Orange County NC Website
Trying to find the middle ground between <br />these two positions, all SO states have adopted <br />right -to -farm laws. Right -to -farm laws recognize <br />the unfairness that nuisance law can impose on <br />farms when people unfamiliar with farming prac- <br />tices move into traditionally agricultural areas. <br />"The animals sure look peaceful, but boy do <br />they smell. I have to hold my breath. when I <br />go outside. I'm going to demand the town do <br />something about this." <br />"Who does she think she is? My family's been <br />farming here for 60 years and she just waltz- <br />es in and thinks she's going to impose her <br />city ways on a s. She's got a lot of nerve!" <br />R.iglit -to -farm laws generally override other <br />laws on farm property usage. Here in New York, <br />riglit -to -farm laws are very supportive of sound <br />farming practice; more so, in fact, than in some <br />other states. Parts of Iowa's ri(--Yht -to -farm law, <br />for example, recently were deemed "an uncon- <br />stitutional taking of property rights." The Iowa <br />court was concerned. about the law's broad <br />protections of farmers in the absence of clearly <br />defined due process. By contrast, the New York <br />law requires a case- by -ca.se determ.iifatioT7 of <br />sound agricultural practices. The New York <br />State Supreme Court- Appellate Division ruled in <br />1993 that the right -to -farm lave did not violate <br />procedural due process. (Pure Air &, Water; Inc:. <br />v. Davidsen, 246 A.D.Zd 786; 668 MYS,2d 248; <br />1998 MY App. Div, I.,EXIS 294; appeal denied <br />9.1 N.Y 2d 955; 694 N.E.2d 885; 671 MY.S.Zd 716; <br />1.998 MY LEXIS 97 5) <br />Article XIV of the New York State constitution <br />declares: <br />"The policy of the state shall be to cons °erUe and <br />protect its natural resources and scert.ic beauty <br />and encourage the development and ilrIprove- <br />rnent of its agricultural land for the productio71 <br />of food and other agricultural products." <br />In other words, the legislature is obligated to <br />provide for the protection of agricultural lands. <br />Even so, farm practices that are unsound, un- <br />safe, unreasonable, or illegal are not protected <br />by right -to -farm laws. <br />20 <br />NEW YORK STATE <br />Ac7RICULTURAL DIS'T`RIc -rs LAW' <br />rMe Agricultural Districts Law, Article 25 -AA <br />of the Agriculture and. Markets I...aw, is the cen- <br />terpiece of state and. county attempts to preserve, <br />protect, and encourage agriculture. The agricul- <br />tural districts program is based on a combination <br />of landowner incentives and protections designed <br />to discourage the conversion of farmland to non - <br />agricultural uses. County legislatures can set tip <br />agricultural districts and lai-id.owners can enroll <br />their farms in these districts. Eligible farmers <br />make their own. decisions about participating. <br />"Here we go again— another layer of govern- <br />ment bureaucracy. Count me out." <br />"You might want to reconsider. There are good <br />reasoris to sign up." <br />Ir:ideed there are. One way farmers benefit from. <br />the Agricultural .Districts Law is through relief <br />from property taxes. The law stipulates that <br />