[AT] Should Farming Be A Right?

[charlie hill]

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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