H467 - Agriculture and Forestry Nuisance Remedies. (SL 2017-11)

Overview: S.L. 2017-11 limits the amount of compensatory damages that may be awarded in a private nuisance action against an agricultural or forestry operation to the fair market value or fair rental value of the plaintiff's property.

This act became effective May 11, 2017, and applies to causes of action commenced or brought on or after that date.

BACKGROUND: Nuisance law in North Carolina is governed by the common law. Private nuisance is defined as any unreasonable invasion of a person's interest in the private use and enjoyment of his or her land by any type of liability-forming conduct. Determining whether an interference is unreasonable is largely fact-specific and determined by the circumstances in each case.