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HB 545 - Reduces Statute of Limitations for Certain Nuisance Lawsuits - Georgia Key Vote

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Title: Reduces Statute of Limitations for Certain Nuisance Lawsuits

Vote Smart's Synopsis:

Vote to pass a bill that reduces the statute of limitations for certain nuisance lawsuits.

Highlights:

 

  • Prohibits filing a nuisance action against an agricultural facility, agricultural operation, agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility, unless (Sec. 1):

    • The plaintiff legally possesses the real property affected by the conditions alleged to be a nuisance;

    • Such real property is located within 5 miles of the source of the activity alleged to cause the nuisance; and

    • The action is filed within 2 years after the nuisance occurs.

  • Specifies that the provisions of the above highlight do not apply when a nuisance results from the negligent, improper, or illegal operation of any such agricultural facility or operation (Sec. 1).

  • Specifies that the established date of operation is the date on which a facility or operation highlighted above commenced its operation (Sec. 1).

  • Specifies that the following fundamental changes do not divest an agricultural operation or facility named above a previously established date of operation (Sec. 1):

    • The addition or expansion of physical facilities;

    • The adoption of new technology; 

    • A change in the size of an operation or facility;

    • An interruption in operations for a period of 4 years or less; 

    • A change in the type of operation; 

    • The rebuilding or replacement of a physical facility that has been razed or destroyed as a result of routine maintenance, facility upgrades, or a natural disaster; and

    • A transfer of ownership.

  • Expands the definition of an “agricultural facility” to include any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment that is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees or their byproducts, livestock products, timber, forest, or products that are used in commercial aquaculture (Sec. 1).

See How Your Politicians Voted

Title: Reduces Statute of Limitations for Certain Nuisance Lawsuits

Vote Smart's Synopsis:

Vote to pass a bill that reduces the statute of limitations for certain nuisance lawsuits.

Highlights:

 

  • Prohibits filing a nuisance action against an agricultural facility, agricultural operation, agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility, unless (Sec. 1):

    • The plaintiff legally possesses the real property affected by the conditions alleged to be a nuisance;

    • Such real property is located within 5 miles of the source of the activity alleged to cause the nuisance; and

    • The action is filed within one year of the established date of operation of such facility or operation.

  • Specifies that the established date of operation is the date on which a facility or operation highlighted above commenced its operation (Sec. 1).

  • Specifies that if physical facilities of the agricultural operation or the agricultural support facility are subsequently added or expanded, new technology is adopted, a change in ownership or size occurs, a change in the type of agricultural operation occurs, or if operations are interrupted for a period of 5 years or less, the established date of operation for each change is not a separately and independently established date of operation (Sec. 1).

Title: Reduces Statute of Limitations for Certain Nuisance Lawsuits

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