|
Right to Farm laws in the United States deny nuisance lawsuits against farmers who use accepted and standard farming practices and who 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 fifty states have some form of Right to Farm law. Many of these laws were passed after 1980 due to the reduction of available farmland, adversity from private and public nuisance actions which hinder the prospect of farming. Right to Farm laws are aimed to minimize the threat to normal farming practices due to 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. Locally Right to Farm laws represent support for farming practices by a community and, often so more refined and clearer than state laws. Local laws typically define the extent of protection farmers actually receive from nuisance suits and inappropriate regulation. Often times government officials enact Right to Farm laws in order to achieve agricultural resource preservation, environmental resource protection, and municipal growth management. All three motivations are related to open space, the environment, and quality of life. Right to Farm laws tend to increase as the state's environmental protection agency regulates giant pork and poultry farming's waste and runoff. As the pollution increases, and the states enact more regulations, the international agribusinesses, through the organization called ALEC, cause more protections to be passed, exempting farming from normal rules and regulations applicable to every other business. The pollution caused by the agribusinesses is then exempt from any liability resulting from the polluted groundwater, soil, or air. == Right to Farm Laws Expanded Protection for Farmers == Right to farm laws vary across the nation, are intended to bolster the legitimacy of agricultural concerns, better defend farmers rights without undue outside interference, and minimize or resolve public and private land use conflicts. In a broader general sense the notion of Right to farm 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 due because in essence of right-to-farm laws it is a modification of the common law doctrine of nuisance. 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 kind way. A private nuisance unreasonably interferes with the use and enjoyment of another's land. In order for a nuisance that the law will provide a remedy, there must he a substantial and unreasonable interference with the property interest being asserted. The interference can be either negligent or intentional. For instance in the duties of farm operations, an action constituting a nuisance will be deemed intentional, although it is unintended, if it is an easily likely consequence of the farmer's otherwise protected farming activities. An example could be, the drifting of sprayed farm pesticides onto a neighbor's land is considered an intentional nuisance, even though this particular result is unintended. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Right-to-farm laws」の詳細全文を読む スポンサード リンク
|