C4-Lancastcr Farming, Saturday, January 28, 1995 URBAN DEVELOPMENT/ RIGHT-TO-FARM Paul H. Patterson, Ph.D. Assistant Professor Poultry Science This past fall I had the opportun ity to hear two interesting presen tations regarding urban vs. agricul ture conflicts and right-to-farm issues. As poultry and other lives tock operations come in closer contact with new urban and rural neighbors, being a good neighbor is not only the right thing to do from a neighborly standpoint, it may very well discourage litiga tion by urban neighbors that don’t fully understand the needs and requirements of your farming operation. Greg Andrews from the Pork Producers Environmental Law Education Network at Drake Uni versity in Des Moines, lowa pre sented “The Future of Urban Vs. Agriculture Conflicts” at the recently held Regional Extension Poultry Specialist Workshop in Asheville, N.C. Andrews said nui sance complaints have been a hot issue recently with a lot of lives tock producers involved in law suits. The basis of his advice to producers comes from research summarized in a book completed by Professor Neil Hamilton, entitled, “A Livestock Producer’s Legal Guide To Nuisance, Land Use Control, and Environmental Law”. The restrictions on agricultural production are more and more pre valent. For example, recently the Environmental Law Education office received a call from the city All-Plant LIQUID PLANT FOOD 9-18-9 PLUS OTHERS! • Contains 100% white ortho phosphoric $ acid. Made in USA. 4 • Non-corrosive. Won’t settle. | • Top quality. Excellent service • Newest equipment. 6 • Financially sound... and growing l \ Big Demand Requires More Distributors! f □ I sell to farmers. How do I become your distributor? □ I’m a farmer. What’s the price? Where do I get it? CALL or SEND FOR FACTS: Phone 814-364-1349 ALL-PLANT LIQUID PLANT FOOD, INC. 821 State Rd. 511N..RFD3, clerk of Miloy, lowa, population 41, asking what ordinances they can pass to restrict fanning opera tions within and adjacent to their town. Many of the small cities have large boundaries and several farm operations are within the city limit. One of the things many states did in the late 1970 s and early 1980 s was pass right-to-farm laws. Many of the laws were clarifica tions of the rights coming from the nuisance doctrine. The nuisance doctrine simply says if you are there first, you get to continue. Therefore, they should have to put up with it. Frankly, the right-to-farm laws have proved to be of limited effec tiveness. An example was a case in lowa where a feedlot was pro tected under the Right-To-Farm Law, but not the spreading of man ure which one would think was an integral part of the feedlot. The problem with the Right-To- Farm Law forjudges is you should not be allowed to spread manure, for example, to the extent that your neighbor is so disturbed that he can’t enjoy his property. Other examples where right-to-farm laws were not effective is when there is a change in the farming operation, for example, the farm expanded and shifted from one kind of production to another. The poultry farm shifted from dry litter to wet litter, and because of the shift, the Right-To-Farm Law would no longer apply. Two other points Andrews made were: 1) when legislation is enacted to restrict others, it normally restricts The Pennsylvania FFA Foundation announces The fourth in a series of Limited Edition tractors produced by the ERTL Company. This year's tractor will be a special version of the l/16th scale Farmall F-20 tractor An FFA emblem will appear on the seat, and the tractor chassis will have a die-cast insert reading: This 1995 Limited Edition Tractor is available for $35.00 which includes shipping and handling. A limited quantity of the 2nd edition-1993 tractors remain for sale at a cost of $45.00. Third edition-1994 are available at $35.00. The 1992 First Edition of the series is sold out! Each tractor comes packaged in it's own special collectors box and includes a certificate of authenticity. Only orders including payment; checks. Master Card orVisa, will be accepted. Make check payable to: The Pennsylvania FFA Foundation. Credit card orders made be placed by calling (800) 523 - 5291 extension 8397. All other orders should be mailed to: Stephen R. Kline, Treasurer PA FFA Foundation Markley Lane, P.O. Box 54 Beaver Springs, PA 17812 Name Street Address (No P.O. Boxes please) City State; Phone: ( you. An example is when agricul tural land is placed in an agricul tural preservation zone with the good intentions of keeping it in agriculture. But many people see their land as their retirement and may want to develop and or sell off land in their old age. 2)lt is not us vs. them anymore. Some extremely large livestock operations are coming into central lowa under an agriculture exemp tion from county zoning. Probably it was never the intention of these laws to allow such an enterprise, but rather a typical farm during the period when the law was enacted in 1946. Michael Olexa with the Food and Resource Economics Depart ment at the University of Florida discussed “Nuisance Compliant Legislation” and what it could mean to poultry farms and their owners. His presentation was made at the 1994 National Poultry Waste Management Symposium held in Athens, Ga. last fall. Olexa pointed out that today, knowledge of specific areas of law such as environmental law and common law liability is becoming as critical for the operation of a farm as knowledge of traffic laws is for the operation of an automobile. Com mon law of torts imposes standards of behavior to deter wrongful, negligent, or unreasonable danger ous conduct and provides compen sation for victims of such conduct A tort is an act or omission that is deemed blameworthy. To agricul ture, common law is much broad er, addressing the reasonableness of all aspects of husbandry practices. Nuisances affecting the public or private individuals have tradi tionally been the most widely used theory in environmental pollution actions. An example might involve animal waste runoff, or flies inter fering with the public’s right to safe drinking water. A public offi cial could obtain an injunction stopping the activity creating the nuisance and an adjacent landow ner may recover money damages through a private nuisance action. Zip A private nuisance must involve a substantial interference with another’s use and enjoyment of land, such as exposing one to undue noise or unsightly appear ance. It must be wrongful either by being intentional and unreasonable or from negligence, recklessness pr abnormally dangerous activities. In nearly every state, right-to farm laws may give limited protec tion as a defense to a nuisance action. However, this defense is limited because it does not affect the enforceability of antipollution ST. LOUIS, Mo. Willard Haas of Klingerstown, Pa., has been appointed to serve as a mem ber of the United Soybean Board (USB) by Secretary of Agriculture Mike Espy. Haas, who was nominated for the post by the Pennsylvania Soy bean Association, was seated at the organization’s annual meeting here in December 1994. In addi tion to serving as one of the 63 farmer-directors of USB, Haas was appointed to the international consumption committee. Haas, his wife June, son Ste phen and wife Virginia, farm about 1,400 acres of soybeans, com, and wheat in the Klingers town area. He also has a poultry operation of about 235,000 layers. Haas has been active in the Penn sylvania Soybean Association for a number of years, and was a school director for 10 years. The USB manages soybean growers’ investment in the National Soybean Checkoff, which funds research and market ing programs for soybean grow ers, who contribute A of 1 percent of the value of their crop when sold. Also at the meeting, Barry Mumby, Fulton, Mich., was re- Pennsylvania FFA's Fourth Limited Edition Tr RETURN BOTTOM PORTION WITH YOUR PAYMENT 1992 - Ist ||jOlidA (Farmall 350) 1993 - 2nd Edition (Farmall Super H) Quan. @ $45 = 1994 - 3rd Edition (Farmall Super MTA) Quan. @ $35 - 1995 - 4th Edition (Farmall F-20) Quan. @ $35 = PA FEA 65th Anniversary Winross Trucks Quan @ $5O = Total Enclosed = □ VISA. □ MASTERCARD Ag Secretary Appoints Haas ggj &p.Ds# laws. Olexa concluded by saying that knowledge of nuisance law is vital for farmers in rapidly developing areas with expanding populations. Knowing the potential for nui sance actions, and the available defenses, is one preparatory step a fanner can make. This article is distributed with the understanding that the author is not engaged in rendering legal advice, and the information con tained herein should not be regarded, or relied upon, as a sub stitute for professional legal advice. elected chairman. Jerry Slocum, Coldwater, Miss., was elected vice chairman of the board and appointed chairman of the audit and evaluation and strategic plan ning committees. He previously served as treasurer of USB. Russ Roe, Leßoy, Minn., was elected measurer and chairman of the budget and finance committee. Roc previously chaired the research committee. Betty Wiese, Versailles, 111., was elected secre tary. All officers are also members of the USB executive committee. In addition to elections and appointments, USB’s farmer directors reviewed and adopted the organizations’ strategic plan. The plan establishes long-range goals, objectives amd strategies to ensure coordinated use of check off funds for maximum benefit to soybean farmers and the industry. It also specifies research and promotional programs that create, expand and protect markets for U.S. soybeans at home and abroad. SlMlwhMls shown. Ourmodol •qulppad with rttabsr tins. i* vsl
Significant historical Pennsylvania newspapers