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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 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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