
An amended version of a controversial hog-farm-protection bill, HB 467, passed the Senate Agriculture Committee Tuesday afternoon and is now headed to the Senate Rules Committee.
As the INDY has previously reported, HB 467 would restrict the amount of money property owners could collect in nuisance lawsuits filed against agricultural operations, including hog farms. If passed, it would essentially cap the damages property owners could collect in nuisance lawsuits at the fair market value of their property, which critics say is often made lower by the presence of commercial farms.
A particularly contentious (and legally dubious) part of the bill would have restricted such damages even for current nuisance lawsuitsโessentially nullifying twenty-six federal lawsuits pending against Murphy-Brown, the hog division of the powerful Smithfield Foods corporation. That provision was slashed in an amendment introduced in the Houseโs third reading of the bill in early April.
This afternoon, the Senate Agriculture Committee green-lighted an amendment brought forward by Senator Brent Jackson, a sponsor of the billโs Senate version, that clarified that pending legal actions wouldnโt apply to HB 467.
Though the bill would no longer apply to current nuisance litigation, it would impact all future suits filed against agriculture operations, which opponents and environmental advocates say is just as worrisome.
Indeed, criticsโincluding some senators at Tuesdayโs committee meetingโhave noted the billโs likely harmful and disproportionate impact on the low-income and minority communities living near commercial hog farms. They also expressed concerns about the billโs implications for private property rights.
โIs this bill going to have a disparate impact on families?โ Democratic Senator Erica Smith-Ingram asked. โHow are we going to deal with the disparate impact this will have on communities of color?โ
Jackson argued that there was a need for the bill, citing โfrivolous lawsuitsโ filed against farmers by lawyers from out of state. โThe industry cannot sustain this,โ he said.
Jacksonโan industry-friendly farmer who represents Duplin, Johnston, and Sampson countiesโmay be concerned about the livelihoods of some of his constituents. But, like many of his colleagues in the House, heโs also gotten money from the very industry that would benefit from the legislationโmore than $130,000, in fact, from the Murphy family (Murphy-Brown), Maxwell family (Goldsboro Milling, one of the biggest hog producers in the nation), Prestage family (another hog operation), Smithfield Foods, and the N.C. Pork Council.
Campaign finance information was collected at followthemoney.org and will be updated as more donations from Big Pork are discovered.


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