North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

The “Right to Commit Nuisance” in North Carolina: A Historical Analysis of the Right-to-Farm Act

September 30, 2016

94 N.C. L. Rev. 2097 (2016) 

 

Contrary to the original legislative intent, North Carolina’s RTF statute in its current form fails to strike an appropriate balance between protecting the state’s farmland and preserving the inherent right of neighboring landowners to the enjoyment of their property. This Comment addresses the potential limitations placed on plaintiffs seeking to bring a nuisance claim against a neighboring agricultural facility in North Carolina. It also evaluates the constitutional concerns raised by the recent amendments to the RTF statute and advocates for a narrower reading of the statute in light of its underlying purpose. 

 

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