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DispatchBulletinOpinion

by The Sister Republics of Wallenburg. . 10 reads.

TEP Ministry of WA Affairs: Official Opinion on "Right to Farm"

Opinion on Right to Farm
Office of the Ministry of World Assembly Affairs of the East Pacific

The resolution now brought to Vote, having hardly seen drafting at all, ostensibly attempts to balance the needs of agriculture and urban development. In practice, however, it raises agricultural practices above legal scrutiny and prioritizes the "rights, lives, and wellbeing [of] farmers" over those of other people.

The sole mandate in the active text prohibits nuisance lawsuits against any persons practicing agriculture in a manner that does not "pose a substantial, adverse effect on the public health, safety, or welfare". This means that all those owning farmland are immune to private nuisance lawsuits. As a result, they cannot be held accountable in civil court for annoyance or injury they do to private property owners, and they cannot be required to alter their practices such that their adverse impact on the property rights of others is mitigated. No self-interested state can accept this exemption of a class of persons from legal liability merely on the basis of their ownership of farmland. It holds farmers above the law and presents obstacles for any other land owners to recuperate damages farm owners may cause them.

On this basis, the ministry cannot accept the resolution as it is put to Vote. We recommend a vote against it.

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