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Re: E-M:/ Urban Sprawl & Takings collide!



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Enviro-Mich message from "Grant Trigger" <GRT@honigman.com>
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I grew up on a family farm (which my brother still operates) and I can assure you that these laws are helpful - particularly where development encroaches on the farming community. Ask the mushroom farmers in Macomb county who are no longer in business because owners of new homes did not like their "new neighbor"  On the takings side that is an entirely different issue.
Odors and dust, at times, are a part of farm life - if you do not like that don't live in a farming community.  Some of this reminds me of the attempts to blame ozone problems on cow flatulence. 
>>> Frank Ambrose <fambrose@bloomington.in.us> 02/23 1:24 PM >>>
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Enviro-Mich message from Frank Ambrose <fambrose@bloomington.in.us>
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As I understand it, the right to farm legislation is not so much to defend
family farms, but to rather defend agribusiness and factory farms. 

Most family farms do not produce enough of a smell or noise, as they are
small operations, but the factory farms do produce the horrible stenches 
and the very real possibility of environmental problems associated with
wastes. 

I consider this a good thing. To be able to hold the factory farm
accountable for the destruction they are causing. 

These laws do not really protect family farms. To do that you have to
limit the economic "development" oportunities for sprawling into the
farmland in terms of getting rid of public subsidies for roads and sewers 
for new developments. Limiting the lawsuits about smell and dust only
protects the guilty, the large agri-business/factory farm industry that is
the number one destroyer of family farms.


Frank Ambrose



On Tue, 23 Feb 1999, Mic
hael Boyce wrote:

> -------------------------------------------------------------------------
> Enviro-Mich message from Michael Boyce <birder@voyager.net>
> -------------------------------------------------------------------------
> 
> Court Rejects "Right to Farm" Law
> 
> WASHINGTON - The Supreme Court on Monday handed farmers a sharp defeat
> in their growing battle against "urban sprawl" in rural areas. The
> decision, stemming from an Iowa Supreme Court ruling, effectively
> invalidates the "right to farm" laws that are on the books in all 50
> states. The laws protect farmers from being sued by neighbors for the
> odors, noise or dust they produce. The justices let stand the Iowa
> ruling, which said the law diminishes the value of neighboring land by
> prohibiting lawsuits.
> 
> Is this another misguided "takings" ruling?  Doesn't this ruling suggest
> that "Right to Farm" laws amount to the government "taking" the farmers
> neighbors' land without paying them for it, thus declaring such laws
> unconstitutional?  Are the courts going to stand for potential reduction
> in property values as a basis for "takings?"  I would certainly hope
> not.
> 
> While it may (or may not?) be difficult for anyone to win a lawsuit
> brought against a farmer whose farm and farming practices were well
> established long before neighbors moved close, the burden of time and
> money necessary for farmers to defend their (rights?) activities against
> such seemingly frivolous lawsuits will undoubtedly hasten the extinction
> of the family farm.
> 
> Something must be done - but what?  anyone have any good ideas?
> 
> --
> Michael Boyce
> Baker Sanctuary Resident Manager
> Michigan Audubon Society
> birder@voyager.net 
> http://mas.mi.audubon.org/baker-sanctuary 
> 
> 
> 
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