AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS.
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.
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