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.
Conference report makes the following changes to the 4th edition.
Amends the long title.
Amends GS 106-701, concerning agricultural and forestry operations, to amend new subsection (f) to provide that in a nuisance action against an agricultural or forestry operation, the court must award costs and expenses, including reasonable attorneys' fees, to (1) the agricultural or forestry operation when the court finds that the operation was not a nuisance and the nuisance action was frivolous or malicious or (2) the plaintiff when the court finds the agricultural or forestry operation was a nuisance and the operation asserted an affirmative defense in the nuisance action that was frivolous and malicious (was, prevailing defendant recovers aggregate amount of costs and expenses reasonably incurred, including attorneys' fees).
Amends GS 7A-38.3(h), concerning mediation of farm nuisance disputes, providing that any applicable statutes of limitations relating to a farm nuisance dispute will be tolled for a specified period of time upon the filing of a request for mediation under GS 7A-38.3 (previously, provided that time periods relating to the filing of a claim or the taking of other action with respect to a farm nuisance dispute, including applicable statutes of limitations, would be tolled after filing). Further amends section to provide that the filing of a request for prelitigation mediation under GS 7A-38.3(d) does not constitute the commencement of or the bringing of an action involving a farm nuisance dispute.
Provides that this act is effective when it becomes law and applies to actions commenced or brought on or after that date (was, October 1, 2013).
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