Jennifer
Dempsey, Editor
Jesse Robertson-DuBois, Researcher, Writer
Joan Deely,
Researcher, Writer
July
26, 2002
  | ||||
| AT LARGE Conflicts Over Livestock Operations: Drake Journal of Agricultural Law Publishes Pennsylvania Research Published in the Spring 2002 issue of Drake Journal of Agricultural Law, "Community Conflicts Over Intensive Livestock Operations: How and Why Do Such Conflicts Escalate?" examines the legal structures that shape community conflicts involving intensive livestock operations ("ILOs"). Funded by the Pennsylvania State Department of Agriculture, the research was intended to develop a model of community dispute resolution. The project team investigated Pennsylvania laws concerning ILOs, interviewed stakeholder groups involved in conflicts and reviewed relevant dispute resolution literature. While the research reflects the state's legal context, the broader discussion of community dynamics and conflict resolution strategies may be applicable to other jurisdictions. The article is not available online but may be copied and distributed for educational purposes. Contact: American Farmland Trust's Technical Assistance Service, 413.586.4593 | ||||
| ||||
|
The Town of Pittsford has secured easements on the last of seven farm parcels targeted for preservation in the town's 1997 Greenprint for the Future Plan. Total costs for the easements came in at $6.7 million, well below the $9.9 million originally agreed to by voters. With the closing of a $1.4 million deal for a conservation easement on 75 acres of farmland owned by Jim and Barbara Lehman, the town's easement holdings stand at 1,200 acres. Under the original plan, homeowners would have paid property taxes of $67 on a typical $175,000 home over 20 years, but that figure actually came in at $45. The Greenprint plan was established as a way to preserve the town's agricultural heritage, which, along with open space, parks and forestlands, is under increasing pressure from encroaching development. Contact: Town of Pittsford, http://www.farmland.org/www.townofpittsford.com | ||||
| ||||
|
OHIO | ||||
|
In June, the Ohio Department of Agriculture's Office of Farmland Preservation completed evaluations on 442 applications received during the first round of the Agricultural Easement Purchase Program (AEPP). "The demand has been overwhelming," says AFT's Ohio Field Representative Jill Clark. "Requests total at least $130 million, and that is a conservative estimate." The AEPP's share of funds from the Clean Ohio Fund totals $6.25 million per year for at least the next three years (see Field Notes, May 12, 2000). Using a two-tier scoring system, appointed members of the Farmland Preservation Advisory Board winnowed the pool of eligible applications to 67, totaling 10,448 acres. This phase of the AEPP advances a six-year effort by officials and farmland protection advocates to launch a purchase of agricultural conservation easement (PACE) program in the state. The state received its first donated agricultural easement (see Field Notes, January 31, 2000) in January 2000. Offers will be made to top-ranking scorers, pending completion of legal review and appraisals. Should top-ranked farms drop out of contention, the next-highest ranked will come under consideration. Officials hope
to negotiate deals with 20 or 30 of the highest-scoring farms, depending
on size and per-acre appraisal values, and have also applied to the
federal Farmland Protection Program for an additional $8.5 million to
supplement state funds. Any federal funds received by the program will
allow the state to leverage more funds, dollar per dollar, and enable AEPP
officials to work farther down their extensive list of eligible farms.
Contact: | ||||
| Family Farm Wins Nuisance Lawsuit | ||||
| In April, Darke County
farmers Tony and Anita Knapke were awarded compensation for lost income
and legal expenses resulting from a $10 million civil lawsuit brought
against them four years ago. Three neighbors sued the Knapkes over their
proposed construction of two new finishing units and a manure lagoon,
citing concerns about health, pollution and property values.
The lawsuit is seen as a test case for contract livestock farmers in Darke County like the Knapkes, who raise hogs and turkeys for mid-sized producers such as Cooper Farms. Cooper, a recipient of the Ohio Livestock Coalition's Stewardship Award, holds its contractors to strict standards for management practices on their farms and provided legal support for the Knapkes. The Knapke family, in the livestock business for generations, had not previously encountered problems with their neighbors. At the trial, engineers, soil scientists, livestock odor experts and water quality experts presented testimony on behalf of their sound conservation practices. Based on the past performance of the Knapkes, plaintiffs were unable to prove that there would be problems with the facility. Two of the three original plaintiffs intend to appeal the ruling. Family farm advocates in the county welcome the appeal, as they believe that it will be denied, reaffirming the original judgment. The Knapke's
farm is located in a designated agricultural district, where working farms
are afforded guarantees allowing them to carry out agricultural activities
without undue interference. The importance of this protection is
increasing, particularly for livestock operations. The combination of
growing numbers of rural, nonfarm residents and larger livestock
operations has increased the risk of legal action against farmers because
of perceived nuisance. | ||||
| ||||
|
In May, the Rhode Island Department of Environmental Management (RIDEM) awarded 36 farm viability grants totaling $340,000 to 33 organizations statewide. Funding for the viability grants is administered by the RIDEM, and comes from the United States Department of Agriculture (USDA) Specialty Crop Block Grant program. All commodities produced in Rhode Island are considered specialty crops. The goal of the funding program is to directly promote the long-term viability of agriculture in the state and to support efforts to educate state residents about the benefits of farming. Successful applicants include a high school aquaculture education program, a program to bring urban children on field trips to area farms, a Web site to promote Rhode Island agricultural products and a cooperative to assist dairy farmers in marketing their products. There is presently no additional state funding available to continue making farm viability grants. Nationwide lobbying efforts to include farm viability money in the 2002 Farm Bill were unsuccessful. Contact:
| ||||
|
| Have the Need to Read?
Field Notes back issues |
[ << back ] |
Joan
Deely |
 | ||
| ||