Senate committee substitute makes the following changes to the 1st edition.
Amends GS 106-701 tomake a clarifying changelisting the conditions under which an operation would not be a nuisance, public or private. Adds provision to those conditions that there must be nofundamental changes to the operation. Makes additional changes to GS 106-701 to provide that an agricultural or forestry operation does not become a nuisance if there has not been a fundamental change in the operation. Identifies the following changes to the operation that would not be fundamental changes: (1) a change in ownership or size, (2) nonpermanent cessation or interruption of farming, (3) participation in any government-sponsored agricultural program, (4) employment of new technology, and (5) a change in the type of agricultural product produced. Makes organizational changes to the provisions of GS 106-701. Deletes proposed language concerning methods or practices commonly or reasonably associated with agriculture or forestry production. Amends the bill title.
Bill S 509 (2013-2014)Summary date: Apr 23 2013 - View summary
Bill S 509 (2013-2014)Summary date: Mar 27 2013 - View summary
Amends GS 106-701 to provide that using methods or practices commonly or reasonably associated with agricultural or forestry production (further defined in the act) or that are in compliance with any state or federally issued permit creates a rebuttable presumption that an agricultural or forestry operation is not a nuisance. Deletes the provision excluding sawmill operations from the activities included in a forestry operation. Provides that in a civil action in which an agricultural or forestry operation is alleged to be a nuisance, the prevailing defendant recovers the costs and expenses determined by the court to have been reasonably incurred in the defense of the action, including attorneys' fees.
Applies to causes of action arising on or after July 1, 2013.