Abstract

Landowners in general have the right to use their property in any manner they might find useful or enjoyable except when that use infringes on the right of their neighbor or community to use their property. Conflicting interests of neighbors have been the subject of numerous disagreements resulting in one or the other loosing his right to use his property as he wishes. The circumstances surrounding each conflict usually determines the outcome, and farmers should be aware that their right to farm may be at the mercy of courts who have sometimes been sympathetic to grievances of their more urban neighbors. Complaints about farming operations by nearby landowners and the threat of nuisance lawsuits is a growing concern of farmers, particularly in areas prone to urban sprawl, and has resulted in a decrease in the number and size of farming operations in some areas. The fear of loss of productive farming operations has resulted in enactment of "Right to Farm" laws by a number of state legislators. Legislation enabling farmers to create Agricultural Districts is an additional attempt to stop urban expansion into prime agricultural land. The following discussion attempts to summarize some of the problems surrounding the right to farm issue.

Publication Date

1990

Publication Number

AEU-65

Notes

Exact publication date unknown.

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