(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.

(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.

(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.

(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.