Gov. Kristi Noem signs legislation to restrict frivolous lawsuits against ag producers

Law establishes one-mile barrier, limitations on damages

Gov. Kristi Noem speaks March 15 at C & B Operations in Mitchell for a bill signing ceremony for HB 1090. (Jonathan Ellis/The Dakota Scout)

MITCHELL – Gov. Kristi Noem signed legislation Wednesday that agriculture advocates say will protect the industry from frivolous nuisance lawsuits.

“This is an important day for agriculture, which means it’s an important day for South Dakota,” Noem said during her speech at C & B Operations. She noted that one out of every five jobs in the state is tied to the $32 billion industry.

House Bill 1090 contains several legal protections for agriculture producers. It requires that any nuisance claims for issues such as odor or noise can only be brought by property owners or lessees who are within one mile of the operation. It protects existing operations from nuisance claims when they are encroached upon. And it includes limitations on damages that can be awarded in litigation.

The bill was opposed by the trial lawyers and environmental groups.

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