Bill Text: NJ A766 | 2010-2011 | Regular Session | Introduced
Bill Title: Allows commercial farmer to recover reasonable costs and attorney fees of defending against unreasonable complaints under "Right to Farm Act."
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A766 Detail]
Download: New_Jersey-2010-A766-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Warren and Hunterdon)
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
SYNOPSIS
Allows commercial farmer to recover reasonable costs and attorney fees of defending against unreasonable complaints under "Right to Farm Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the filing of complaints about farming activities, and amending and supplementing P.L.1998, c.48.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1998, c.48 (C.4:1C-10.1) is amended to read as follows:
5. a. Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture development board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court.
b. In the event the dispute concerns activities that are addressed by an agricultural management practice recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the county board shall hold a public hearing and issue findings and recommendations within 60 days of the receipt of the complaint.
c. In the event the committee has not recommended an agricultural management practice concerning activities addressed by a complaint, the county board shall forward the complaint to the committee for a determination of whether the disputed agricultural operation constitutes a generally accepted agricultural operation or practice. Upon receipt of the complaint, the committee shall hold a public hearing and issue its decision, in writing, to the county board. The county board shall hold a public hearing and issue its findings and recommendations within 60 days of the receipt of the committee's decision.
d. Any person aggrieved by the decision of the county board shall appeal the decision to the committee within 10 days. The committee shall schedule a hearing and make a determination within 90 days of receipt of the petition for review.
e. The decision of the State Agriculture Development Committee shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court. Any decision of a county agriculture development board that is not appealed shall be binding.
f. A party who files a complaint against a commercial farm in connection with a commercial agricultural operation, activity or structure shall post a cash bond of $1,000 as security for the payment of the respondent's reasonable costs and attorney fees pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The bond shall be filed with the county board or committee together with the complaint. A complaint filed without the cash bond shall be dismissed.
(cf: P.L.1998, c.48, s.5)
2. (New section) A respondent who prevails in an action brought pursuant to section 5 of P.L.1998, c.48 (C.4:1C-10.1) because the commercial agricultural operation, activity or structure is found to be entitled to the irrebuttable presumption established in section 7 of P.L.1983, c.31 (C.4:1C-10) shall be awarded reasonable costs and attorney fees to be paid by the complainant.
A respondent seeking an award under this section shall submit an application to the county board or committee detailing the costs and attorney fees incurred in the defense of the complaint. If the application is approved by the county board or committee, the county board or committee shall pay to the respondent as much of the cash bond posted pursuant to subsection f. of section 5 of P.L.1998, c.48 (C.4:1C-10.1) as necessary to fulfill the award. If the bond is less than the award, the county board or committee shall issue an order requiring the complainant to pay the remaining amount of the award.
3. This act shall take effect immediately.
STATEMENT
This bill would amend the "Right to Farm Act" to strengthen the legal protections provided to farmers. Specifically, the bill would allow farmers to recover reasonable costs and attorney fees incurred in the defense of complaints against commercial agricultural operations, activities or structures found to conform to an agricultural management practice recommended by the State Agriculture Development Committee or whose specific operation or practice has been determined by the committee or the appropriate county agricultural development board to constitute a generally accepted agricultural operation or practice, and which does not violate any relevant State or federal law nor pose a direct threat to public health and safety.
Additionally, the bill would require a party filing a complaint against a commercial farm to post a cash bond in the amount of $1,000 at the time of the filing of the complaint as security for the possible payment of the farmer's reasonable costs and attorney fees in defending against an unreasonable complaint.
