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NC S460

Bill

Status

Introduced

3/29/2017

Primary Sponsor

William Jackson

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Limits compensatory damages in private nuisance actions against agricultural and forestry operations based on whether the nuisance is permanent or temporary.

  • For permanent nuisances, damages are measured by reduction in fair market value of the plaintiff's property, capped at the property's fair market value.

  • For temporary nuisances, damages are limited to the diminution of fair rental value of the plaintiff's property.

  • Caps total recovery across 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.

  • Extends limitations to private nuisance claims against parties with contractual or business relationships with agricultural or forestry operations; applies to actions filed, arising, or pending on or after the bill's effective date.

Legislative Description

Agriculture and Forestry Nuisance Remedies

Last Action

Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

4/4/2017

Committee Referrals

Agriculture/Environment/Natural Resources4/4/2017
Rules and Operations of the Senate3/30/2017

Full Bill Text

No bill text available