[AT] Should Farming Be A Right?

[rlgoss at twc.com]

I suspect that all happens because they grew up with indoor plumbing, Charlie, and don't realize that sewers keep people from experiencing the reality of life.


Larry

---- charlie hill <charliehill at embarqmail.com> wrote: 
> We have a problem in NC with longstanding livestock farms way out in the 
> county
> then over time the town spreads out to them.  The next farm over is sold to 
> a developer
> who builds houses that get sold to folks who retire here.  The almost 
> immediately try
> to force the livestock farm to shut down even though it's been there for 40 
> years and there
> is no place that the owner can move it to.   The same thing happens with 
> crop farmers.
> Subdivisions move in next door and the home owners start filing nuisance law 
> suits because
> the farmer has the audacity to spray his crops with pesticides and 
> herbicides.   Luckily
> NC already has fairly strong freedom to farm statutes on the books but the 
> outsiders keep
> trying to stop them from farming.  They even get themselves elected to town 
> and county
> boards and try to pass zoning laws to put the farmers out of business.  I 
> guess they never
> stop to wonder where their food comes from.
> 
> Someone tell me please why folks from the city move to the country because 
> they claim
> to love the rural lifestyle and then immediately start trying to turn it 
> into the city!!!!
> 
> Charlie
> 
> 
> 
> -----Original Message----- 
> From: John Slavin
> Sent: Thursday, September 11, 2014 1:19 PM
> To: at at lists.antique-tractor.com
> Subject: Re: [AT] Should Farming Be A Right?
> 
> > As the article mentioned, right to farm laws are on the books in all 50 
> > states and mean different things in different states.  I think what's 
> > novel and interesting in your example is they are trying to put it in the 
> > state constitution.  Seems unnecessary but maybe a lawyer here can tell us 
> > why a right to farm amendment is stronger than right to farm legislation.
> 
> Makes it stronger.  Statutes conflict with each all the time, and it's left 
> to judges to sort how to interpret them together.  When you put a law in the 
> constitution, it trumps statutes.  So say, for example you have a statute 
> that says you can't have a nuisance, ie, smelly farm, but you have a 
> constitutional provision that say you have an absolute right to farm. The 
> argument can be made, and I think successfully, that the constitution trumps 
> the statute.  Also would apply to state DNR regulations.  The only 
> limitation to this law will be other constitutional provision or federal law 
> (Federal law, even statutes and EPA regulations trump state law under the 
> theory of federal preemption).  But it will stop neighbors to hog 
> confinements from filing nuisance suits.
> 
> John
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