It is the declared policy of the State to conserve and protect and encourage the development and improvement of its agricultural land and forestland for the production of food, fiber, and other products. When other land uses extend into agricultural and forest areas, agricultural and forestry operations often become the subject of nuisance suits. As a result, agricultural and forestry operations are sometimes forced to cease. Many others are discouraged from making investments in farm and forest improvements. It is the purpose of this Article to reduce the loss to the State of its agricultural and forestry resources by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance. (1979, c. 202, s. 1; 1991 (Reg. Sess., 1992), c. 892, s. 1.)
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1983–2021 · leading case:
Durham v. Britt, 451 S.E.2d 1 (N.C. Ct. App. 1994).
Durham v. Britt, 451 S.E.2d 1 (N.C. Ct. App. 1994).
· cites it 4× “Defendant Britt’s answer set forth as an affirmative defense that because defendant Britt’s farm had been “operated as an agricultural operation since the mid 1960’s,” plaintiff’s action for common law nuisance was barred under North Carolina General Statutes §§ 106-700 and…”
Baucom's Nursery v. Mecklenburg Cnty., Nc, 303 S.E.2d 236 (N.C. Ct. App. 1983).
“” G.S. 106-700. “It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the soil as essential to the health and welfare of our people .”
Barden v. Murphy-Brown Holdings, LLC (E.D.N.C. 2021).
· cites it 3× “” N.C. Gen. Stat. § 106-700 . In furtherance of that purpose, it places certain requirements on a plaintiff to successfully assert a nuisance claim against agricultural and forestry operations.”
Lewis v. Murphy-Brown, LLC (E.D.N.C. 2020).
· cites it 2× “See N.C. Gen. Stat. § 106-700 (“It is the purpose of this Article to reduce the loss to the State of its agricultural and forestry resources by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance.”
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