[Date Prev][Date Next][Date Index]

E-M:/ RE: / Right to Farm and Takings



-------------------------------------------------------------------------
Enviro-Mich message from "Harris, Craig" <Craig.Harris@ssc.msu.edu>
-------------------------------------------------------------------------

anne,
i can see the validity of your distinction based on the two ends of a
continuum, but i wonder about cases that might fall in the middle of the
continuum . . . assume a traditional family-sized hog farm that is not
making much money . . . assume that almost all the sources of information
available to the farm operator(s) are saying that to become profitable, the
farm has to get larger and more intensive . . . in this sense, some would
argue that the model hog farm of the 1950's is not the model hog farm of the
1990's  . . . is that updated hog farm a pre-existing nuisance, or is it a
new facility
cheers,
craig


> ----------
> From:
> anne.woiwode@sfsierra.sierraclub.org[SMTP:anne.woiwode@sfsierra.sierraclub
> .org]
> Reply To: 	anne.woiwode@sfsierra.sierraclub.org
> Sent: 	Wednesday 24 February 1999 11:55 AM
> To: 	enviro-mich@great-lakes.net
> Subject: 	E-M:/ Right to Farm and Takings
> 
> -------------------------------------------------------------------------
> Enviro-Mich message from anne.woiwode@sfsierra.sierraclub.org
> -------------------------------------------------------------------------
> 
> 
> I think there is an important distinction to be made here between the
> valid
> existing right of a preexisting nuisance, which is already protected under
> the
> law through common law applications, and the type of broad preemption of
> the
> rights of citizens to bring a nuisance suit against a facility that is
> impinging on their rights to enjoyment and use of property.  
> 
> The Right to Farm laws, and Michigan's goes farther than any other that I
> am
> aware of, take away the right of a neighbor to protect his/her property
> interests against a facility by preempting their right to bring a nuisance
> claim against that facility.  That sweeping preemption has no validity,
> from
> my point of view, and that is what has been struck down.  A case in point
> is
> that a family in Midland County this year has been awarded a 20%
> devaluation
> of their property for tax purposes by the MI Tax Tribunal after being
> unable
> to convince the MDA that a hog hotel next door to them was taking away
> their
> right to enjoy and use their property.  This family had tried through
> local
> zoning avenues to get the facility put farther away from their home, and
> had
> filed complaints to MDA which were dismissed.  RTF took away their right
> to
> pursue a court effort to protect their property rights by getting the
> facility
> to address the problems of odor, and so their only option was to seek to
> diminish the value of their property.  The state law "took" their option
> to
> pursue what in any other situation would be a legitimate claim in court.
> 
> I strongly believe existing farm operations must be protected from
> neighbors
> who move in and then don't like the smell, but that is already provided
> for in
> common law.  Yes, farm operations take grief from ignorant suburbanites
> whose
> entire view of farms was from the television, and they should be supported
> in
> their attempt to protect themselves.  But extending the right beyond that
> common law protection of an existing nuisance to foist onto neighbors an
> offensive and potentially environmentally hazardous facility is a breach
> of
> the rights of those neighbors -- no other type of endeavor gets that kind
> of
> sweeping preemption.
> 
> Anyone who questions whether there is a need to address this need only
> look at
> the Michigan Land Use Institute report on these facilities in Michigan
> that
> was issued in the last week and one half.  Farms must be protected, but
> not to
> the extent that agricultural operations run rampant over the rights of
> their
> neighbors.
> 
> Anne Woiwode
> 
> 
> 
> ==============================================================
> ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
> and Conservation Issues and Michigan-based Citizen Action.   Archives at
> http://www.great-lakes.net/lists/enviro-mich/
> 
> Postings to:  enviro-mich@great-lakes.net      For info, send email to
> majordomo@great-lakes.net  with a one-line message body of  "info
> enviro-mich"
> ==============================================================
> 

==============================================================
ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at
http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"
==============================================================