[AT] Should Farming Be A Right?

charlie hill charliehill at embarqmail.com
Thu Sep 11 13:58:59 PDT 2014


David we had one situation about 20 years ago where a bunch of transplants
incorporated the development they live in and attempted to do a forced 
annexation
on an adjoining hog farm that's been there since the 60's with the express
and openly stated purpose of shutting the farm down.  They raised so much
fuss about it that finally our then state representative drafted a bill to 
revoke
their city charter and threatened to have it voted into law if they didn't 
back off.
At the time that farm was a huge operation and was the biggest corn buyer
for about a 100 mile radius.

Charlie
-----Original Message----- 
From: David Bruce
Sent: Thursday, September 11, 2014 3:20 PM
To: Antique tractor email discussion group
Subject: Re: [AT] Should Farming Be A Right?

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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