Section 4-44-201 - Defenses in nuisance actions(1) It is a defense in a civil action for nuisance against an agricultural operation that: (a) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;(b) the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; or(c) the action is filed more than one year after:(i) the establishment of the agricultural operation; or(ii) the agricultural operation undergoes a fundamental change.(2) This section may not be construed to invalidate any contract made before May 14, 2019.(3) In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to: (a) the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or(b) the plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.(4) A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.Added by Chapter 81, 2019 General Session ,§ 3, eff. 5/14/2019.