Bill Summary for S 509 (2013-2014)

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Summary date: 

Mar 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 509 (Public) Filed Wednesday, March 27, 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 TO A PREVAILING DEFENDANT.
Intro. by Jackson, Barefoot, Brock.

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Bill summary

Amends GS 106-701 to provide that using methods or practices commonly or reasonably associated with agricultural or forestry production (further defined in the act) or that are in compliance with any state or federally issued permit creates a rebuttable presumption that an agricultural or forestry operation is not a nuisance. Deletes the provision excluding sawmill operations from the activities included in a forestry operation. Provides that in a civil action in which an agricultural or forestry operation is alleged to be a nuisance, the prevailing defendant recovers the costs and expenses determined by the court to have been reasonably incurred in the defense of the action, including attorneys' fees.

Applies to causes of action arising on or after July 1, 2013.