Right to Farm Statutes and the Changing State of Modern Agriculture

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Authors

Pifer, Ross H.

Issue Date

2013

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46

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FIRST PARAGRAPH(S)|In an idyllic view of agriculture from years gone by, farms were situated among other farms in stable rural communities where all of the residents of these communities accepted-and even embraced- the agricultural activities that were taking place in their midst. While this nostalgic notion of agriculture may never be accurate, it is certainly not the norm for agriculture in the twenty-first century where farms are often located among residential and commercial development. This national transformation from a predominately rural society to one that is increasingly suburban and urban in nature has created a number of challenges for agricultural operations. The sights, sounds, and odors emanating on farms create the desire for conflict (and litigation) with neighbors. These neighborhood conflicts also often lead to increased regulation at a local level. Additionally, the pressures of encroaching residential and commercial development often cause an increase in real estate values, and, correspondingly, the real estate taxes that are due on agricultural lands. All of these factors can impose a strain on the economic viability of farms as well as provide an incentive for farmers to exit agricultural production...

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46 Creighton L. Rev. 707 (2012-2013)

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Creighton University School of Law

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