ATLANTA (AP) — As always, it was about “Whose property rights?” as Georgia lawmakers on Tuesday considered a bill that would improve farmers’ protections from harassment lawsuits from neighbors over issues like odors.
House Agriculture and Consumer Affairs Committee Chairman Robert Dickey III told members of his committee that lawmakers must pass House Bill 1150 to clarify Georgia law and make it clear that farmers cannot be sued for harassment, after their farms have been operational for more than a year.
“That’s what this bill is about, it’s just about giving farmers some protection so they can farm their land like they always have when you have some neighbors who might move in and have a slightly different opinion to have.” Dickey, a Musella Republican, told the committee.
The board is expected to vote on the measure later.
But environmentalists and some smallholders fear the law could pave the way for farmers to make big changes that could affect longtime neighbors’ ability to enjoy their property. They say troublesome suits are rare in Georgia, but the bill is being pushed by the meat industry to protect their farmers’ harmful activities.
Charlotte Swansea, who said her family owns a 300-acre farm in Gordon County, said she would prefer not to change the current law, which only protects farms from lawsuits “changed conditions”, This usually refers to residential subdivisions or commercial developments on adjacent properties. The new law would provide protection after a year without indicating whether conditions have changed and removing that language.
Swansea said she feared the new law would open the door to farms she would find problematic, such as extremely large poultry farms.
“We don’t want troublesome farmers… to come to our county,” said Swansea.
The same issue of large-scale animal operations has stalled previous attempts to change the law. The new proposal includes a clause that says the one-year timeframe for a lawsuit would start over if an existing farm builds a facility that federal officials classify as a medium- or large-scale concentrated animal feed operation for cattle or poultry, or as a hog feed operation Size.
The proposal will continue to allow lawsuits against farms that break the law or are negligent or improper, as is the case under current law.
“It’s trying to strike a balance between the different interests involved, by putting in some extra protections for people who are doing it right, but not trying to protect operations that aren’t doing it right.” said Rep. Rob Leverett, an Elberton Republican.
According to some farm groups, the current measure does not go far enough. Bryan Tolar, a lobbyist for the Georgia Urban Agriculture Council, said lawmakers should introduce specific bans against dust, noise and smoke lawsuits. He said sod farmers, a large part of his group, often face complaints about dust blowing from fields after the sods are harvested. He also said forest owners can face complaints about smoke from controlled burns of forested areas.
But these, like the other companies covered by the bill, would encroach on others’ right to their property, opponents warn.
“What you’re saying is that people with longstanding private property rights no longer have a way to protect themselves from new animal operations or other types of farming operations.” said April Lipscomb of the Southern Environmental Law Center.
Lipscomb warned that protections could be revoked, citing a 1998 Iowa decision that found that a law barring lawsuits would amount to an unconstitutional expropriation of neighbors’ property.
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