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APB agenda 112205
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APB agenda 112205
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Last modified
5/10/2018 12:26:27 PM
Creation date
5/10/2018 11:57:12 AM
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BOCC
Date
11/22/2005
Meeting Type
Regular Meeting
Document Type
Agenda
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"The birds don't come around any longer and the whole ecosystem. <br />seems out of whack. I don't know a.rtythirtg about fanning but .I'll bet <br />it's because of all the herbicide the farmers are using." <br />Environmental laws are violated when the damage is noticeable or <br />when the risk of da.i- i-w.ge to natural resources has increased. Convicted . <br />violators are charged. for the value of damages sustained and for clean- <br />up costs. They must also pay a penalty for breaking the law and <br />sometimes an additional fine for the legal cost of prosecuting the case. <br />Farmers have often been the target of environmental suits. I_.ivestock <br />operations generate manure, which can run into a creek if it is not <br />properly stored and applied to cropland. Orchards require pesticides, <br />which may poison wildlife if handled carelessly and instructions <br />on the label are not followed.. Note to neighbors and farmers: Even <br />where states and localities pass laws to protect farmers' general right <br />to farm, environmental scofflaws are made to pay. <br />NUISANCE — PRIVATE AND PUBLIC <br />Tara ing is not always meat and tidy. No matter how careful and <br />particular a farmer may be, acceptable and sound farining practices <br />sometimes generate odors, noise, and dust. <br />"Irritants, all! What are we g:Oirrg to do ?" <br />Indeed, there is a long- standing rela.tionsliip between nuisance <br />claims anti, agriculture. From. a legal perspective, a nuisance is an <br />activity that catises unreasonable and substantial interference with <br />another's quiet u.se and enjoyment, of his or her property. ItI rural <br />areas, odors are the most common cause of nuisance claims. Noise, <br />flies, and dust may also be problematic. <br />"I' don't oiz.In a clothes dryer and etiery spring I ha.zie to worry about <br />hanging rrty laundry outside. The dust kicked up by the farmer's <br />plow always rrtesses up rrty clean sheets." <br />The doctrine of nuisance is a common law- concept that evolved over <br />the centuries as Judges settled disputes between individuals. It cen- <br />.l. 7 <br />FVVV`ti <br />3� � e� pp... �,a¢� � �� JNj7• <br />,fig{` '� 6 <br /><<? <br />
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