TRENTON – Aiming to strengthen protections under the “Right to Farm Act” the Senate Economic Growth Committee advanced legislation sponsored by Senators Troy Singleton and Parker Space that would allow commercial farmers to recover reasonable costs and attorney fees incurred in the defense of bad faith complaints against agricultural operations.

New Jersey enacted the “Right to Farm Act” in 1983 to help address conflicts between farmers, municipalities, and residential neighbors and ensure normal and safe agricultural operations are permitted. Among other provisions, it established an irrebuttable presumption that a commercial agricultural operation, activity, structure, or practice does not constitute a public or private nuisance, or does not otherwise invade or interfere with the use or enjoyment of any other land, if:

• the commercial agricultural operation, activity, or structure conforms to the agricultural management practices recommended and adopted by the State Agriculture Development Committee (SADC) or the specific operation or practice of the commercial agricultural operation has been determined to constitute a generally accepted agricultural operation or practice; and

• the commercial agricultural operation, activity, or structure or specific operation or practice complies with all relevant federal and State statutes and regulations, and does not pose a direct threat to public health and safety.

“New Jersey established protections for farmers to ensure that they would always be able to operate even as the population grew,” said Senator Singleton (D-Burlington). “Despite these protections, farmers are too often forced to confront frivolous, bad-faith complaints designed to disrupt their operations and burden them with legal fees. By allowing farmers to recover reasonable costs incurred in the defense of a complaint deemed as bad-faith, we will better protect farmers and discourage needless, baseless complaints from being pursued in the first place.”

The bill, S-3662, would allow farmers to recover reasonable costs and attorney fees incurred in the defense of bad faith complaints. A farmer seeking an award of reasonable costs and attorney fees would be required to submit an application to the CADB or SADC, as applicable, after being found entitled to the irrebuttable presumption established under the “Right to Farm Act”. If the CADB or SADC determine, supported by a preponderance of evidence, that the complaint was brought in bad faith and all or a portion of the costs and attorney fees are reasonable, the CADB or SADC would issue an order for the person filing the complaint to pay the reasonable costs and attorney fees to the farmer.