Bill Summary for H 614 (2013-2014)

Summary date: 

Jun 11 2013
S.L. 2013-314

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 614 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT AGRICULTURAL AND FORESTRY OPERATIONS ARE NOT NUISANCES UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEYS' FEES.
Intro. by Ramsey, Presnell, Waddell.

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Bill summary

Senate committee substitute makes the following changes to the 3rd edition.

Makes organizational changes to GS 106-701, incorporating subdivisions (1), (2), and (3) of subsection (a) into that subsection. Amends subsection (a1) to specify that the provisions of subsection (a), as amended in this act, do not apply when a plaintiff demonstrates that the agricultural or forestry operation has undergone a fundamental change. Amends GS 106-701(a1)(2) to provide that an interruption of farming for a period of no more than three years also does not constitute a fundamental change (was, provided that a fundamental change did not include a nonpermanent cessation or interruption of farming).

Reinstatessubsection (f) to GS 106-701 to provide for the award of costs and attorneys' fees to a prevailing defendant in a civil action in which an agricultural or forestry operation is alleged to be a nuisance (this subsection was in the 1st and 2nd edition of this bill and deleted in the 3rd edition).

Amends the catch line of GS 106-701 to reflect changes in the content of the section. Amends the long title of this act to restore previously deleted language regarding a prevailing defendant's entitlement to attorneys' fees.

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