[AT] Should Farming Be A Right?

[David Bruce]

We had a similar issue here in Yadkin County a few years ago.  A small 
subdivision was built just about the flood plain of the Yadkin River 
(near the Forsyth County water treatment plant that Charlie knows. 
Across the road from this subdivision are several small business 
operations. One had out grown their facilities and wished to build an 
office building on the other side of the road which was almost adjacent 
to the subdivision. Of course there was a huge hue and cry "not in my 
backyard". This was for a rather small office building. After about a 
year of infighting the building permit was issued.

So far in my community there is not much of such in part because the 
farmers but as some of the farm families die off I suspect we will have 
those battles.

David
NW NC

On 9/11/2014 2:37 PM, charlie hill 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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