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Key Votes

SB 711 - Limits Nuisance Damages Against Livestock Farmers - North Carolina Key Vote

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Issues Related to SB 711

Stage Details

Legislation - Veto Override Passed (House) (74-45) - (Key vote)
See How Your Politicians Voted

Title: Limits Nuisance Damages Against Livestock Farmers

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to override a veto of a bill that limits nuisance liability for farmers, among other provisions.

Highlights:

 

  • Prohibits filing a nuisance claim against an agricultural or forestry operation unless all of the following requirements are met (Sec. 10a):

    • The plaintiff owns the property affected by the nuisance;

    • The property affected is within .5 miles of the source of the nuisance; and

    • The nuisance is filed within 1 year of the establishment of or a fundamental change in the agricultural or forestry operation.

  • Specifies that for the purposes of the above provision a fundamental change is not constituted by any of the following (Sec. 10a):

    • Change in ownership or size;

    • Interruption of farming activity for 3 years or less;

    • Participation in government agricultural programs;

    • Use of new technology; or

    • Change in the type of product produced.

  • Repeals the provision which states that the provisions regarding whether a nuisance claim may be filed do not apply when the nuisance is a result of negligent or improper operation of the forestry or agricultural operation (Sec. 10a).

  • Prohibits the recovery of punitive damages in a private nuisance action if the forestry or agricultural operation has not been subject to a criminal conviction or civil enforcement action by a state or federal agency related to the nuisance within 3 years prior to the first act on which the nuisance action is based (Sec. 10b).

  • Authorizes the sale of raw milk and raw milk products for personal use to the independent or partial owner of a lactating animal (Sec. 15.2a).

  • Requires all fruit or vegetable handlers within the state to register with Department of Agriculture and Consumer Services by providing the following information (Sec. 1a):

    • Name;

    • Principal place of business;

    • Types of fruits or vegetables handled; and

    • Annual volume, expressed in dollars, of fruits and vegetables handled.

Legislation - Veto Override Passed (Senate) (37-9) - (Key vote)
See How Your Politicians Voted

Title: Limits Nuisance Damages Against Livestock Farmers

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to override a veto of a bill that limits nuisance liability for farmers, among other provisions.

Highlights:

 

  • Prohibits filing a nuisance claim against an agricultural or forestry operation unless all of the following requirements are met (Sec. 10a):

    • The plaintiff owns the property affected by the nuisance;

    • The property affected is within .5 miles of the source of the nuisance; and

    • The nuisance is filed within 1 year of the establishment of or a fundamental change in the agricultural or forestry operation.

  • Specifies that for the purposes of the above provision a fundamental change is not constituted by any of the following (Sec. 10a):

    • Change in ownership or size;

    • Interruption of farming activity for 3 years or less;

    • Participation in government agricultural programs;

    • Use of new technology; or

    • Change in the type of product produced.

  • Repeals the provision which states that the provisions regarding whether a nuisance claim may be filed do not apply when the nuisance is a result of negligent or improper operation of the forestry or agricultural operation (Sec. 10a).

  • Prohibits the recovery of punitive damages in a private nuisance action if the forestry or agricultural operation has not been subject to a criminal conviction or civil enforcement action by a state or federal agency related to the nuisance within 3 years prior to the first act on which the nuisance action is based (Sec. 10b).

  • Authorizes the sale of raw milk and raw milk products for personal use to the independent or partial owner of a lactating animal (Sec. 15.2a).

  • Requires all fruit or vegetable handlers within the state to register with Department of Agriculture and Consumer Services by providing the following information (Sec. 1a):

    • Name;

    • Principal place of business;

    • Types of fruits or vegetables handled; and

    • Annual volume, expressed in dollars, of fruits and vegetables handled.

Legislation - Vetoed (Executive) -

Title: Limits Nuisance Liability for Farmers

Legislation - Concurrence Vote Passed (Senate) (32-9) -

Title: Limits Nuisance Liability for Farmers

Legislation - Bill Passed With Amendment (House) (65-42) -

Title: Limits Nuisance Liability for Farmers

Legislation - Bill Passed (Senate) (33-13) -

Title: Limits Nuisance Liability for Farmers

Legislation - Introduced (Senate) -

Title: Limits Nuisance Liability for Farmers

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