FACTORY FARM NUISANCE

Farmers are expanding their operations, creating what are often referred to as "factory farms", particularly hog and chicken farms, and disgruntled neighbors are filing "nuisance lawsuits" against farmers and ranchers.

Most U.S. states have a "Right to Farm Act" in place, that is, a statute that protects established farms and ranches from nuisance lawsuits. However, The Right to Farm Act only protects farmers and ranchers whose operation was in existence and has not expanded its operation after the neighbors moved into the area.

The state Commissioner of Agriculture has also set out criteria that specify Best Management Practices. A farmer and/or rancher must comply with these criteria in order to receive protection from nuisance lawsuits.

Definitions
"Farm nuisance dispute" means a claim that the farming activity of a farm resident constitutes a nuisance to neighbors.

"Farm resident" means a person holding an interest in fee, under a real estate contract, or under a lease, in land used for farming activity when that person manages the operations on the land.

"Farming activity" means the cultivation of farmland for the production of crops, fruits, vegetables, ornamental and flowering plants, and the utilization of farmland for the production of dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.

"Nuisance" means an action that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property.

Nuisance Action "Nuisance actions" determine unreasonable use of property. This usually means whether or not the defendant's use of the property is "unreasonable" under the circumstances. Did the particular use pre-exist before the neighbor complained? Has the defendant expanded the operation and/or property and is it encroaching on the complainantÕs property?

If the answer to either of these questions is "yes", you may be able to consider taking legal action to stop or "abate" a public nuisance.

FARM NUISANCE NEWS

UK farmer faces £20,000 fine if he cannot silence his 300-strong flock of geese whose raucous noise villagers claim are ruining their sleep and their lives. (Dec-12-07) TELEGRAPH: FARM NUISANCE NOISE

"A dozen hogs don't smell like a bed of roses, but a few thousand hogs could knock a rat off a gut wagon," says Ken Midkiff of the Sierra Club. And for the hog farmer, a possible farm nuisance lawsuit brought about by the neighbors. (Jul-03-07) LAS: FARM NUISANCE

Enter the information about your FARM NUISANCE case and we will contact you. Fields marked * are required.

First Name: *

Last Name: *

Email Address: *

Phone Number: *

State: *

Date of injustice: *

Describe the nature of your complaint in one short sentence: *

Details of complaint:
(briefly describe the damages you have suffered) *

With regards to any interest in land that you have near the nuisance causing activity do you own, rent, lease, occupy, other (specify)?

How long have you been at the present location?

What is the nature of your property interest - residence, farm land, recreational use, other (specify)?

List all uses you normally have of the property.

When you purchased or first occupied the property, what was your initial intention for long-term utilization of that property?

Was the nuisance causing activity in place when you first occupied this land?

Yes No

How many family members reside with you on the property?

Please list by name:

Do any non-family members live or regularly use the property?

Please list by name:

Describe the effect that the nuisances have on you and list all things you can no longer enjoy or do on the property because of that nuisance.

Have you ever made any complaints to anyone, including the owner of the nuisance, government employees, agencies, or anyone else concerning the problems which have been caused?

Yes No

If yes, when, how, and to whom did you make the complaint?

Were there any witnesses to the complaint?

Yes No

Have you suffered any financial loss as a result of this nuisance?

Yes No

If so, please list and explain:

Please list all witnesses who have also experienced this nuisance while on your property. Please provide addresses and phone numbers for each such person:

Do you know of any efforts ever made by the entity causing the nuisance to stop or diminish or lessen its effect on the neighbors?

Yes No

If so, please list these with the approximate dates of those attempts:

Please provide the name or names of the entity which has caused, created, owned or operated the activity which has caused the nuisance:

Please give us the approximate distance from the nuisance causing activity to your property and/or home and please identify the particular nuisance (i.e., confine the animal barns, waste lagoons, land applications of manure and effluent from those farms)

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