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
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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
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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-
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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
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