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by Susie Taylor

Organizers of recent seminars on agricultural legal issues were surprised at the number of people who attended – more than 120 people at both seminars combined.

"I think the great turn-out is a sign that people are becoming more concerned at how they might be able to protect themselves against getting sued," according to Larry Gearhardt, Ohio Farm Bureau Federation’s director of local affairs. Gearhardt participated in both seminars and presented information on nuisance lawsuits along with Peggy Kirk Hall, organizer of the events and director of Ohio State Extension’s Agricultural and Rural Law Program.

One topic that piqued attendees’ interest was how some rural neighbors react to the sounds, sights and smells of Ohio’s countryside. An unfortunate trend is developing in that Ohio farm families are having to respond to lawsuits that question the ways their operations are being run, with neighbors calling accepted agricultural practices a nuisance, according to Gearhardt.

The legal definition of a nuisance is anything that landowners do on their property that has a substantial adverse affect on the personal comfort or enjoyment or value of property adjoining that property, Gearhardt explained.

"How we quantify that adverse impact is the tricky part of the law, because it’s strictly subjective and depends on the person being affected," he said.

"With the increasing urbanization of Ohio, people who move to the country are more sensitive to odors and noises and things of that nature," he added. "What they may feel constitutes a nuisance can be completely different than what you or I think."

Iowa farmers have been experiencing this phenomenon more than other agricultural states, and the farmers have been on the losing end of many court decisions. Such has not been the case in Ohio, according to Gearhardt and Hall. A case against a young farm family brought by three neighbors over the possibility of yet-to-be-built hog facilities causing a nuisance for the plaintiffs at question ended in a court ruling in favor of the farm family.

But the agriculture industry is keeping an eye on two court cases – one regarding a hog facility in Paulding County and the other involving a dairy in Putnam County.

There is a silver lining to this cloud, though, Gearhardt said, as some general protections for agriculture are available.

"We recommend farmers have their land enrolled in an ag district," he said. "It’s free, and all it takes is a quick visit to the county auditor’s office to fill out the paperwork." Some county Farm Bureaus have signs available that can be posted to inform neighbors that the area they live in is an agricultural area and sometimes there may be some unpleasant sounds or smells that are all part of living in the country.

Gearhardt also suggested farmers develop an operation plan through their county Soil and Water Conservation Districts. "If you have such a plan, and can show a judge or a jury that the practices you are following are generally accepted agricultural practices, you have an affirmative defense."

Gearhardt cautioned that protections like enrolling in an ag district or developing an SWCD operation plan will not prevent neighbors from filing suit, but would provide documentation that would defend the farmer in court.

Another defense is to stop such lawsuits before they are even contemplated by neighbors, Hall said during one conference. She referenced the Ohio Livestock Coalition’s pamphlet: It takes two to be a good neighbor. The publication gives suggestions on how farmers can welcome new neighbors and head off any disagreements before they happen. For a copy, contact your county Farm Bureau office or contact the Ohio Livestock Coalition at 614-246-8288.

"These kind of issues aren’t going to go away," Gearhardt said. "They’re becoming more intertwined with what we do on our farms."

Look in the March 15 issue of Buckeye Farm News for the second installment of this series focusing on attractive nuisance and farm visitor and trespasser liabilities.