.\n\nE. In any action for nuisance in which agricultural activities\n\nare alleged to be a nuisance, and which action is found to be\n\nfrivolous or malicious by the court, the defendant shall recover the\n\naggregate amount of costs and expenses determined by the court to\n\nhave been reasonably incurred in connection with defending the\n\naction, together with reasonable attorney fees.\n\nF. This section does not relieve agricultural activities of the\n\nduty to abide by state and federal laws, including, but not limited\n\nto, the Oklahoma Concentrated Animal Feeding Operations Act and the\n\nOklahoma Registered Poultry Feeding Operations Act.","path":["OK Code","Title 50"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os50.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"537420977d0efdb54469b271860c68a5c27c05902e4dae46de1900c393da390b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-50-50-1","next":"us-ok/okla.-stat.-tit.-50-50-10"},"notice":"GroundRules: Original legal text. Not legal advice."}