Indiana Pork Producers Prevail in Right-To-Farm Lawsuits

An Indiana judge issued a summary judgment this week, stating that the Right to Farm Act is constitutional, and ruled in favor of farms in four different lawsuits, reported National Hog Farmer. The lawsuits sought damages from farms for creating a nuisance regarding odor, manure management practices, and farm locations.

In each of the four cases, Judge Marianne Vorhees found that the plaintiffs failed to prove negligence in the way the farms were operated and located.

“During the last five years we have had to defend our agriculture practices which are commonly practiced throughout the Midwest in swine producing communities,” said Joe Baldwin of Maxwell Farms, one of the defendants.

“Indiana Farm Bureau successfully sought changes to the Right to Farm law in 2005 to increase farmers flexibility under the Right to Farm law,” said Mark Thornburg, general counsel and director of legal affairs for Indiana Farm Bureau Inc.

Jerry Warren, Randolph County Farm Bureau president, hailed the rulings as significant for all Indiana farmers, stating that they allow farmer to run well-managed operations without fear of legal repercussions.

Each of the 50 states has a Right to Farm Act that protects farms using commonly accepted agricultural practices from being considered a nuisance in agriculturally zoned areas. S