Right to Farm

Right to farm laws were put into place to protect farmers from nuisance lawsuits. Farmers are only protected by these laws though if they are meeting specified conditions and following generally accepted agricultural practices. They are not protected by “right to farm” laws for nuisances caused by negligence or reckless misconduct. Recently in Oregon a lawsuit challenging that state’s right to farm law as unconstitutional was thrown out of court by a state judge. In this instance the original dropped lawsuit was aimed at not only farmers but foresters as well who are also protected under Oregon’s Right to Farm and Forest Act. The plaintiffs inability to find satisfaction in court due to the state’s right to farm law led them to sue the state. Not always, but often, such lawsuits are brought by urbanites moving to the country seeking the idyllic rural life; not realizing that the rural community they’ve chosen more often than not was built and survives because of agricultural practices, with all its sights, sounds, and smells. Again, right to farm laws don’t give farmers carte blanche to do as they please, it just gives them the right to carry out normal farming practices.