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NC H467

Bill

Status

Passed

5/11/2017

Primary Sponsor

James Dixon

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Origin

House of Representatives

2017-2018 Session

AI Summary

Summary of House Bill 467

  • Limits compensatory damages in private nuisance actions against agricultural and forestry operations to the reduction in fair market value of the plaintiff's property for permanent nuisances, and to diminution of fair rental value for temporary nuisances.

  • Caps total recovery from multiple nuisance actions against agricultural or forestry operations at the fair market value of the plaintiff's property, regardless of whether different defendants are involved.

  • Applies damage limitations to claims against any party based on contractual or business relationships with agricultural or forestry operations.

  • Excludes negligence, trespass, personal injury, strict liability, and other tort claims from these damage limitations; does not restrict injunctive relief or punitive damages otherwise available.

  • Effective upon enactment and applies to causes of action commenced on or after the effective date; became law on May 11, 2017, notwithstanding gubernatorial veto.

Legislative Description

Agriculture and Forestry Nuisance Remedies

Last Action

Ch. SL 2017-11

5/11/2017

Committee Referrals

Rules and Operations of the Senate4/25/2017
Agriculture/Environment/Natural Resources4/24/2017
Rules and Operations of the Senate4/11/2017
Judiciary III3/27/2017

Full Bill Text

No bill text available