S.B. 827
VETOES
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.
May 22, 1997
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed Senate Bill 827.
This bill authorizes the Dorchester County Commissioners to adopt an ordinance to
protect a person's right to farm or engage in agricultural or forestry operations. The
county may prohibit a private action against such operations if, the agricultural or forestry
operation has been underway for at least one year and the operation did not constitute a
nuisance from its existence, and the agricultural or forestry operation is conducted
substantially in accordance with generally accepted industry practices. The county must
also establish a grievance process to handle claims of nuisances. The county may require
a person claiming a nuisance as a result of agricultural or forestry operations to arbitrate
the claim before the grievance committee before maintaining a private action in court. If
the grievance committee finds in favor of the person against whom the complaint was
made, the person claiming a nuisance must pay the costs of the arbitration proceeding
and the reasonable expenses, including attorney fees, incurred by the other person.
House Bill 562, which was passed by the General Assembly and signed by me on this date,
accomplishes the same purpose. Therefore, it is not necessary for me to sign Senate Bill
827.
Sincerely,
Parris N. Glendening
Governor
Senate Bill No. 827
AN ACT concerning
Dorchester County - Right to Farm Law
FOR the purpose of authorizing the County Commissioners of Dorchester County to
adopt an ordinance to protect the right to farm and to engage in agricultural or
forestry operations; authorizing the County Commissioners to provide for persons
who engage in agricultural or forestry operations to be immune from private
nuisance actions involving agricultural or forestry operations in certain
circumstances; authorizing the County Commissioners to establish a grievance
committee to arbitrate disputes involving agricultural or forestry operations;
authorizing the County Commissioners to require a person claiming a nuisance
involving agricultural or forestry operations to seek and obtain relief from the
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