2017: In The State Legislature, Greg Murphy Voted Three Times To Limit The Amount Of Compensation Plaintiffs Could Receive In Civil Nuisance Lawsuits Against Commercial Hog Farms
2017: Murphy Voted For H.B. 467, Voted To Concur In The Senate’s Amendments, And Voted To Override The Governor’s Veto
April 10, 2017: Murphy Voted For H.B. 467 On Its Third Reading. In April 2017, Murphy voted for H.B. 467: “An act to clarify the remedies available in private nuisance actions against agricultural and forestry operations.” [North Carolina General Assembly, H.B. 467, 4/10/17]
April 27, 2017: Murphy Voted For The Motion To Concur In The Senate’s Amendments To H.B. 467. In April 2017, Murphy voted for H.B. 467: “An act to clarify the remedies available in private nuisance actions against agricultural and forestry operations.” [North Carolina General Assembly, H.B. 467, 4/27/17]
May 2017: Murphy Voted To Override The Governor’s Veto Of H.B. 467. In May 2017, Murphy voted to override the governor’s veto of H.B. 467: “An act to clarify the remedies available in private nuisance actions against agricultural and forestry operations.” The veto override was passed by a vote of 74-40. [North Carolina General Assembly, H.B. 467, 5/10/17]
NOTE: According to the North Carolina General Assembly, Murphy had excused absences for two previous votes on H.B. 467.
H.B. 467 Sought To Limit The Compensation Plaintiffs Could Receive In Nuisance Lawsuits Against Commercial Hog Farms
H.B. 467 Sought To Limit The Compensation Plaintiffs Could Receive In Nuisance Lawsuits Against Agricultural And Forestry Operations, Including Commercial Hog Farms. “As the industrial farms that have steadily taken over rural communities since the 1980s have polluted with increased liberty, individuals living near the operations—most often low-income people of color—have increasingly been forced to turn to the legal system to protect themselves from health and environmental risks, often by filing nuisance lawsuits. […] North Carolina House Bill 467, known as the ‘Agriculture and Forestry Nuisance Remedies’ bill, sought to limit the compensation plaintiffs can receive in civil suits against agricultural and forestry operations, including commercial hog farms, to a sum related to the diminished value of their property.” [Civil Eats, 5/9/17]
- H.B. 467 Was Targeted Specifically At Protecting Hog Farmers. “HB 467 would shield all agriculture and forestry operators, though is targeted specifically at protecting hog farmers.” [WUNC News, 5/5/17]
H.B. 467 Would Bar Plaintiffs From Receiving Compensation For Damages Related To Health, Quality Of Life, Or Enjoyment Of Property. “North Carolina House Bill 467, known as the ‘Agriculture and Forestry Nuisance Remedies’ bill, sought to limit the compensation plaintiffs can receive in civil suits against agricultural and forestry operations, including commercial hog farms, to a sum related to the diminished value of their property. It would bar them from receiving compensation for damages related to health, quality of life, enjoyment of property, or lost income.” [Civil Eats, 5/9/17]
H.B. 467 Limited Compensatory Damages To The Fair Market Value Of A Plaintiff’s Property For Permanent Nuisances. “SECTION 1. Article 57 of Chapter 106 of the General Statutes is amended by adding a new section to read: ‘§ 106-702. Limitations on private nuisance actions against agricultural and forestry operations. (a) The compensatory damages that may be awarded to a plaintiff for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation shall be as follows: (1) If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not to exceed the fair market value of the property. (2) If the nuisance is a temporary nuisance, compensatory damages shall be limited to the diminution of the fair rental value of the plaintiff's property caused by the nuisance.’” [North Carolina General Assembly, H.B. 467, 5/10/17]
H.B. 467 Limited Compensatory Damages To The Diminished Fair Rental Value Of A Plaintiff’s Property For Temporary Nuisances. “SECTION 1. Article 57 of Chapter 106 of the General Statutes is amended by adding a new section to read: ‘§ 106-702. Limitations on private nuisance actions against agricultural and forestry operations. (a) The compensatory damages that may be awarded to a plaintiff for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation shall be as follows: (1) If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not to exceed the fair market value of the property. (2) If the nuisance is a temporary nuisance, compensatory damages shall be limited to the diminution of the fair rental value of the plaintiff's property caused by the nuisance.’” [North Carolina General Assembly, H.B. 467, 5/10/17]
Eastern North Carolina Led The Nation In Hog Farming
Eastern North Carolina Led The Nation In Hog Farming. “North Carolina is one of the nation’s leading hog producers with more than 2,000 permitted farms. Most of them are in eastern North Carolina. Sampson and Duplin County, alone, account for about 40 percent of all the pigs and hogs raised in our state.” [North Carolina Pork Council, Hogs, 12/1/16]
Image: see original report, p. 64
[North Carolina Pork Council, Hogs, 12/1/16]
Gov. Roy Cooper Vetoed H.B. 467 And Said Weakening Nuisance Laws Could Create “Real Harm To Homeowners, The Environment, And Everyday North Carolinians”
Gov. Roy Cooper Vetoed H.B. 467. “Gov. Roy Cooper slammed down another veto Friday, his fourth of this legislative term. Cooper vetoed House Bill 467, which would reduce the liability hog farmers face for the nuisance caused by stenches wafting from their operations.” [WUNC News, 5/5/17]
Cooper: “Special Protection For One Industry Opens The Door To Weakening Our Nuisance Laws In Other Areas Which Can Allow Real Harm To Homeowners, The Environment And Everyday North Carolinians.” “In a statement, Cooper defended his veto: ‘The agriculture and forestry industries are vital to our economy and we should encourage them to thrive,’ he said. ‘But nuisance laws can be used to protect property rights and make changes for good. We used nuisance laws to force the Tennessee Valley Authority to stop air pollution from flowing into North Carolina and we won damages to improve air quality.’ Cooper further argued that no industry should receive special protections from nuisance laws. ‘Special protection for one industry opens the door to weakening our nuisance laws in other areas which can allow real harm to homeowners, the environment and everyday North Carolinians,’ he said.” [WUNC News, 5/5/17]