Farm

Right to Farm Law Update

What do you think, “Right to Farm Laws,” do for you? I know there are two sides to every issue. Homeowners want to pursue peace and quiet in a clean and wholesome environment free from harmful and annoying noise and odors. On the other side of the story is a family trying to make a living with enough troubles from changing weather, regulations, increasing taxes, and operating costs.

The usual story we hear concerning farming is after a new subdivision is built, people move in, and the country life does not agree with their dreams and what they imagined before making the move. So someone or a group files a complaint and then a lawsuit against the farmer or farmers in the area. The lawsuit may be as trivial as too much noise in the early morning to chemical over spray. Which may cause health issues. On the other hand, odors from chicken farms, manure spreading, and other sources are other popular complaints. Does the new neighbor or neighborhood have the right to put the farmer out of business, or make them spend countless funds to rectify a situation they lived with all their lives? My suggestion is to investigate the situation and location before you decide to purchase any home inside or outside the city. You are not only moving into a home, you are moving into a community.

It seems there is no open and shut case or clear explanation when it comes to farm rights. Everything hinges on who or what was on the location first. If the farm was conducting general business before a new residential area was added, the farm will generally have certain rights to claim. If a new operation is added that turns out to be a nuisance, the new residents may have a complaint. Every complaint is heard on a case by case basis.

Problems may arise. Remember, farming communities were based on the neighbor helping neighbor policy where a face to face meeting and a hand shake is worth more than gold. Talk it over with your neighbor. See of you can come to a solution, or find out the nuisance is only temporary. A good talk can solve problems and help you sleep at night.

This link is a rather detailed explanation of Wisconsin farm laws, and protection for farms. It is rather general. If problems escalate, the best step is to consult with an attorney who is familiar with farming laws and protection.

https://docs.legis.wisconsin.gov/misc/lrb/wisconsin_policy_project/wisconsin_policy_project_2_5.pdf

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