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Georgia:Nuisance Bill in Legislature Will Harm Property Owners, Agriculture Community

A measure that has already passed the Georgia House of Representatives would be tremendously detrimental to private property owners and those in the agriculture community if it clears the state senate as well. The bill has pitted agricultural and conservation groups against each other as the state legislature has worked to further protect a number of bigger agriculture companies.House Bill 545, sponsored by House Agriculture Chairman Tom McCall, seeks to prohibit nuisance claims after one year of the establishment of an an agricultural facility, agricultural support facility,  or any operation at an agricultural support facility. The bill, which targets nuisance claims exclusively in the agriculture community, provides an exception to that 1-year timeline in the event that a facility expands, changes ownership, or changes purpose only to the extent that said change or growth requires approval by a state agency or authorization by a local zoning board.  An agricultural operation can be something as simple as a roadside market or honeybee farm to something more complex like the application of pesticides or the manufacturing of feed for poultry, livestock or forestry products.

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