South Carolina General Assembly
103rd Session, 1979-1980

Bill 920


                    Current Status

Bill Number:               920
Ratification Number:       534
Act Number                 452
Introducing Body:          Senate
Subject:                   Certain agriculture operations not be
                           considered nuisances
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A452, R534, S920)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 46 SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL OPERATIONS SHALL NOT BE CONSIDERED NUISANCES.

Be it enacted by the General Assembly of the State of South Carolina:

Certain agriculture operations not be considered nuisances

Section 1. The 1976 Code is amended by adding to Title 46:

"Chapter 45

Section 46-45-10. The General Assembly finds that:

(1) The policy of the State is to conserve, protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products.

(2) When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits and as a result (a) agricultural operations are sometimes forced to cease and (b) many persons are discouraged from making investments in farm improvements.

(3) This chapter is enacted to reduce the loss to the State of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.

Section 46-45-20. For purposes of this chapter 'agricultural operation' includes, without limitation, any facility for the production for commercial purposes of crops, livestock, poultry, livestock or poultry products.

Section 46-45-30. No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in or about the locality of the operation after it has been in operation for more than one year when such operation was not a nuisance at the time it began. The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.

Section 46-45-40. The provisions of Section 46-45-30 shall not affect or defeat the right of any person to recover damages for any injuries or damages sustained by him on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow on lands of any such person.

Section 46-45-50. Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement as a nuisance in derogation of this chapter shall be null and void. The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances. The provisions of this section shall not apply whenever a nuisance results from an agricultural operation located within the corporate limits of any city."

Time effective

Section 2. This act shall take effect upon approval by the Governor.