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APB agenda 112205
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APB agenda 112205
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5/10/2018 12:26:27 PM
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BOCC
Date
11/22/2005
Meeting Type
Regular Meeting
Document Type
Agenda
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This second set of laws are corninonly known. as "right- to- farin„ <br />laws, and in New York Mate, at least, they limit most efforts on the <br />part of local residents to "unreasonably restrict sound farming" ac- <br />tivities in identified farming zones. <br />CA-FEt:TORIES OF LEGAL CLAIMS <br />Still, neighbors have their share of complaints. And sometimes <br />their concerns and worries about farming practices turn into legal <br />claims. 'T'hese legal challenges generally fall into four categories: <br />0 Negligence <br />1 Trespass <br />1 Violation of environmental laws <br />1 Nuisance <br />NEGLIGENCE <br />"Haste makes waste" as the old adage goes, and it can certainly get <br />a farmer into trouble. Neighbors affected by what they perceive to <br />be lax farming practices inay decide to file a claim of negligence -in <br />court. Negligence is a cause of action ag a.inst a farm that can arise <br />from careless actions or failures to act that result in injury to a. per- <br />son or damage to property. <br />"That farmer is so laz)4 He didn't bother to rebuild the broken fence <br />in the pastLVe so the whole herd broke f ee and trarnpled Uly rasp - <br />berry bushes. Arid that crop was corning in real good; it would have <br />tarouglit me hundreds of ` dollars down at the f ariners" rntarket." <br />If a court finds the farmer guilty of negligence, the judge will require <br />financial payment to the injured neighbor for damages Gosses sus - <br />tained) and may levy an additional fine to punish and deter similar <br />behavior in the future. Examples of negligence are inadequate super- <br />vision of employees, allowing cattle to stray, and failure to maintain <br />egi0pment or facilities. <br />4 r13 ....s <br />......................... <br />:l. 5 <br />:_ X <br />
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