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FAMILY FARM PRESERVATION ACT
The Family Farm Preservation Act will keep a farming operation, abiding by the current rules and regulations, from being declared by a public nuisance. The Act also stipulates that any person or group that sues a farmer, who is abiding by current rules and regulation for public nuisance and loses, must pay the farmer's attorney's fees and expenses associated with the case.
OBJECTIVES
- To Promote Alabama's No. 1 Industry.
- To Enhance Rural Economic Development.
- To Preserve the Family Farm.
- To Encourage Young Farmers to Enter Agribusiness.
- To Preserve Alabama's Agricultural Heritage.
- Defines what a farm is, the activities and products produced on a farming operation, and the rules and regulations for the operation of a farm.
- Allows for the transfer of operation of the farm to another farmer owner such as a family member. Also allows a farmer to expand his or her operation within the current rules and regulations.
- If the farm is operating under laws and regulations set forth by state and federal agencies, city or county ordinances or regulations cannot be adopted that will cause the farm to become a public or private nuisance. Any existing local ordinances will remain in affect.
- The farmer maintains the right to farm if there is a change in the use of property located adjacent to or in the vicinity of farm.
- For frivolous private or public nuisance litigation against a farmer, the farmer will be entitled to recover legal fees from the person or group that brings the suit.
- Strengthens the regulatory process by defining what farmers can and cannot do and defines nuisances.
- Any new federal laws and/or regulations would become a part of the "rules" that agriculture will have to abide by.
- By the citing of the "rule process" for farms included in this bill, we think it strengthens the rules. This bill will not protect farmers who are rule violators.
- Government has the responsibility to protect its citizens. (Ex: sexual harassment).
- This bill does not prevent anyone from bringing litigation or their right to do so. It places a responsibility on the attorney and plaintiff to be confident in the violation or cause its action.
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