Bill Summary for S 509 (2013-2014)
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| View NCGA Bill Details | 2013-2014 Session |
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
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 106-701 tomake a clarifying changelisting the conditions under which an operation would not be a nuisance, public or private. Adds provision to those conditions that there must be nofundamental changes to the operation. Makes additional changes to GS 106-701 to provide that an agricultural or forestry operation does not become a nuisance if there has not been a fundamental change in the operation. Identifies the following changes to the operation that would not be fundamental changes: (1) a change in ownership or size, (2) nonpermanent cessation or interruption of farming, (3) participation in any government-sponsored agricultural program, (4) employment of new technology, and (5) a change in the type of agricultural product produced. Makes organizational changes to the provisions of GS 106-701. Deletes proposed language concerning methods or practices commonly or reasonably associated with agriculture or forestry production. Amends the bill title.