AGRICULTURE AND FORESTRY NUISANCE REMEDIES.

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View NCGA Bill Details(link is external)2017-2018 Session
House Bill 467 (Public) Filed Thursday, March 23, 2017
AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS.
Intro. by Dixon, Davis, Lewis, J. Bell.
Status: Ch. SL 2017-11 (House Action) (May 11 2017)

SOG comments (1):

Identical bill

Submitted by jhenders@sog.unc.edu on

Identical to S 460, filed 3/29/17.

Bill History:

H 467/S.L. 2017-11

Bill Summaries:

  • Bill H 467 (2017-2018)
    Summary date: May 15 2017 - View Summary

     

    AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS. Enacted May 11, 2017. Effective May 11, 2017.

    Agriculture, Courts/Judiciary, Civil, Civil Procedure
    GS 106
  • Bill H 467 (2017-2018)
    Summary date: May 8 2017 - View Summary

    The Governor vetoed the act on 05/05/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/H467Veto/H467Veto.html(link is external)

    Agriculture, Courts/Judiciary, Civil, Civil Procedure
    GS 106
  • Bill H 467 (2017-2018)
    Summary date: Apr 25 2017 - View Summary

    Senate committee substitute makes the following change to the 2nd edition:

    Adds new subsection (d) to GS 106-702 providing that Article 57 of GS Chapter 106 does not apply to a cause of action brought against an agriculture or forestry operation for any tort liability other than nuisance.  Also provides that Article 57 does not prohibit or limit requests for injunctive relief or damages otherwise available. 

    Agriculture, Courts/Judiciary, Civil, Civil Procedure
    GS 106
  • Bill H 467 (2017-2018)
    Summary date: Apr 10 2017 - View Summary

    House amendment makes the following changes to the 1st edition.

    Provides that the act is effective when it becomes law, and applies to causes of action arising on or after that date, and that the act does not affect pending litigation.

    Agriculture, Courts/Judiciary, Civil, Civil Procedure
  • Bill H 467 (2017-2018)
    Summary date: Mar 23 2017 - View Summary

    Enacts new GS 106-702. Designates compensatory damages for permanent private nuisance actions against agricultural and forestry operations to be measured by the reduction in the fair market value of the plaintiff's property, not to exceed the fair market value of the property. Designates compensatory damages for temporary private nuisance actions to be the diminution of the fair rental value of the plaintiff's property. Limits the total combined recovery in multiple private nuisance actions against agricultural or forestry operations by a plaintiff or plaintiff's successor to the fair market value of his or her property, regardless of whether the subsequent action or actions were brought against a different defendant. Applies to private nuisance claims brought against any party based on that party's contractual or business relationship with an agricultural or forestry operation.

    Applies to actions filed, arising, or pending on or after the date the bill becomes law. Provides a severability clause.

    Agriculture
    GS 106
View: All Summaries for Bill