The North Carolina House of Representatives is set to discuss HB 467 known as the “Right to Farm Bill” this week. Residents and farmers alike are encouraged to contact their representatives and voice their support for the measure.
Out-of-state trial lawyers have been traveling the United States and making millions by suing farmers for alleged nuisances, according to the NC Farm Bureau. The out-of-state attorneys have begun working in North Carolina in recent years and have managed to convince several neighbors they can receive damage payments that exceed the value of their homes and land. The law states that someone can sue a farmer over pollution issues or creating a nuisance. The proposed Right to Farm bill limits the compensatory damages that a plaintiff, suing for a legitimate nuisance, can receive to the fair market value of the plaintiff’s property.
“That’s a good thing,” said Dan Ward, a Clarkton area farmer and the President of Bladen County’s Voluntary Agricultural District Board. He said farming is already risky enough without the added prospect of a law suit.
He said for many farmers production costs already exceed the crop prices they receive at the market place. “I think this is an excellent time to try to shore up the agricultural community,” said Ward.
He added no one wants to see a farmer going out of business especially because of law suits. Ward suggested one way to help reduce misunderstandings is for farmers to enroll in voluntary agricultural districts in their respective counties. Ward said VADs help to identify areas where agricultural activities are likely to be taking place . 
It is easy to enroll your farm into a VAD, said Ward. To enroll your farm, simply go to the Bladen County Cooperative Extension Office and complete an application to enroll your farm.
Ward said when you have an established VAD, if someone is considering purchasing a property within the VAD, the Realtor can explain to the potential buyer there are farm-related activities and farm machinery operating within the VAD. This helps the buyer to have a better understanding of the area in which they are purchasing their property.
Ward said he thinks HB 467 is also a good idea, too. “To me, this law would give farmers more rights to do their work. Farming is not easy. You’ve got a huge investment, but you don’t need to be tied up in court,” said Ward.
To read the proposed bill in its entirety, click here.
Click the link for more information, on Voluntary Agricultural Districts.
You can also email your legislator, here.
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