HRS §165-1
Why this law protects farms from nuisance lawsuits
This section explains why the law exists. When non-farm development moves into farm areas, farmers can be sued for nuisance, which hurts farming. The law aims to protect farms by limiting when farming can be called a nuisance.
landowners
The statute, as written — Findings and purpose
The legislature finds that when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture. The legislature also finds that under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy." Accordingly, it is the purpose of this chapter to reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance.
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