Bill Text: DE SB265 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend The Delaware Code Relating To The Right To Farm And Public And Private Nuisance Actions.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2010-07-12 - Signed by Governor [SB265 Detail]
Download: Delaware-2009-SB265-Draft.html
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SPONSOR: |
Sen. Venables & Rep. Walls |
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Sens. Bunting, Cook & Ennis, Hall-Long, Reps. Atkins, Carson, Q. Johnson, Longhurst & Hocker |
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145th GENERAL ASSEMBLY |
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SENATE BILL NO. 265 |
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AN ACT TO AMEND THE |
Section 1.Amend §1401, Title 3, Delaware Code, by deleting the word "No" as found in the first sentence, and by substituting in lieu thereof the phrase, "Notwithstanding any law or regulation to the contrary, no", and further by deleting the phrase "state or federal law or any local or county ordinance", and by substituting in lieu thereof, the phrase "federal law".
Section
2.Amend §1401, Title 3,
"For purposes of this section, ‘agricultural operation' shall be defined as set forth in 10 Del.C. §8141(a)."
Section 3.Amend §8141(a), Title 10, Delaware code by adding new paragraphs (11) and (12), to read as follows:
"(11)Agricultural related infrastructure included, but not limited to grain elevators, bins, feed mills, silos, processors of agricultural products and suppliers of products used inagriculture;
(12)Transportation of an agricultural product to or from a market storage area, or to or from any agricultural related infrastructure as identified in paragraph (11) of this subsection."
Section 4.Amend §8141(e), Title 10, Delaware Code, by adding after the word "ordinances", the phrase "or regulations", and further by adding after the phrase "local government", the phrase "or state agency".
SYNOPSIS
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This Bill clarifies that all agricultural related operations be protected from both private and public nuisance actions, unless they result from negligence or improper operation or violate federal law. |
Author:Senator Venables
