Stricken language would be deleted from and underlined language would be added to present law.
Act 367 of the Regular Session
1 State of Arkansas As Engrossed: H2/16/23 H2/21/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1434
4
5 By: Representatives Vaught, Cavenaugh
6 By: Senator B. Johnson
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW REGARDING AGRICULTURE; TO
10 PLACE THE BURDEN OF PROOF ON THE PARTY BRINGING AN
11 ACTION AGAINST AN AGRICULTURAL OPERATION AS A
12 NUISANCE; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE LAW REGARDING AGRICULTURE;
17 AND TO PLACE THE BURDEN OF PROOF ON THE
18 PARTY BRINGING AN ACTION AGAINST AN
19 AGRICULTURAL OPERATION AS A NUISANCE.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code § 2-4-107, concerning agricultural operations
25 as a public or private nuisance, is amended to add an additional subsection
26 to read as follows:
27 (e) The burden of proof in actions brought under this chapter is on
28 the party who brings an action against an agricultural operation.
29
30 /s/Vaught
31
32
33 APPROVED: 3/21/23
34
35
36
*CRH090* 02-21-2023 09:22:59 CRH090


Statutes affected:
Old version HB1434 V2 - 2-16-2023 09:38 AM: 2-4-107
Old version HB1434 V3 - 2-21-2023 09:23 AM: 2-4-107
Act 367: 2-4-107