ACT NOW and tell the North Carolina House of Representatives to Vote No on SB711, the 2018 NC Farm Act.

Sections 9 & 10 of the NC Farm Act of 2018 (SB711) were written with one purpose in mind, to shield Smithfield Foods – an out-of-state company owned by Chinese business interests – from a lawsuit brought by people who live near industrial hog farms in Eastern North Carolina.

Sections 9 & 10 are wide-sweeping, and effectively remove the common law of nuisance – one of the basic tools for the public to protect their communities from agricultural polluters. Imagine if a big animal operation moved in across your street and your home value plummets because of the noise, pollution and smell. Under SB711, you would not be able to go to court to protect your family or to recover damages to your home value, not unless your new neighbor is violating some other law. Even then, that may not be enough.

The FACTS about the 2018 Farm Bill and Its Assault on NC Property Rights

Supporters of SB711 say it is needed to protect NC farmers.

FACT: The hog-related provisions of SB711 will protect one company: Smithfield Foods – now owned by Chinese business interests – with more than 3 billion in annual hog sales from a lawsuit currently being litigated RIGHT NOW in federal court by NC attorneys on behalf of NC citizens who live near industrial hog farms in Eastern NC.

Smithfield claims that without the public nuisance provisions in SB711, it will be forced to leave NC.

FACT: Smithfield made similar threats when it faced similar legal challenges from the Missouri Attorney General. After a court order forced the company to cover hog lagoons in the state and make other changes to control odors, Smithfield complied and continues to make handsome profits from its Missouri operations.

Supporters of SB711 say Smithfield cannot afford the changes in hog lagoon operations the lawsuit may force the company to make.

FACT: Smithfield can easily afford to upgrade its NC operations. This out-of-state company owned by a Chinese conglomerate earns about $2 billion in annual profits on $20 billion in hog-related revenues; the top four executives at Smithfield got paid $245 million between 2010 and 2015.

Supporters say SB711 will not hurt NC property rights

FACT: SB771 effectively removes the common law of nuisance – one of the basic tools to protect property rights – and all but removes the right of citizens, local governments and the state seek relief in court. Indeed, under SB711, the right to go to court is basically eliminated even if the source of the nuisance moves in after you. Example: a big animal operation moves in across the street from your home. Your property values plummet because of the noise, pollution and smell. Under SB711, you cannot go to court to protect your property unless there is some other law your new neighbor is violating. Even then, that may not be enough.

Property attorney and former GOP Rep. Paul “Skip” Stam says the public nuisance sections of SB711 “are a serious and direct threat to the private property rights of citizens throughout the state.”

Writing to several legislators on June 6, former NC Supreme Court Justice Robert F. Orr said that the nuisance sections of SB711 “would substantially infringe and deprive your constituents all across our State of fundamental property rights.”