For the second time in two years, North Carolina lawmakers voted to cut back on the ability of state residents to seek redress in court when nearby farms or forestry activities cause them a loss in use or value of their property.
The state House voted on Wednesday to tentatively approve Senate Bill 711, "Clarify and Amend North Carolina Right to Farm Law," which was passed Monday by the Senate. A final House vote on the measure is scheduled for Thursday.
The bill seems primarily intended to limit the ability of North Carolinians to seek court-ordered compensation from neighboring factory hog farms for foul odors and noxious animal waste spray.
The legislature has passed laws that restrict the amount neighbors of farming and forestry operations may seek for nuisance claims. A recent jury award in a nuisance lawsuit against Smithfield Foods was therefore reduced from $50 million to $2.5 million.
"Today, the majority of N.C. House members sent a clear message to neighbors of large-scale hog operations: Protecting the world's largest pig and pork producer, Smithfield Foods, from nuisance lawsuit cases in North Carolina courts is more important than protecting the legal rights and well-being of the state's residents," said Molly Diggins, state director of the N.C. Sierra Club.
"If S 711 becomes law, the legislation would create a new class within North Carolina's population: limited-rights citizens. We hope the fundamental unfairness of this measure becomes apparent to more of our state lawmakers before that happens."