Identical to H 467, filed 3/23/17.
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 AND FORESTRY NUISANCE REMEDIES.
Printer-friendly: Click to view
| View NCGA Bill Details(link is external) | 2017-2018 Session |
AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS.Intro. by B. Jackson, Bishop, Rabon.
Status: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate Action) (Apr 4 2017)
Bill History:
-
Wed, 29 Mar 2017 Senate: Filed(link is external)
-
Thu, 30 Mar 2017 Senate: Passed 1st Reading(link is external)
-
Tue, 4 Apr 2017 Senate: Withdrawn From Com(link is external)
S 460
Bill Summaries:
-
Bill S 460 (2017-2018)Summary date: Mar 29 2017 - View Summary
View: All Summaries for Bill