May 5, 2017
NC Sierra Club calls for support of Cooper's veto of agricultural nuisance bill
RALEIGH - Governor Cooper today (May 5) vetoed House Bill 467 "Agricultural and Forestry Nuisance Remedies," a bill that would limit the discretion of the courts to compensate landowners who’ve suffered a loss of use or value of their property due to neighboring farming or forestry activities. This would include odor from industrial hog operations.
House Bill 467 seems primarily intended to limit the ability of North Carolinians to seek redress in the courts for harm caused by neighboring factory hog farms in North Carolina. Many of North Carolina’s large-scale hog operations store millions of gallons of hog waste in open-air lagoons. As permitted by state regulations, the waste is periodically sprayed onto fields, but can drift onto neighboring properties. Many North Carolina families, some of whose residence preceded a factory hog farm being built on neighboring property, report suffering from odors and fumes despite state regulations intended to address odor. House Bill 467, if it becomes law, would limit the discretion of judges to compensate these landowners in nuisance cases.
Molly Diggins, state director of the NC Sierra Club, issued the following statement regarding the governor’s veto:
"We thank Governor Cooper for showing leadership to protect the rights of all North Carolinians to use and enjoy their properties no matter where they live, and to allow the courts to determine appropriate damages without interference from the Legislature.
"It's disappointing that the Legislature passed this bill to strip away legal rights of certain citizens, although these same rights are available to all other North Carolinians. But now legislators have a second chance to get it right and uphold Governor Cooper’s veto.
"While the majority of farming and forestry operations may not cause problems, there are outliers in any industry. Neighbors whose rights are harmed by these operations should be able to receive fair compensation under the law."