Alt— Lancaster Farming, Saturday, May 1,1982
Twenty-six states have “Right-to-Farm” laws
The third type of legisfton
protects feedlots, dairy farms and
egg production operations from
nuisance liability if the activity
complies with federal and state
regulations and was started before
the complainant acquired his
property. lowa, Tennessee and
Wyoming have enacted this type of
law which places control in the
hands of the respective state
departments of health.
The fourth type of law protects
the “right to farm” against
specific nuisance charges as m
laws of Massachuseets and
Montana.
The Massachusetts statute
reads:
“That the order from normal
maintenance of livestock or the
spreading of manure upon
agricultural and horticultural
lands shall not be deemed to
constitute a nuisance.”
Montana adds:...“if the fanning
operation has been in operation
one year or more.”
PARK RIDGE, 111. - As urban
areas grow and expand into
agricultural areas the so-called
urban sprawl encroaches on
farmland.
Farmers of long standing m a
community often have to defend
their right to farm against ob
jections by their new city neigh
bors, according to Robert B.
Delano, president of the American
Farm Bureau Federation.
In a report prepared for the park
Ridge, 111. based farm
organization, Shep Quate, AFBF
associate director of natural and
environmental resources and
BELOIT, Wis. Competition
was stiff in the 1981 Brown Swiss
Ail American Contest with 196
entries submitted from 27 different
states. This made the 198 i Contest
the second largest contest ever in
numbers of entries and tied for
first in number of states. (There
were 197 entries in 1979 and 27
different states entered in 1971.'
The All Americans were selected
by the 36 judges of the All
American Qualifying Shows. The
SO Qualifying Shows include the
four national shows, state fairs and
state shows. To be eligible for
entry, an animal had to place first
or second at one of these shows.
Coopersburg breeder Gary Lee
Urmy received an All American
his junior heifer calf Buzzing
Acres Lucille.
In this 17th year of the contest,
there were no unanimous choices.
The only repeat individual winner
was Kruses Beautician Vuue
644583, who was last year’s All
American Three Year Old and this
year’s All American Four Year
Old. She is owned by Mr. and Mrs.
Larry Kruse and Family of
Earlville, lowa.
A first for the breed was
recorded when the junior get of
sire owned by Wayne E. Shker, St.
Paris, Ohio and Curt & Linda
Prune, Augusta, 'Maine was
named All American. All four
animals are full sisters and
brother. All are ET’s.
Sliker was also the only multiple
winner in the contest with All
American Junior Yearling Heifer,
Senior Yearling Bull, Three Year
Old Cow and Aged Cow. He also
owned several Reserve and
Honorable Mention All Americans.
The results of the contest follow:
Junior Bull Calf
All American Cal-Ticino Titan
Kit 177649, Edwin Genasci,
Modesto, CA
Senior Bull Calf
VB Prospect Fanfare
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Richard Taylor, staff attorney, not
how city dwellers often object to
odors, dust, noise and other in
cidents of established agricultural
operations.
“Even if a farmer is succesful in
defending his operation against
nuisance charges,’’ Taylor said,
“potential lawsuits are expensive,
tune consuming, aggravating and
frustrating.”
To prevent the loss of
agricultural resources, the
majority of states have enacted
some type of “right to farm” laws,
said Quate, with thirty-five states
curbing urban sprawl en-
Brown Swiss Assoc.
lists
All-Americans
177379, Voegeli Farm, Inc.,
Monticello, WI.
Junior Yearling Bull
A A Ventures Elegant
Billionaire 178018, Notter’s
Venture-West, Inc., Holyoke, CO.
Senior Yearling Bull
AA Top Acres Stretchy
Lynson ET 176647, Wayne E.
Shker, St. Pans, OH and Curtis &
Linda Prune, Augusta, ME.
AA Buzzing Acres Lucille
689450, Gary Lee Urmy, Cooper
sburg, Pa.
AA Golden Dawn Comb
Dairyman 687861, A-G Swiss
Farms, Decorah, lA.
Senior Yearling Heifer
AA Bnerwood Fawna Eye
690723, Ronald & Sally Paaske,
Hillsdale, IL.
Junior Yearling Heifer
AA Top Acres Success Lusty
678892, Wayne E. Shker, St. Pans
OH.
AA Top Acres Stretchy
Lynelle ET 676838, Wayne E.
Shker, St. Pans OH.
AA Idyl Wild Improver Jinx
■664521, Douglas D. Massmgill,
Aumsville, OR.
AA Nome Elegant Emryss,
654652, Wayne E. Sliker, St. Paris,
OH.
AA Kruses Beautician Vixie
644583, Mr. and Mrs. Larry Kruse
& Family, Earlviile, lA.
Aged Cow
AA Alfalfa Meadows Sueann
S. 629476, Wayne E. Sliker, St.
Paris OH.
AA White Cloud Jason’s
Elegant 148551, Wayne E. Sliker,
St. Paris OH.
Beit Three Females
AA Pete Vanderham Dairy,
y 2 MILE NORTH OF
CLUGSTON’S IMPLEMENT INC.
John Oooro Equip. Salts & Servlco
3213 Black Gap Rd
Chamborsburg, Pa.
Junior Heifer Calf
Intermediate Heifer Calf
Senior Yearling Heifer
Two Year Old
Three Year Old
Four Year Old
Senior Get Of Sire
283-4103
croachment on farmland, b $
enacting one of our general types
of legislation. Pennsylvania’s
Right to Farm legislation is
currently under consideration in
the Senate.
Most popular among the forms of
such legislation is a statute which
provides that a court cannot
declare a farming operation to be a
nuisance if: The operation did not
constitute a nuisance when it
began, if the claim is based only on
changing conditions in the locality;
the operation had existed for at
least one year before the filing of
the lawsuit, the alleged nuisance
Inc. & Jim Vanderham, Mira
Loma, CA.
Produce of Dam
AA Nolandale Stretdue Cindy
579800, Tom Nolan & Doug Nolan,
Pontiac, IL.
Junior Get of Sire
AA Welcome In Stretch 143612,
Wayne E. Sliker, St Paris, OH &
Curtis & Linda Prime, Augusta,
Me.
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did not result from negligence or
improper operation of the
agricultural business and- the
activity being criticized does not
involve water pollution or flooding.
The 26 states that have adopted
this type of “right to farm” law
are: Alabama, Arkansas, Con
necticut, Delaware, Florida,
Georgia, Idaho, Illinois, Indiana,
Kentuck, Maine, California,
Maryland, Mississippi, Michigan,
North Carolina, North Dakota,
New Hampshire, New York,
Orgegon, South Carolina, Texas,
Virginia, Utah, Wisconsin and
Ohio.
A second type of statute has been
endorsed by Arizona, Oklahoma,
Vermont and Washington to
establish “right to farm” based on
consistent use of good agricultural
practices and prior establishment.
Meeting these criteria the business
qualifies as “reasonable and not a
nuisance” unless the activity has
“substantial adverse” affect on
public health and safety.
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