Right to farm laws in the United States deny nuisance lawsuits against farmers who use accepted and standard farming practices and have been in prior operation even if these practices harm or bother adjacent property owners or the general public. Agricultural nuisances may include noise, odors, visual clutter and dangerous structures. All 50 states have some form of Right to Farm law.
Many of these laws were passed after 1980 because of the reduction of available farmland, adversity from private and public nuisance actions, which hinder the prospect of farming. The laws are aimed to minimize the threat to normal farming practices from nuisance litigation and prohibitive state and local government regulation. In contrast to typical farmland preservation policies, which aim to preserve farmland itself, Right to Farm laws attempt to preserve the agricultural practices and enhance farm viability. [1]
Local laws represent support for farming practices by a community and are often so more refined and clearer than state laws; they typically define the extent of protection farmers actually receive from nuisance suits and inappropriate regulation.
Right to farm laws vary across the nation. They are intended to bolster the legitimacy of agricultural concerns, defend farmers against undue outside interference, and minimize or resolve public and private land use conflicts. In a broader sense the notion originally referred to relief from all kinds of undue interference, usually involving legal interpretations focused on nuisance issues such as noise, odors, environmental, visual, farm technology, etc. This is partly because it is a modification of the common law doctrine of nuisance. [3] Common law nuisances are seen as private or public nuisances. A public nuisance impairs the health, safety, morals, and comfort of the general community without necessarily harming particular property rights in any way. A private nuisance unreasonably interferes with the use and enjoyment of another's land. [4]
For a nuisance for which the law will provide a remedy, there must he a substantial and unreasonable interference with the property interest being asserted. The interference can be negligent or intentional. In the course of farm operations, an action constituting a nuisance will be deemed intentional even if it is unintended, if it is a likely consequence of the farmer's otherwise protected farming activities. For example, the drifting of sprayed farm pesticides onto a neighbor's land is considered an intentional nuisance even though this particular result is unintended. [4]
Right-to-farm policies vary at different policy levels, resulting in inconsistent interpretations regarding what constitutes an 'agrarian district' or 'proper' agrarian practice. Government officials may intervene and enact such laws for resource preservation or municipal management purposes, but states and their respective localities are usually left to their own devices. In New York, the NYSDAM (New York State Department of Agriculture & Markets) evaluates nuisance lawsuits on a case-by-case basis. As per §308 of New York's Right-To-Farm Statute, farm owners and operators are protected from private nuisance suits "provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the commissioner". [5] Further, New York's policy does not protect against damages for personal injury or wrongful death claims, nor does it apply to public nuisances. Note that this policy definition may influence stakeholders to obtain farmland in states where their interests are protected by that state's respective right-to-farm law.
The laws were developed in the 1970s as a response to suburban encroachment on agricultural land. The concern was that as farmland was converted to suburban developments, the new residents would bring lawsuits against the pre-existing farms complaining about agricultural noise, dust, and other nuisances. [6] The legal costs to defend themselves would tend to push farmers out of business, and the trend toward urbanization would accelerate. The laws were created as a way to protect small farmers from these lawsuits and thereby preserve the open space that made the communities attractive in the first place. Massachusetts passed the first right to farm law in 1979. [7]
In 1979, Pilesgrove Township, New Jersey enacted the state's first right-to-farm ordinance, protecting farming as a "natural right hereby ordained to exist as a permitted use everywhere in the Township of Pilesgrove." [8]
By 2015, every state has a similar law, but the details can vary. [9]
The utilization of right to farm policies for corporate agriculture can be considered a 'wicked problem'. These problems are shaped by "dynamic social and political factors as well as biophysical complexities", and an array of local, state, and government stakeholders. [10] These diverse actors result in a high degree of variability in terms of defining what is protected under respective right to farm laws. Thus, the initial intention of such policies was to preserve the nation's agrarian roots and support the small-scale farmer, potential for misappropriation exists. In 2014, the American Legislative Exchange Council financially backed Missouri's Right-to-Farm amendment (Amendment 1), fueling further controversy that Right-to-Farm laws are being enacted to assist corporate agriculture, not small family-owned farms and the traditional farming practices used by small farm owners. [11] In November 2016, Oklahoma voters defeated a Right-to-Farm bill (State Question 777) which garnered just 39.7 percent of the vote. [12] [13] State Question 777 was heavily backed by the Oklahoma Farm Bureau and by voters in the Oklahoma panhandle where the giant multinational agribusiness Seaboard Corporation has a pork production plant. [14]
Agrarianism is a social and political philosophy that advocates for a return to subsistence agriculture, family farming, widespread property ownership, and political decentralization. Those who adhere to agrarianism tend to value traditional forms of local community over urban modernity. Agrarian political parties sometimes aim to support the rights and sustainability of small farmers and poor peasants against the wealthy in society.
A farmer is a person engaged in agriculture, raising living organisms for food or raw materials. The term usually applies to people who do some combination of raising field crops, orchards, vineyards, poultry, or other livestock. A farmer might own the farmland or might work as a laborer on land owned by others. In most developed economies, a "farmer" is usually a farm owner (landowner), while employees of the farm are known as farm workers. However, in other older definitions a farmer was a person who promotes or improves the growth of plants, land, or crops or raises animals by labor and attention.
Pilesgrove Township is a township in Salem County, in the U.S. state of New Jersey. As of the 2020 United States census, the township's population was 4,183, an increase of 167 (+4.2%) from the 2010 census count of 4,016, which in turn reflected an increase of 93 (+2.4%) from the 3,923 counted in the 2000 census.
Corporate farming is the practice of large-scale agriculture on farms owned or greatly influenced by large companies. This includes corporate ownership of farms and the sale of agricultural products, as well as the roles of these companies in influencing agricultural education, research, and public policy through funding initiatives and lobbying efforts.
A family farm is generally understood to be a farm owned and/or operated by a family. It is sometimes considered to be an estate passed down by inheritance.
Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,
"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".
British Columbia's Agricultural Land Reserve (ALR) is a collection of land where agriculture is designated as the priority use. Farming is encouraged and non-agricultural uses are restricted.
The agrarian reforms in Cuba sought to break up large landholdings and redistribute land to those peasants who worked it, to cooperatives, and the state. Laws relating to land reform were implemented in a series of laws passed between 1959 and 1963 after the Cuban Revolution. The Institutio Nacional de Reforma Agraria (INRA)—an agency of the Cuban government responsible to implement the first and second Agrarian Reforms. The agency adapted the Soviet model of organisation—small collectives and large(er) state farms.
American Farmland Trust (AFT) is a non-profit organization in the United States with a mission to protect farmland, promote environmentally sound farming practices, and keep farmers on the land. AFT is staffed by farmers, policy experts, researchers, and scientists, and governed by a board of directors. Its headquarters are in Washington, D.C., and it has regional offices throughout the country. AFT also runs the Farmland Information Center, an online collection of information on farmland and ranchland protection and stewardship established as a public-private partnership with the USDA Natural Resources Conservation Service.
The Wild Farm Alliance (WFA) is a non-profit organization dedicated to increasing biodiversity by expanding the idea and practice of wild farming.
Farmland preservation is a joint effort by non-governmental organizations and local governments to set aside and protect examples of a region's farmland for the use, education, and enjoyment of future generations. They are operated mostly at state and local levels by government agencies or private entities such as land trusts and are designed to limit conversion of agricultural land to other uses that otherwise might have been more financially attractive to the land owner. Through different government programs and policy enactments farmers are able to preserve their land for growing crops and raising livestock. Every state provides tax relief through differential (preferential) assessment. Easements are a popular approach and allow the farms to remain operational. Less common approaches include establishing agricultural districts, using zoning to protect agricultural land, purchasing development rights, and transferable development rights. It is often a part of regional planning and national historic preservation. Farmland preservation efforts have been taking place across the United States, such as in Virginia, Minnesota, Maryland, Florida, and Connecticut.
Agriculture in the United Kingdom uses 69% of the country's land area, employs 1% of its workforce and contributes 0.5% of its gross value added. The UK currently produces about 54% of its domestic food consumption.
Rural Solidarity is a trade union of Polish farmers, established in late 1980 as part of the growing Solidarity movement. Its legalization became possible on February 19, 1981, when officials of the government of the People's Republic of Poland signed the so-called Rzeszów - Ustrzyki Dolne Agreement with striking farmers. Previously, Communist government had refused farmers’ right to self-organize, which caused widespread strikes, with the biggest wave taking place in January 1981. The Rural Solidarity was officially recognized on May 12, 1981, and, strongly backed by the Catholic Church of Poland, it claimed to represent at least half of Poland's 3.2 million smallholders.
Agricultural zoning is a land management tool that refers to local zoning designations made by local jurisdictions that are intended to protect farmland and farming activities from incompatible land uses. Agricultural zoning can specify many factors, such as the uses allowed, minimum lot size, the number of nonfarm dwellings allowed, or the size of a buffer separating farm and nonfarm properties. Some jurisdictions further subdivide agricultural zones to distinguish industrial farming from uses like rural residence farms and retirement farms on large lots.
Chinese property law has existed in various forms for centuries. After the Chinese Communist Revolution in 1949, most land is owned by collectivities or by the state; the Property Law of the People's Republic of China passed in 2007 codified property rights.
Agrarian reform and land reform have been a recurring theme of enormous consequence in world history. They are often highly political and have been achieved in many countries.
Collective farming and communal farming are various types of "agricultural production in which multiple farmers run their holdings as a joint enterprise". There are two broad types of communal farms: agricultural cooperatives, in which member-owners jointly engage in farming activities as a collective; and state farms, which are owned and directly run by a centralized government. The process by which farmland is aggregated is called collectivization. In some countries, there have been both state-run and cooperative-run variants. For example, the Soviet Union had both kolkhozy and sovkhozy.
Agrarian socialism is a political ideology that promotes social ownership of agrarian and agricultural production as opposed to private ownership. Agrarian socialism involves equally distributing agricultural land among collectivized peasant villages. Many agrarian socialist movements have tended to be rural, locally focused, and traditional. Governments and political parties seeking agrarian socialist policies have existed throughout the world, in regions including Europe, Asia, North America, Latin America, and Africa.
Agriculture played a major role in the early growth of Connecticut as one of the original 13 colonies that would form the United States of America, particularly in the Connecticut River valley which provides fertile soil, temperate climate and easy access to markets. As the Industrial Revolution helped focus capital on mercantile centers in the 19th century, Connecticut farmers over time ceded their relative economic and political influence.
Oklahoma State Question 777 was a referendum on a proposed amendment to the Oklahoma Constitution held in November 2016. The referendum attempted to exempt agriculture and agribusiness from compliance with state laws passed in 2015 and later, unless a "compelling state interest" was involved.
This By-Law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Rochester by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies, when done in compliance with applicable state laws, Town By-Laws and regulations. This By-Law shall apply to all jurisdictional areas within the Town.
Last April, the Pilesgrove Township Council passed New Jersey's first right-to-farm ordinance. It recognizes the farmers' right to go about their daily business as a 'natural right hereby ordained to exist as a permitted use everywhere in the Township of Pilesgrove.'