Ohio Revised Code
Chapter 903 | Concentrated Animal Feeding Facilities
Section 903.14 | Submission to Nonbinding Arbitration Prior to Filing Private Civil Action for Nuisance.

Effective: March 15, 2001
Latest Legislation: Senate Bill 141 - 123rd General Assembly
Prior to filing a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, the parties to the dispute shall submit the dispute to an arbitrator for nonbinding arbitration. The parties shall pay the arbitrator a reasonable compensation based on the extent and duration of actual service rendered. The cost of the arbitrator's services shall be divided proportionately among the parties.
If the decision reached by the arbitrator is not accepted by all parties to the dispute, the complaining parties may file a civil action and the claim shall proceed as if it had not been submitted to nonbinding arbitration. No oral or written statement prepared for or made in the nonbinding arbitration by the arbitrator or any of the parties, including any mental impression, recommendation, or decision by the arbitrator, is subject to discovery or admissible into evidence in any litigation or proceeding for any purpose, including impeachment. The arbitrator shall be disqualified as a witness, consultant, or expert on any subject that is related to the arbitration.

Structure Ohio Revised Code

Ohio Revised Code

Title 9 | Agriculture-Animals-Fences

Chapter 903 | Concentrated Animal Feeding Facilities

Section 903.01 | Concentrated Animal Feeding Facility Definitions.

Section 903.02 | Program for Issuance of Permits to Install [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.03 | Program for Issuance of Permits to Operate [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.05 | Application for a Permit to Install or Permit to Operate [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.06 | Insect and Rodent Control Plan [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.07 | Livestock Manager Certification [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.08 | Participating in National Pollutant Discharge Elimination System.

Section 903.081 | Permits Not to Be Granted.

Section 903.082 | Determination of Size of Concentrated Animal Feeding Facility by Director.

Section 903.09 | Issuance of Draft Permits.

Section 903.10 | Administrative Rules for Permits to Install and Permits to Operate [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.11 | Contracts or Agreements to Carry Out Purposes of Chapter.

Section 903.12 | Right of Entry for Investigations and Inspections.

Section 903.13 | Affirmative Defenses in Private Civil Action for Nuisance.

Section 903.14 | Submission to Nonbinding Arbitration Prior to Filing Private Civil Action for Nuisance.

Section 903.15 | Submitting Complaint to Director.

Section 903.16 | Requiring Corrective Actions and Assessing Civil Penalties [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.17 | Adjudicative Hearing on Corrective Actions and Civil Penalties [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.18 | Issuing Emergency Orders.

Section 903.19 | Livestock Management Fund.

Section 903.20 | Concentrated Animal Feeding Facility Advisory Committee.

Section 903.25 | Other Permits of Political Subdivisions May Not Be Required.

Section 903.30 | Violation of National Pollutant Discharge Elimination System and Livestock Management Duties; Prosecution.

Section 903.40 | Application of Manure.

Section 903.99 | Penalty.