AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS. Enacted May 11, 2017. Effective May 11, 2017.
AGRICULTURE AND FORESTRY NUISANCE REMEDIES.
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS.Intro. by Dixon, Davis, Lewis, J. Bell.
Bill History:
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Thu, 23 Mar 2017 House: Filed
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Mon, 27 Mar 2017 House: Passed 1st Reading
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Mon, 27 Mar 2017 House: Ref To Com On Judiciary III
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Wed, 5 Apr 2017 House: Reptd Fav
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Wed, 5 Apr 2017 House: Cal Pursuant Rule 36(b)
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Wed, 5 Apr 2017 House: Placed On Cal For 04/06/2017
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Thu, 6 Apr 2017 House: Passed 2nd Reading
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Mon, 10 Apr 2017 House: Amend Adopted A1
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Mon, 10 Apr 2017 House: Passed 3rd Reading
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Mon, 10 Apr 2017 House: Ordered Engrossed
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Tue, 11 Apr 2017 House: Regular Message Sent To Senate
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Tue, 11 Apr 2017 Senate: Regular Message Received From House
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Tue, 11 Apr 2017 Senate: Passed 1st Reading
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Tue, 11 Apr 2017 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 24 Apr 2017 Senate: Withdrawn From Com
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Tue, 25 Apr 2017 Senate: Reptd Fav Com Substitute
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Tue, 25 Apr 2017 Senate: Com Substitute Adopted
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Tue, 25 Apr 2017 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 25 Apr 2017 Senate: Withdrawn From Com
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Wed, 26 Apr 2017 Senate: Reptd Fav
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Wed, 26 Apr 2017 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 26 Apr 2017 Senate: Reptd Fav
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Wed, 26 Apr 2017 Senate: Placed on Today's Supplemental Calendar
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Wed, 26 Apr 2017 Senate: Passed 2nd Reading
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Wed, 26 Apr 2017 Senate: Passed 3rd Reading
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Thu, 27 Apr 2017 Senate: Special Message Sent To House
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Thu, 27 Apr 2017 House: Special Message Received For Concurrence in S Com Sub
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Thu, 27 Apr 2017 House: Cal Pursuant 36(b)
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Thu, 27 Apr 2017 House: Added to Calendar
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Thu, 27 Apr 2017 House: Concurred In S/Com Sub
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Thu, 27 Apr 2017 House: Ordered Enrolled
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Thu, 27 Apr 2017 Ratified
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Thu, 27 Apr 2017 Pres. To Gov. 4/27/2017
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Fri, 5 May 2017 House: Received from the Governor
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Fri, 5 May 2017 Vetoed 05/05/2017
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Mon, 8 May 2017 House: Placed On Cal For 05/10/2017
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Wed, 10 May 2017 House: Veto Overridden
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Wed, 10 May 2017 Senate: Veto Received from House
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Wed, 10 May 2017 Senate: Placed On Cal For 05/11/2017
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Thu, 11 May 2017 Senate: Veto Overridden
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Thu, 11 May 2017 Ch. SL 2017-11
Bill Summaries:
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Bill H 467 (2017-2018)Summary date: May 15 2017 - View Summary
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Bill H 467 (2017-2018)Summary date: May 8 2017 - View Summary
The Governor vetoed the act on 05/05/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/H467Veto/H467Veto.html
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Bill H 467 (2017-2018)Summary date: Apr 25 2017 - View Summary
Senate committee substitute makes the following change to the 2nd edition:
Adds new subsection (d) to GS 106-702 providing that Article 57 of GS Chapter 106 does not apply to a cause of action brought against an agriculture or forestry operation for any tort liability other than nuisance. Also provides that Article 57 does not prohibit or limit requests for injunctive relief or damages otherwise available.
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Bill H 467 (2017-2018)Summary date: Apr 10 2017 - View Summary
House amendment makes the following changes to the 1st edition.
Provides that the act is effective when it becomes law, and applies to causes of action arising on or after that date, and that the act does not affect pending litigation.
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Bill H 467 (2017-2018)Summary date: Mar 23 2017 - View Summary
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.
Identical to S 460, filed 3/29/17.