05 LC
25 3818
Senate
Bill 26
By:
Senators Cagle of the 49th, Bulloch of the 11th, Stephens of the 27th and
Pearson of the 51st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to
treatment of agricultural facilities and operations and forest land as
nuisances, so as to provide for legislative declarations; to define a term; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment
of agricultural facilities and operations and forest land as nuisances, is
amended by striking subsection (a) and inserting in lieu thereof the
following:
"(a)
It is the declared policy of the state to conserve, protect, and encourage the
development and improvement of its agricultural and forest land and facilities
for the production or distribution of food and other agricultural products,
including without limitation forest products. When nonagricultural land uses
extend into agricultural or agriculture-supporting industrial or commercial
areas or forest land or when there are changed conditions in or around the
locality of an agricultural facility or agricultural support facility, such
operations often become the subject of nuisance actions. As a result, such
facilities are sometimes forced to cease operations. Many others are discouraged
from making investments in agricultural support facilities or farm improvements
or adopting new related technology or methods. It is the purpose of this Code
section to reduce losses of the state´s agricultural and forest land
resources and
facilities by limiting the circumstances
under which agricultural facilities and operations or agricultural support
facilities may be deemed to be a
nuisance."
SECTION
2.
Said
Code section is further amended by striking paragraph (2) of subsection (b) and
inserting in lieu thereof the following:
"(2)
'Agricultural facility' includes, but is not limited to, any land, building,
structure, pond, impoundment, appurtenance, machinery, or equipment which is
used for the commercial production or processing of crops, livestock, animals,
poultry,
poultry
by-products, meat by-products, honeybees,
honeybee products, livestock products, poultry products, timber, forest
products, or products which are used in commercial aquaculture. Such term shall
also include any farm labor camp or facilities for migrant farm
workers."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.