Tape #245 - Right to Farm vs. Rights of Others

Presented by the President's Interagency Council

MILES WEST OF HERE. AND EACH OF US IS GOING TO INTRODUCE OURSELVES. WE WOULD ENCOURAGE YOU TO ASK QUESTIONS AS WE GO ALONG SO WE CAN MAKE THIS AS FOCUSED AND ADDRESS YOUR ISSUES AND CONCERNS. AND IF YOU WANT TO MAKE A CONTRIBUTION SHARE SOME OF YOUR EXPERIENCES PLEASE DO SO AS WE GO ALONG.

MY NAME IS JANNIE WARDEN AND I’M HERE ACTUALLY. IN REAL LIFE I’M A MANAGEMENT CONSULTANT THAT SPECIALIZES IN MARKETING. THE WAY I GOT INTERESTED IN THIS IS I’M ON THE BOARD OF A GROUP CALLED THE PIEDMONT ENVIRONMENTAL COUNCIL. THE PIEDMONT IS NINE BEAUTIFUL COUNTIES IN RURAL VIRGINIA. AND OUR ORGANIZATION TRIES TO SUPPORT AGRICULTURE IN SERVICE OF LAND CONSERVATION.

LOUDON IS ONE OF THE COUNTIES IN THE PIEDMOND AND IT IS THE ONE THAT IS MOST THREATENED BY URBAN GROWTH. SO, ALTHOUGH I CALL THIS THE RURAL ACADEMY OF LOUDON COUNTY, WHAT IT IS, WHAT IS REALLY IS HOW AGRICULTURE AND FRIENDS OF THE AGRICULTURE CAN RETAIN FARM LAND WHEN THREATENED BY ENCOURAGES OF RESIDENTIAL DEVELOPMENT NEAR URBAN CENTERS. LOUDON COUNTY, I WISH I BROUGHT SOME SLIDES OF IT BECAUSE A PICTURE REALLY DOES SAY A THOUSAND WORDS. IT’S A PERFECTLY BEAUTIFUL COUNTY WITH GROWING COUNTRY SIDES. YOU KNOW, LITTLE CALVES NAPPING IN THE SPRING GRASS. VILLAGES THAT WERE FOUNDED BY DIVERS - SCOTTS, IRISH, AFRICAN AMERICANS, GERMANS, QUAKERS AND A HISTORY THAT WAS A REAL CROSSROADS FROM EVERYBODY FROM HUNTERS. U.S. PRESIDENTS, UNDERGROUND RAILROADS CONDUCTORS AND SOLDIERS OF MANY CONVICTIONS. ON THE OTHER HAND, LOUDON IS THE EIGTH FASTEST GROWING COUNTY IN THE U.S. AND THE COLLISION OF AN AGRICULTURE BASED ECONOMY WITH URBAN GROWTH IS WHAT I’LL BE TALKING ABOUT TODAY.

I DON’T KNOW HOW MANY OF YOU ARE FAMILIAR WITH THE AMERICAN FARM LAND TRUST. IT’S AN ORGANIZATION THAT WORKS HARD TO PRESERVE FARM LAND IN THE U.S. AND THEY’VE IDENTIFIED 10 ACRES, 10 AGRA’S IN THE U.S. THAT ARE MOST THREATENED BY URBAN GROWTH AND WE’RE RIGHT IN THERE. THE PRESSURES OF RAPID RESIDENTIAL GROWTH LOSS OF FARM LAND AND OPEN SPACE. PROPERTY TAXES. THIS IS THE MOST POPULUS ISSUE. PROPERTY TAXES GO SKY HIGH TO SUPPORT SCHOOLS.

THERE’S A SHIFT IN FOCUSING SUPPORT FROM THE NEEDS OF FARMERS TO THE NEEDS OF A SUBURBANITE. WHICH HAVE A PROFOUND EFFECT ON AN AREA. AND A BROAD PERSPECTIVE, I’M SORRY TO SAY, THAT FARMING IS DEAD.

FIRST, IT’S VERY IMPORTANT TO KEEP IN MIND WHAT THE ECONOMICS OF CONVERTING AGRICULTURE LAND RESIDENTIAL LAND ARE. THESE ARE SIMPLE LITTLE STATISTICS THAT TOOK ABOUT A SIX MONTH PROJECT AND A 500 LINE COMPUTER MODEL TO COME UP WITH THIS. BUT WE BASICALLY FIGURED OUT THAT PUBLIC COST IN A COUNTY ARE ATTRIBUTABLE TO AGRICULTURE, TO THE COMMERICAL SECTOR, AND THE RESIDENTIAL SECTOR. AND FOR EVERY DOLLAR IN TAX GENERATED BY A FARM IT ABSORBS ONLY 12 CENTS OF EXPENSES. THIS IS COMMON SENSE TOO. AS WE SAY, COWS DON’T GO TO SCHOOL. BUT YOU SEE THAT FROM A PUBLIC PERSPECTIVE, FROM A PUBLIC BALANCE SHEET. FARMS GENERATE 88 CENTS SURPLUS ON $1.00. RESIDENCE IS ON THE OTHER HAND ABSORB $1.61 FOR EVERY $1.00 THAT THEY GENERATE IN PROPERTY TAX. SO, CONVERT A FARM INTO A SUBURB AND YOU GOT A PERMANENT TAX LIABILITY. THIS STUDY BY THE WAY HAS BEEN REPLICATED IN PROBABLY 15 DIFFERENT COUNTIES AND ALTHOUGH THE NUMBER HAS CHANGED THE BASIC DIRECTION AND PROPORTION OF THE NUMBER IS CONSISTENT.

ONE OF THE THINGS THAT HAS HAPPENED IN OUR COUNTY, AND I THINK OTHER AREAS WHICH ARE AGRICUTURAL BASED BUT NEAR ENOUGH TO A CITY TO BE AFFECTED BY THEIR GROWTH, IS THAT RURAL ECONOMIC SECTOR ITSELF IS UNDERSTATED. SO WE DID A STUDY WHERE WE LOOKED AT THE THREE LEGS OF THE AGRICULTURAL CHAIR, SORT OF SPEAK. AGRICULTURE ITSELF, THE HORSE INDUSTRY, WHICH I KNOW THIS MAY BE SPECIFIC TO THIS AREA. THIS IS THE HORSE ARE OF THIS COUNTRY. AND THE TRAVEL AND TOURISM BUSINESS WHICH IT GENERATES IN OUR COUNTY ALONE, $600,000.00 BUSINESS AND IT IS VERY DEPENDENT UPON OPEN SPACE AND VIEWS AND ACTIVITIES OF AGRICULTURE AND FARM LAND.

ANY QUESTIONS OR ISSUES ALONG THE WAY? DON’T HESITATE TO SPEAK UP.

OK, LET’S JUST LOOK BRIEFLY AT THOSE THREE ECONOMIC SECTORS. THE DATA SAY THAT LOUDON GENERATE $50 MILLION IN SALES. I’LL BET IT’S FOUR TIMES THAT. BUT THIS IS SOMETHING REALLY TO BE AWARE OF IF YOU ARE ADVOCATING FOR THE IMPORTANCE OF THE RURAL ECONOMY YOU HAVE TO REALIZE HOW PORTISAN, HOW IDIOSENCRATIC, I THINK, THE NUMBERS ARE THAT ARE COLLECTED BY USDA AND LOCAL AND STATISTIC SERVICES. I THINK AN ADEQUATED METHODOLOGY, BUT IN ANY EVENT IT UNDERSTATES THE ECONOMIC IMPACT OF AGRICULTURE. FOR EXAMPLE IN OUR PARTICULAR COUNTY WE HAVE A LOT OF NEW KINDS OF SERVICES AND PRODUCTS SUCH AS OPTICULTURE, NURSERY, GREENHOUSE, FIREWOOD, TIMBER, CHIRSTMAS TREES, BUFFALO. NONE OF THEM ARE COUNTED ON DEPARTMENT OF AGRICULTURE STATISTICS. AT LEAST THE ONES COLLECTED IN VIRGINIA BECAUSE THOSE HAVEN’T BEEN TRADITIONAL PRODUCTS.

AGRICULTURE SURVEYS ALSO TEND NOT TO COUNT SMALLER FARMS. THE WAY THE CONDUCT THEIR CENSUS IS TO IDENTIFY LAND WITH LAND USE MAPS AND THOSE BIG PARCELS. ONLY THE PARCELS THAT ARE VERY LARGE ARE COUNTED AS AGRICULTURE. SO YOU GOT ALL THESE NEW VALUE ADDED FARMS AND THEY’RE ALREADY INCLUDED IN THE CENSUS.

THIRD, AG’S STATISTICS ALWAYS CITE WHOLESALE PRICES. THIS IS OK BUT YOU WANT TO BE CAREFUL IF YOU ARE COMPARING THE AGRICULTURAL SECTOR TO ANOTHER SECTOR THAT YOU AREN’T COMPARING WHOLESALE TO RETAIL PRICES. THEY DON’T INCLUDE VALUE ADDED PRODUCTS LIKE FARMSTEAD CHEESES THAT PRODUCE _________ MEDICINAL HERBS, SPECIALTY _________ THAT WE’VE GOT DRY FLOWERS. AGAIN BECAUSE AG STATISTICS TEND TO BE COMMODITY ONLY.

AND FINALLY, IN OUR AREA AGAIN, AG BASED TOURISM IS A HUGE SECTOR AND THAT IS NOT COUNTED IN AGRICULTURAL STATISTICS. ONE OF THOSE INNOVATIVE - I’LL PASS OUT SOME BROCHURES BUT OUR COUNTY HAS BEEN VERY AGGRESSIVE AND SUCCESSFUL IN PROMOTING AGRICULTURAL TOURISM. DAVE HAS HIS WEEKEND VISITS EXPERIENCES FOR FAMILIES WHERE THEY COME AND SPEND THE DAY ON THE FARM. ONE OF THEM, I LOVE THIS, IS TAKE A LARMA TO DINNER WHERE YOU PAY FOR THE EXPERIENCE OF COMING TO A FARM. THE LARMA IS PACKED UP WITH YOUR DINNER, WHICH YOU PAY FOR. AND YOU GO OUT IN THE MEADOW AND HAVE YOUR DINNER AND THE __________ IS THERE AND YOU LARMA PACK BACK TO THE FARM.

YOU KNOW WHAT, PEOPLE ARE TRAGIC FOR THINGS. JUST KNOCK YOUR SOX OFF. PEOPLE ARE _______ $100.00 FOR A TWO HOUR HORSE RIDE.

OK THE HORSE INDUSTRY, THIS MAY NOT APPLY TO OUR ALL AREAS, BUT THE HORSE INDUSTRY IS UNDERVALUED. IT IS NOT COUNTED AS PART OF THE AGRICULTURE INDUSTRY. INFACT, NO ONE COUNT IT AS AN INDUSTRY. IT’S ALWAYS CALLED A HOBBY. BUT A POINT-IN-FACT, THE VIRGINIA EDUCATIONAL FOUNDATION CONDUCTED AN EXTREMELY EXTENSIVE SURVEY A COUPLE OF YEAR AGO TO FIND OUT THE NUMBER OF HORSES IN EACH COUNTY AND HOW MUCH PEOPLE WERE SPENDING TO SUPPORT THEM. I PARTICIPATED IN THIS ACTUALLY AND I MADE A LITTLE JOKE. I THINK WE MAY HAVE UNDERSTATED WHAT WE SPEND TO SUPPORT OUR HORSES CAUSE NO ONE WANTS OUR SPOUSE TO KNOW HOW MUCH WE’RE ACTUALLY PAYING. (LAUGH) BUT IN OUR COUNTY $11 MILLION ARE SPENT IN CAPITAL COST OF BUYING AND LEASING HORSES BUT ANOTHER $70 MILLION A YEAR IN ONE LITTLE COUNTY IS SPENT TO SUPPORT THEM. COMING DOWN TO ABOUT $4,000 A HORSE PER YEAR. AND THAT TAKES THE FORM OF FEED, HAY, STRAW, BEDDING, FENCING, BARN. IT PAYS FOR VETS AND FAIRERS. IT PAYS FOR TAC, TRANSPORTATION AND THE WHOLE HORSE SHOW INDUSTRY.

SIMILARLY OUR INDUSTRY IN ONE COUNTY ALONG ATTRACTS OVER 100 THOUSAND VISITORS A YEAR. THAT’S BECAUSE WE HAVE A LOT OF EVENTS. STEEPLE, CHASES AND A LOT OF VARIED EVENTS. IT’S NOT JUST FOX HUNTING. IT’S MORE SPECTATOR FRIENDLY EVENTS LIKE POLO, AND LOTS AND LOTS OF HORSE SHOWS FROM EVERYTHING FROM WESTERN PLEASURE TO _________. WE ALSO HAVE A TERRIFIC - PUT AN INDUSTRY LIKE THIS IN AN AREA YOU’D START BUILDING THE INFRASTRUCTURE WITH SUPPORTS IT. WHICH ATTRACTS EVEN BETTER RIDERS AND TRAINERS AND SO WE HAVE TWO __________ TREATMENT CENTERS FOR HORSES. WE HAVE A CENTER WHICH DOES NUTRITION RESEARCH. SO, IT KEEP - WE HAVE MORE OLYMPIC LEVEL AND WORLD CLASS LEVEL RIDERS THAN ANY PLACE IN THE WORLD.

NOW TOURISM. THIS IS THE BIGGEST INDUSTRY AND AGAIN ONE THAT IS OFTEN NOT CREDITED TO THE OPEN SPACE IN FARM LAND THAT IS BASIS FOR AGRI-TOURISM. BUT IT’S A BOOMING INDUSTRY AND OUR COUNTY DOES A PRETTY AGGRESSIVE SUCCESSFUL JOB. AND CONTINUING TO ADD VALUE TO THE VISITOR’S EXPERIENCE AND TO GET THEM TO STAY LONGER. TO EAT AND TO BUY SOMETHING. AND WE PASSED OUR SOME BROCHURES BUT JUST SOME OF THE THINGS WE DO TO ATTRACT PEOPLE AND PARTICULARLY FAMILIES. THESE ARE REALLY TRYING TO BE CHILD FRIENDLY EXPERIENCES. FIRST OF ALL MOST OF THESE ARE FREE. NUMBER ONE. WE HAVE THE SPRING FARM TOUR, AND THE BROCHURE IS OUT THERE BUT I THINK THERE ARE 20 DIFFERENT FARMS FROM VINEYARDS TO LARMA FARMS, TO BUFFALO TO PICK YOUR OWN FLOWERS. AND THERE’S A WONDERFUL MAP AND PLACES TO EAT. SO IT’S ALL SET UP TO BE A VERY EASY USES FRIENDLY EXPERIENCE.

THOSE ARE GROWING AT 300 PERCENT A YEAR. WE HAD 2,000 PEOPLE THREE YEARS AGO. WE HAD 12,000 PEOPLE LAST WEEK. SO THAT’S A VERY SUCCESSFUL EXPERIENCE. WHEN YOU’RE NEAR A URBAN CENTER, BUT I’M SURE THAT’S A REQUIREMENT. I THINK IT MAY WORK IN OTHER AREAS AS WELL. A LOT OF OUR VISITORS ARE FROM OUR OWN COUNTY.

WE HAVE WINE TRAILS AND TASTINGS. WE HAVE HARVEST FESTIVALS PARTICULARLY FOR CHILDREN. WE HAVE PUMPKIN LAND WHICH IS TERRIFICALLY SUCCESSFUL. WE HAVE FLOWER AND GARDEN TOURS. WE HAVE CHRISTMAS TREE FARMS. I THINK THE CHRISTMAS TREE FARM GET 50,000 VISITORS A YEAR. WHERE YOU NOT ONLY GO OUT WITH YOUR FAMILY AND CUT DOWN THAT TREE BUT THERE’S ALL KINDS OF CHOCOLATE AND SONGS AND RIDES AND EXPERIENCES AROUND THAT. SO YOU SPEND THE WHOLE DAY AT THE CHRISTMAS TREE FARM. WE’VE DESIGNATED PART OF OUR AREA, THE MOSEBY HERITAGE AREA. AND WE GOT TAPES WE PUT IN THE CAR SO THERE’S A HISTORICAL CAR TOUR EXPERIENCE GOING AROUND TO THE DIFFERENT BATTLE SITES OF THE CIVIL WAR. WE HAVE SIX FEXTIVALS WHICH CELEBRATE THE CULTURAL HERITAGE OF OUR DIFFERENT VILLAGES. AND AGAIN, EVERY TOURIST THAT COMES TO THE COUNTY WE’RE TRY TO FIGURE OUT HOW TO GET THEM TO STAY FOR THE WEEKEND OR HOW TO GET THEM TO STAY FOR THE WEEK. AND HOW TO TIE IN AS AGRI-TOURIST EXPERIENCES WITH SOME HISTORICAL AND CULTURAL EXPERIENCE. AND TRY TO GET THOSE TWO SECTORS TOGETHER BECAUSE IF YOU LOOK AT TOURIST STATISTICS THOSE THREE GROUPS ARE THE MOST ATTRACTIVE TO HAVE VISIT YOUR COUNTY BECAUSE IT SPEND THE MOST.

SO WHAT DO WE DO TO EXPAND THE RURAL ECONOMY IN AN AREA WHERE THE LAND IS BEING TRHEATENED BY URBAN DEVELOPMENT? FIRST OF ALL, SAVE THE LAND. I SUSPECT THIS IS COUNTRY SPECIFIC. I DON’T KNOW HOW MANY OF THESE LESSONS WILL BE USEFUL TO PEOPLE FROM OTHER LANDS BUT, IN THE U.S. WE DO NOT HAVE STRONG LOCAL, CERTAINLY IN VIRGINIA, WE DO NOT HAVE STRONG LOCAL LAWS OR EVEN STATE LAWS WITH REGARD TO THE THINGS WE ARE ABLE TO DO TO PROTECT LAND. SO IT TAKES A VARIETY OF DIFFERENT PUBLIC/PRIVATE EFFORTS TO SAVE THE LAND. WE’VE DONATED EASEMENT. HOW MANY PEOPLE KNOW WHAT THAT MEANS? OK. DONATED EASEMENT ARE WHERE A FARMER DONATES TO A NON-PROFIT ORGANIZATION IN VIRGINIA. IT’S THE VIRGINIA OUTDOORS FOUNDATION HE OR SHE DONATES THE DEVELOPMENT RIGHTS ON THAT. LET’S SAY 300 ACRE FARM. AND SO THAT IN EXCHANGE FOR A TAX WRITE OFF AGAINST INCOME BECAUSE YOU DEVALUED YOUR LAND, YOU GIVE THIS FOUNDATION THE RIGHTS TO DEVELOP THE LAND. OF COURSE, THEY NEVER EXERCISE THEM SO YOU PUT THAT LAND IN RESERVE AND IT CAN’T BE DEVELOPED. IN POINT-OF-FACT, THE LAND CAN BE DEVELOPED FOR THE FAMILY. THEY CAN USUSALLY GET ANOTHER HOUSE OR TWO ON IT TO ENABLE THE FAMILIES TO CONTINUE TO FARM IT. BUT IT IS TAKEN OUT OF THE LAND WHICH IS AVAILABLE FOR DEVELOPERS TO BUY. IN THE PIEDMONT ALONE WE HAVE ABOUT 100,000 ACRES IN EASEMENT. YES.

IT IS. THE VIRGINIA OUT DOOR FOUNDATION IS EXPRESSLY SET. WHEN YOU HAVE - DONATE YOUR EASEMENT YOU HAVE A CONTRACT AND IF IT’S A 300 ACRE PARCEL - MY NEIGHBOR FOR EXAMPLE, GOT TO PUT ON TWO HOUSES. SO THAT PARCEL CONVEYS WITH THE RIGHT TO BUILD AN ADDITIONAL TWO HOUSES, BUT NO MORE. AND THE VIRGINIA OUT DOORS FOUNDATION IS THE STATE FUNDED AGENCY WHICH ENFORCES THE EASEMENT. AND THEY’VE NEVER BEEN BROKEN. THEY’RE EASEMENT IN PREPRETURITY.

WELL, YOU’D HAVE TO GO TO COURT AND BREAK THE EASEMENT. NOW I’M NOT SURE THAT CAN’T BE DONE BUT IT NEVER HAS BEEN DONE. IT’S NEVER EVEN BEEN ATTEMPTED.

YES.

YES. USUALLY LAND. I CAN ONLY SPEAK FOR VIRGINIA. BUT LAND IN EASEMENT IS DEFACTO IN LAND USE. WHICH MEANS YOU GET - LAND USE TAXATION MEANS THAT LAND IN AGRICULTURE IS TAXES AT ABOUT 1/10 THE RATE OF ALL OTHER LAND. IT GIVES THE FARMERS A BREAK. OTHER THAN THAT IN THE U.S., I DON’T THINK ANYWAY, YOU CAN RESTRICT WHAT THE FARMER DOES. BUT IF YOU DONATE YOUR DEVELOPMENT RIGHT YOU’RE AUTOMATICALLY IN THE LAND USE PROGRAM. SO YOU DON’T HAVE TO WORRY ABOUT PERTAINING THAT RIGHT.

YES. WE’LL I’M FROM VIRGINIA AND I’M NOT A LAWYER. WE HAVE - I DON’T KNOW - I KNOW WHAT HAPPENS WHEN YOU PUT YOUR LAND IN EASEMENT BECAUSE OUR LAND IS IN EASEMENT. YOU ARE VERY STRICTLY LIMITED FOR WHAT YOU CAN BUILD ON THAT PROPERTY. ALTHOUGH TODAY, ALL AGRICULTURAL BUILDINGS HAVE BEEN ALLOWED ON. AND AS FAR AS I KNOW, I MEAN THE ZONING LAWS YOU HAVE TO BUILD 100 FEET AWAY FROM YOUR PROPERTY LINE. I DON’T THINK THERE’S ANYTHING OTHER THAN THAT. AND YOU HAVE THE RIGHT TO BUILD WHAT YOU WANT.

THIS IS A STATE. WELL ACTUALLY TO BRING UP SOMETHING ELSE BUT THEN SPEAK TO THIS IN A MINUTE. I WAS JUST TALKING ABOUT DONATING EASEMENTS FOR THE VIRGINIA OUTDOORS FOUNDATION WHICH GENERALLY TEND TO BE STATE AGENCIES ON DONATED EASEMENTS. BUT LET’S TALK ABOUT SOME OF THE OTHER APPROACHES THAT ARE USED TO RESERVE AND PRESERVE RURAL LAND. ONE OF THEM IS THE TRANSFER OF DEVELOPMENT RIGHTS. AGAIN, THIS WILL DEPEND UPON STATE LAW. THAT WHERE YOU TAKE AN AREA WHERE YOU’RE TRYING TO PRESERVE FARM LAND AND TRANSFER THOSE DEVELOPMENT RIGHTS TO AN AREA WHERE YOU HAVE DESIGNATED FOR THE RESIDENTIAL GROWTH. THAT ALSO GIVE THE FARMER THE SAME ADVANTAGES IN TERMS OF TAX ADVANTAGES AND ADDITIONALLY FUNNELS RESIDENTIAL GROWTH WHERE THE INFRASTRUCTURE IS THERE TO SUPPORT IT. IT’S A DESIRABLE THING TO DO.

WE ALSO HAVE PURCHASE OF DEVELOPMENT RIGHTS. WHERE A STATE AGENCY. FOR EXAMPLE, VIRGINIA BEACH AND MARYLAND ARE BOTH USING THIS TECHNIQUE WHERE THE CITIZENS VOTE FOR A VERY SMALL INCREASE IN SOME SORT OF A LOCAL SALES TAX AND THAT IS USED TO PURCHASE DEVELOPMENT RIGHTS ON A FARM. THAT IS THE FARMER GETS CASH. ALTHOUGH IT’S OVER 20 YEARS IN THE CASE OF VIRGINIA BEACH. BUT IT’S A VERY ATTRACTIVE COMPENSATION TO THE FARMER SO THAT LAND WILL REMAIN IN PREPERTUITY NOT DEVELOPED AND DESIRABLY IN AGRICULTURAL USE.

THE LIMITATION OF THAT IS THAT ALMOST NO AREA HAS ENOUGH MONEY. ENOUGH TAX RAISING COMPACITY TO BUY HUGE SPACES. WHAT PDR, (PURCHASE OF DEVELOPMENT RIGHT) ARE USED FOR ARE TO HINT FULLY VERY DESIRABLE PIECES OF LAND THAT MIGHT BE THREATENED THAT WOULD ALSO SERVE AS A KIND OF A LYNCH PEN AND ATTRACT OTHER KINDS OF EFFORTS TO KEEP THE LAND AROUND IT IN AGRICULTURE USE. THE LAND USE TAXES, WHEN YOU SURVEY FARMERS ABOUT WHAT CAN THE LOCAL/COUNTY GOVERNMENT DO FOR THEM, THEY SAY NEVER GET RID OF THE LAND USE TAX. BECAUSE WITHOUT THAT A AWEFUL LOT OF THEM WILL GO OUT OF BUSINESS.

ANOTHER APPROACH IS USING AGRICULTURAL DISTRICTS. NOW THIS IS NOT A TERRIBLY STRONG - IN OUR ARE ANYWAY - BUT IT DOES HELP, IT ASSIST FARMERS IN ADDRESSING THEIR PARTICULAR NEEDS FOR FARM LABOR, LOCAL SERVICES, SOIL/WATER CONSERVATION AND RESIDENTIAL INTRUSION. IT DOES PUT A STRING AROUND AN AREA THAT IS CALLED AN AGRICULTURAL ZONE AND IT STRENGTHENS THE RIGHTS OF FARMERS WHO ARE THERE AND MAKES IT A BIGGER HURDLE TO BE ACQUIRED FOR RESIDENTIAL DEVELOPMENT. YOU MAY KNOW MORE ABOUT AGRICULTURE ZONES THAN I DO.

DO YOU?

OK.

LAND TRUST, THAT’S WHAT I THINK THE CONSERVATION FUND IS ALL ABOUT. IT’S A LAND TRUST. AND THAT AGAIN IS THUS CAN BE PUBLIC OR - A LAND TRUST - ANYBODY CAN PUT TOGETHER - WE ALL CAN GET TOGETHER AND PUT A LAND TRUST TOGETHER. THE TRICKY PART OF THE LAND TRUS IS GETTING THE MONEY TO BUY THE LAND. BUT THAT IS A TECHNIQUE USED OFTEN BY PUBLIC AND PRIVATE ORGANIZATIONS TO PRESERVE LAND AGAIN, THAT ARE PARTICULARLY DESIRABLES. SUCH AS IN A PRIMARY SOIL ZONE OR IT’S A VISUAL LAND MARK.

OTHER THINGS THAT WORK WELL TO KIND OF ERECT A LITTLE BIT OF A WALL AROUND DESIRABLE LAND ARE REAL HERITAGE AREAS WHICH LOUDON AND FAULKAIR DON WITH THE MOSEBY HERITAGE AREA. AND IT TENDS TO ATTRACT OTHER THINGS THAT LIKE TOURISM IN PARTICULAR THAT BENEFITS FROM THAT LAND RETAINED IN OPEN SPACE.

AGRICULTURE ENFORCES ALL DISTRCITS. ALSO HAVE ZONING LIMITATIONS ON THEM SO IT PROTECTS THEM TO SOME DEGREE.

FINALLY, AND PROBABLY THE MOST IMPORTANT THING IS TO TRY AND ADOPT VIRGINIA LOOKS WITH GREAT ENVY AT MARYLAND WHO HAS BEEN SO MUCH MORE SUCCESSFUL IN THIS BUT ADOPTING LOCAL AND STATE GOVERNMENT REGULATIONS THAT ENCOURAGES RESIDENTIAL DEVELOPMENT INCLUSTER FORMS INSTEAD OF THE SPRAWLED PATTERN OF DEVELOPMENTS THAT SET PERFORMANCE STANDARDS TO MINIMIZE STRUCTURAL AND OTHER INTRUSIONS LIKE LIGHT NOISE. AND MOST IMPORTANTLY TO SET APPROPRIATE STANDARDS FOR RURAL ROADS. IF YOU DON’T SET ASIDE CHARACTERISTICS OF RURAL ROADS THEY’RE ALL GOING TO BE COVERED OVER AND LOOK LIKE FREEWAYS.

OK. I THINK I GOT ABOUT TWO MORE PAGES. I’LL GO THROUGH THIS.

SECONDLY, IN REINVEST IN THE RURAL ECONOMY AND THIS CAN BE A KIND OF A REVOLUTIONARY THOUGHT TO SOME LOCAL DECISION MAKERS. BUT ECONOMIC DEVELOPMENT OFFICES AND COUNTIES, AND TO A LESS EXTENT, AND STATES SPEND A LOT OF TIME TRYING TO ATTRACT HI-TECH CLEAN INDUSTRY TO THEIR COUNTY BECAUSE IT MEAN JOBS. SO THEY PAY FOR ROADS. THEY DEVELOP TRAINING PROGRAMS. VIRGINIA HAS JUST DONE OVER $230,000.00 HI-TECH TRAINING PROGRAM TO PRODUCE HI-TECH WORKERS FOR THE HI-TECH INDUSTRIES HERE. THEY ________ HIGH PROFILE MARKETING CAMPAIGN IN EUROPE AND NORTH AMERICA TO ATTRACT BIG CORPORATIONS. THEY CONVEY TAX BENEFITS. THEY EXEMPT CERTAIN PROPERTIES OF CAPITAL GOODS FROM TAXATION TO ATTRACT LARGE CORPORATIONS. WHAT WE SAY HAS OFFERD THOSE SAME BENEFITS TO THE AGRICULTURAL OPERATIONS ALREADY IN PLACE.

FIND OUT WHAT FARMERS NEED. THIS IS EASY AND IT’S OBVIOUS. DO AG SURVEYS. PUT TOGETHER AN AG ADVISORY BOARD THAT PRODUCES AN ANNUAL REPORT. WE ADDED AN AGRICULTURE SPECIALIST TO OUR ECONOMIC DEVELOPMENT OFFICE WHO HAS DONE ALL THESE BROCHURES. AND THEN LISTEN TO WHAT THE FARMER SAY. THIS IS WHAT THEY TOLD US IN LOUDON. INCREASE THE PUBLIC AWARENESS OF AGRICULTURE’S CONTRIBUTION TO THE ECONOMY AND QUALITY OF LIFE. INCREASE ACCESS TO LABOR. THEY’RE ALWAYS SCREAMING FOR FARM LABOR. PROMOTE INCREASE AVAILABILITY OF CREDIT AND CAPITAL. SUPPORT, MOST IMPORTANTLY, SUPPORT DIRECT MORKETING THROUGH FARMERS MARKET AND AGRI-TOURISM. DEVELOP REGIONAL AND COOPERATIVE MARKETING AND TRANSPORTATION TO METROPOLITAN AREAS. THAT’S EASIER WHEN YOU’RE AROUND A BIG MARKET LIKE WASHINGTON BUT AWEFUL LOT OF FARMERS DON’T TAKE ADVANTAGE OF THESE MARKETS. DEVELOP SPECIALITY THAT ARE PARTICULARLY INTERESTED IN FARM BASED PRODUCTION AND INTERNATIONAL. WHEN YOU’RE IN A BIG AIRPORT LIKE DULLES, YOU CAN LOOK AT INTERNATIONAL MARKETS AS WELL.

THE NEXT POINT IS VERY DEAR TO A LOT OF OUR HEARTS. STAY CURRENT. OUR AGRICULTURE IN ANY EVENT AND OTHER AREAS I THINK ARE GOING THROUGH A VERY RAPID EVOLUTION FROM COMMODITY FARMING TO SMALLER ACERAGE, VALUE ADDED PRODUCTS AND DIRECT SALES TO CONSUMERS. AGRICULTURE BIO-TECHNOLOGY IS A POSSIBILITY. BUT YOUR SYSTEMS OF MEASURING AGRICULTURE ECONOMY OF CONDUCTING RESEARCH FOR AGRICULTURE AND SUPPORTING AGRICULTURE TENDS NOT TO HAVE FOLLOWED THIS EVOLUTION. SO WE’RE SUPPORTING ONLY ONE PART OF THE AGRICULTURAL ECONOMY.

IN LOUDON WE’VE PLANNED A COUNTRY LIFE CENTER WHICH, JUST TO SUMMARIZE IT, WILL BE A SHOW PLACE FOR STUDENTS AND FARMERS WILL DEMONSTRATE THE LATEST RESEACH ON CROPS AND PRACTICES. BUT WILL ALSO OFFER A FARMERS MARKET RESTAURANT AND SHOPS FOR DIRECT SALES.

FINALLY, SHIFT SOME OF THE AGRICULTURAL RESEARCH SUPPORTED BY LAND GRADED UNIVERSITIES AGAIN TO THE NEW FARMERS. ORGANIC INPUT. SUSTAINABLE PRACTICES. VALUE ADDED PRODUCTS. SPECIALTY MARKETING. CAPTURING RETAIL DOLLAR AND RESEARCHING YOUR CUSTOMERS.

BOTH. WE REALLY NEED TO BROADEN THE BASE OF OUR SUPPORT AND THE MORE DIVERSIFIED IT IS USUALLY THE MORE CERATIVE AND CURRENT THE RESEARCH EFFORTS ARE.

FINALLY, IN OUR COUNTY WE TURN THE TIDE. RESIDENTIAL DEVELOPMENT IS THE PRIMARY INDUSTRY IN VIRGINIA AND IT IS BY FAR THE LARGEST LOBBIEST. SO, THOSE OF US WHO WERE TRYING TO MAKE THE ARGUMENT FOR PRESERVING RURAL LAND HAD A REAL UP HILL BATTLE FOR ABOUT 17 YEARS. WHAT TURNED THE TIDE WAS GETTING THE PUBLIC INVOLVED.

FARMERS HAD A SMALL PART OF THE ECONOMY. AND THEY’RE A SMALL PART OF THE PUBLIC CONSCIOUSNESS. AND WE COULDN’T HAVE GOTTEN WHERE WE DID BY JUST INVOLVING FARMERS IN THE PROCESS. WE HAD TO GET THE TAX PAYERS INVOLVED IN THE PROCESS. IN VIRGINIA, IN ANY EVENT, OR ELECTED OFFICIALS (I HOPE THEY LET ME BACK IN THE COMMON WEALTH WHEN I GO HOME TONIGHT.) ELECTED OFFICIALS TEND TO BE VERY RESPECTFUL I SAID TACTFULLY OF THE RESIDENTIAL DEVELOPMENT INDUSTRY. THEY POO-POO THE HORSE INDUSTRTY AS A HOBBY. THEY THINK OF AGRICULTURE IN TRADITIONAL TERMS AND IN DECLINE. AND THEY FORGET THAT TOURISM IS BASED UPON A FOUNDATION OF OPEN SPACE AND HISTORICAL PRESERVATION. BUT IN LOUDON ARE CROWDED SCHOOLS, INCREASING PROPERTY TAXES AND TRAFFIC CONGESTION ARE BROADLY UNDERSTOOD TO BE THE RESULT OF TOO FAST GROWTH SPRAWLED. FOR THE FIRST TIME IN RECORDED HISTORY, BUT MAYBE ONLY THE PAST 50 YEARS, OUR SUPERVISORS HAVE DENIED A HIGHER DENSITY REZONING. AND SPONSORED THE DEVELOPMENT OF A RURAL BUSINESS PLAN THAT WAS PARTICIPATED IN BY ALL THE PARTIES AT THE TABLE.

FINALLY, WHEN WE DID A SURVEY THIS SPRING, 76 PERCENT OF OUR COUNTY SEES GROWTH AND CONGESTION AS OUR BIGGEST PROBLEM. AND THAT ON DARK DAYS WHEN YOU’RE SPEAKING TO PUBLIC DECISION MAKERS WHO ARE MAKING FUN OF YOU, REMEMBER BEHIND YOUR BACK IS THE FORTH ESTATE. THE PAPERS, THE RADIO, THE TELEVISION. AND THEY CAN BE YOUR BEST FRIEND IN GETTING THE MESSAGE OUT TO THE PUBLIC. THANK YOU.

(APPLAUSE)

HI! DOES ANYBODY HAVE ANY MORE QUESTIONS FOR JANNIE? AND MAYBE WE SHOULD - IF YALL ARE INTERESTED AFTER WE’RE DONE IN GETTING ANY OF OUR ADDRESSES OR TELEPHONE NUMBERS, COME ON UP.

YEAH, WE REALLY HAVE. I DIDN’T GIVE CREDIT TO THE BIG NATIONAL ORGANIZATIONS. WE’RE JUST A LITTLE HUMBLE REGIONAL ORGANIZATION. THOUGH WE WERE THE PEOPLE WHO SPEARHEADED THE MOVE TO GET DISNEY NOT TO PUT THEIR HISTORIC PARK IN OUR BACKYARD. WE SAID WE GAVE REAL HISTORY. REAL CLOSE.

THE NATURE CONSERVANCY IS DOING SOME VERY CREATIVE REALLY LEADING, THOUGHT LEADING THINGS IN TERMS OF SUPPORTING BIO-FRIENDLY INDUSTRY AROUND THE AREAS WHERE THEY ARE TRYING TO RESERVE IT FOR THE SPECIES. YOU CAN’T RESERVE A 200 ACRE PRESERVE FOR SOME LITTLE BUG OR BIRD AND HAVE A POLLUTING INDUSTRY RIGHT ON THE OUTSIDE. SO THE NATURE CONSERVANCY HAS DONE SOME VERY CREATIVE THINGS. PARTICULARLY THE VIRGINIA BEACH. IT’S THE WHOLE PROJECT AND THE NATURE PRESERVANCY HAS IT WRITTEN UP. BUT YOU CAN CONTACT THEM. THE AMERICAN FARM LAND TRUST HAS BEEN ABSOLUTELY TERRIFIC ABOUT SPEARHEADING THIS ARGUMENT ON A NATIONAL BASES. IT’S JUST THAT - I PROBABLY DIDN’T EMPHASIZE THEM FOR ONE THING. WITH ALL DO RESPECT, I CAN’T REPRESENT THEM CAUSE I ONLY KNOW A LITTLE BIT ABOUT WHAT THEY DO. BUT THEY DO REALLY CARRY THE NATIONAL ARGUMENT FORWARD. FOR EXAMPLE, ALL OF US PARTICIPATED IN HELPING PASS THE AMERICAN FARM AND RAND PROTECTION ACT WHICH PASSED LAST YEAR. WHICH IS A TERRIFIC HELP TO MAKE, TO EXEMPT A CERTAIN PART OF FARMS FROM STATE TAX WHEN IT’S PASSED DOWN AS A WORKING FARM. AND AFTER AND NATURE CONSERVANCY ALL WERE VERY ACTIVE. I CAN’T SAY ENOUGH GOOD ABOUT THOSE ORGANIZATIONS. IT’S JUST THAT AS A HUMBLE SOLDIER IT’S A LOCAL ARGUMENT AND YOU HAVE TO KIND OF FIGHT IT WITH LOCAL TOOLS.

WE’RE GOING TO KIND OF SWITCH GEARS A LITTLE BIT HERE. WE SPEND SOME TIME UP IN OUR ROOM A LITTLE WHILE AGO TRYING TO FIGURE OUT HOW WE ALL KIND OF GOT ON THE SAME PROGRAM TOGETHER. (LAUGH) BUT WE HAVE FIGURED THIS OUT AND WE HAVE FIGURED OUT HOW WE ALL TIE TOGETHER.

MY NAME IS JANNIE HIPP, THE LAST NAME. I LIVE IN FAITVILLE, ARKANSAS. WELL HOME OF MANY THINGS BUT WHICH WE DON’T GET INTO THAT. BUT I WORK AT A PLACE CALLED THE NATIONAL CENTER FOR AGRICULTURE. A LAW RESEARCH AND INFORMATION WHICH IS FUNDED OUT OF THE NATIONAL AGRICULTURAL LIBRARY WHICH HAS A HAND IN THE EXHIBITORS AREA. AND WE’VE BEEN AROUND FOR OVER 10 YEARS AND WE FOCUS ON AGRICULTURAL LAW RESEARCH. WE DO PUBLICATIONS FOCUSED TOWARDS FARMERS AND RANCHERS AND THE AGRICULTURAL COMMUNITY. AND THEY COVER THE WATER FRONT. WE’VE HAD FORESTRY BULLETINS. WE’VE HAD EMPLOYER/EMPLOYEE RELATIONS BULLETINS. WE’VE HAD BOOKS ON INSURANCES. WE’VE HAD ENTIRE SERIES ON ENVIRONMENTAL REGULATIONS. THE LIST GOES ON AND ON. BUT MY FOCUS FOR THE LAST SIX YEARS HAS BEEN ON EXAMINING THROUGHOUT THE STATES INTO A CERTAIN DEGREE WHAT IS HAPPENING IN OTHER COUNTRIES. BUT AS YOU CAN IMAGINE, SITTING IN THE MIDDLE OF THE U.S. OUR CALLS TEND TO BE AMONG THE 50 STATES HERE. BUT WE DO DRAW INSTRUCTION IN OUR RESEARCH FROM WHAT OTHER COUNTRIES ARE DOING AS WELL IN SOME OF THESE AREAS BUT, MY FOCUS HAS BEEN ON TRYING TO KEEP TRACT, AND AS YOU CAN IMAGINE, THIS IS A DAUNTING PROCESS OF ALL OF THE ENVIRONMENTAL REGULATIONS THAT AGRICULTURE IS FACING. LITTLE DID I KNOW WHEN I WENT BACK TO LAW SCHOOL AFTER BEING OUT FOR ABOUT 12 YEARS, THAT TO GET A AGRICULTURE LAW MASTERS THAT I WAS GOING TO BE ADDING SO MANY GREY HAIRS TO MY HEAD OF HAIR. FOR SOME REASON THIS SEEMS TO BE THE AREA I WAS DESTINED TO TAKE A BOOK AT. WHEN WE FIRST STARTED LOOKING AT THESE ISSUES, WE LOOKED AT NOT ONLY ENVIRONMENTAL REGULATIONS BUT WE RECOGNIZED RIGHT UP FRONT EARLY ON THAT IT’S NOT ENOUGH TO LOOK AT ENVIRONMENTAL REGULATION, YOU NEED TO LOOK AT RIGHT TO FARM LEGISLATION, WHICH I’M GOING TO GET INTO IN SOME DETAIL TODAY. YOU NEED TO LOOK AT THOSE FEW STATES IN THE UNITED STATES IF YOU’RE LOOKING AT A U.S. SORT OF PICTURE THAT HAD TRIED TO DO ANTI-CORPORATE FARMING STATUTES. THERE ARE ONLY NINE OF THOSE STATES THAT HAS EVER BEEN IN EXISTENCE. BUT THOSE TYPES OF STATUTES DO AFFECT AGRICULTURE VERY MUCH SO IN THOSE NINE PARTICULAR STATES. THERE IS SOME ARGUMENTS - NOT ENOUGH - BUT THAT’S ANOTHER. WELL, WE’LL GET THERE. (LAUGH)

WE ALSO LOOKED AT FARM LAND PRESERVATION. SO THESE CONCEPTS ARE FAMILIAR TO ME. WE LOOKED AT FIRST THESE TYPES OF ISSUES WITH REGARDS TO LIVESTOCK ISSUES. BUT WE’RE IN THE MIDST OF A PROJECT RIGHT NOW THAT MELINDA, OUR NEXT SPEAKER, HAS BEEN WORKING ON TOO THAT REALLY EXPANDS THIS IN TO GRAIN ISSUES AS WELL AND COVERS THE ENTIRETY OF THE AGRICULTURE INDUSTRY AS A WHOLE.

OUR MOST RECENT PUBLICATIONS ARE RELEASED ON OUR WEB SITE AND WE DO HAVE A WEB SITE. AND THERE’S SOME GREAT CONNECTIONS TO OTHER WEB SITES ON THAT. SO I’LL BE GLAD TO GIVE THAT TO YALL BUT IT’S TOO LENGTHY FOR ME TO - YOU KNOW HOW THOSE WEB SITES CAN BE. IT’S REALLY LONG. ANYWAY, IT’S A GOOD WEB SITE.

BUT MY BACKGROUND THOUGH IS IN SOCIOLOGY. AND MY BACKGROUND GROWING UP IS IN A HIGHLY RURAL AND VERY REMOTE AREA OF SOUTHEAST OKLAHOMA. PEOPLE USE TO STAND OVER THAT PART OF THE STATE TO GIVE THE WEATHER OF THE REST OF THE STATE. FOR A LONG TIME WE DIDN’T EVEN GET ANY SORT OF OKLAHOMA TV OR RADIO STATION. WE DIDN’T KNOW EXACTLY WHY WE STUDIED OKLAHOMA CIVICS IN SCHOOLS SO. WE PRETTY MUCH HAVE FORGOTTEN THE AREA OF THE STATE. AND THE HIGHER AGRICULTURE AREA, HIGH TIMBER AREA. THERE’S A HIGH POVERTY AREA. SO I HAVE TO EXPLAIN TO PEOPLE UP FRONT I BRING MY PERSONAL HISTORY TO THE TABLE WHEN I DISCUSS THESE SORTS OF THINGS. WE ARE AND YOU’RE A PART OF THIS. HEAD OF PRESENTATION CALLED THE RIGHT TO FARM vs. THE RIGHTS OF OTHERS.

FARM LAND PRESERVATION AND ALL OF THE TOOLS THAT GO INTO THAT POCKET ARE EXTREMELY IMPORTANT IN THAT SORT OF CONFLICT THAT ARISES WHEN THEY’RE IN THE PROCESS OF LOSING VALUABLE FARM LAND. AND HOW DO YOU KEEP THAT AS A BIBLE ENTITY? BUT WE’RE ALSO SEEING IT GOES WITHOUT SAYING, BUT NOT EVERY PLACE IS SUBJECT TO AS MUCH URBAN SPRAWL AS THE WASHINGTON, DC AREA OR SOME OTHER MAJOR METRO AREA IN THE U.S. THAT I CAN THINK OF. COMING FROM ARKANSAS, AND OKLAHOMA ORIGINALLY, I WAS TELLING JANNIE EARLIER THAT I WENT TO THE HEAD OF FARMERS UNION ABOUT SEVEN YEARS AGO AND I SAID “YOU KNOW THIS FARM LAND PRESERVATION IS STATUTES. YOU KNOW THERE’S LOTS OF THEM IN MANY STATES AND MAYBE OKLAHOMA SHOULD LOOK AT THESE.” AND HE LOOKED AT ME AND SAID “WE DON’T NEED THAT. WHY DO WE NEED THAT?” TO THIS DAY, THERE ARE NO STATUTES OF THAT KIND ON THE BOOKS IN THAT PARTICULAR STATE. BECAUSE IT’S NOT SEEN AS AN ISSUE. THERE ARE ONLY THREE MAJOR URBAN AREAS IN THAT WHOLE STATE.

SO WE HAVE EXTREMELY REMOTE AREAS THAT STILL STRUGGLE WITH ISSUES IN PHILANTRIPHICATION AND ROADS AND THINGS OF THAT NATURE. AND I’M SURE THAT THERE ARE MANY OF YOU OUT THERE IN THE AUDIENCE WHO ARE MOST TYPES OF CIRCUMSTANCES. AND NOT NECESSARILY A BETTING AND A MAJOR URBAN AREA. AND I BEGAN LOOKING AT THE DIFFERENT TYPES OF SUBJECT MATTERS THAT ARE GOING TO BE TOUCHED ON. THROUGHOUT THIS CONFERENCE AND REALLY MANY OF THEM COULD COME UNDER THIS PARTICULAR TITLE OF “RIGHTS TO FARM vs. RIGHTS OF OTHERS.”

(1) CONTROL OF LAND.

(2) NEEDS OF PRODUCTION AND ENVIRONMENTAL CONCERNS.

(3) THE AGRI-BUSINESS GROWTH.

(4) BALANCING ALLOCATIONS OF RESOURCES.

(5) ECO-SYSTANCE CONSERVATION.

I MEAN THE LIST JUST GOES ON AND ON. BUT I THINK WHAT SERVES AS THE BACKGROUND FOR MY THINKING ABOUT THIS SUBJECT TODAY IS IT’S NOT ANY BIG SURPRISE THAT IN THE AGRICULTURE INDUSTRY REMOVING TO GREATER AND GREATER CONCENTRATION. PARTICULARLY IN THE LIVESTOCK ARM OF THE INDUSTRY. THE MARKETS ARE BEING CONTROLLED BY A HANDFULL OF LARGE AGRI-BUSINESS CORPORATE ENTERPRISES. WE CONTINUE TO LOSE FARM LAND EVERY YEAR. THERE ARE AN INCREASE, AT LEAST IN OUR AREA OF THE COUNTRY, IN WHAT IS CALLED THESE INTEGRATED RELATIONSHIPS. VERTICALLY INTERGRATED THE ENTIRE POULTRY INDUSTRY. I MEAN THAT’S IT. I MEAN YOU CAN GROW YOUR OWN BIRDS IN ARKANSAS AND OKLAHOMA BUT YOU HAVE NO MARKET FOR THEM. PERIOD. THERE IS NO PLACE THAT YOU CAN GET THEM PROCESSED AND THERE’S REALLY NO MARKET FOR YOU TO SELL THEM. SO THE POULTRY SEGMENT OF THE INDUSTRY IS ENTIRELY VERTICALLY INTEGRATED. YOU’RE LOSING MORE AND MORE MARKETS ON YOUR CATTLE AND HOG INDUSTRY AS WELL. WE HAVE A CONTINUED OUR MIGRATION FROM RURAL AREAS OF OUR YOUNG PEOPLE. OUR AGE OF FARMERS CONTINUE TO RISE SO THIS NOT ANYTHING NEW TO ANYBODY I KNOW. BUT BARE WITH ME. I HAVE A LITTLE BACKGROUND TO PUT IN PLACE.

THE TREND IN THE LIVESTOCK INDUSTRY IS TOWARD VERY LARGE CONFINED HOUSES OR BARNS. THESE ARE USUALLY ENCLOSED FACILITIES WITH CONTROLLED FEED. CONTROLLED CONDITIONS FOR RAISING THE ANIMALS. CONTROLLED GENETICS AND VERY MUCH CONFINEMENT OF THE ANIMALS IN LARGE NUMBERS.

WHAT WE HAVE SEEN THOUGH AND WHAT BRINGS ME TO THE TITLE OF THIS “RIGHTS OF FARMERS vs. RIGHTS OF OTHERS.” IS WHEN WE’RE IN THE MIDST OF THIS TECHNOLOGICAL AND INDUSTRIALIZED MODEL OF AGRICULTURE. AND I THINK EVERYONE WILL ADMIT THAT. WE HAVE THIS WHOLE OTHER SEGMENT OF AGRICULTURE IS WHAT JANNIE WAS TALKING ABOUT EARLIER WHICH IS THE NITCH AND THE NEW VALUE ADDED AND THESE MORE CREATIVE APPROACHES. BUT WHAT I HAVE BEEN FOLLOWING AND DEEPLY TROUBLED BY IS, ARE THE COMPLEX THAT WE HAVE. PARTICULARLY IN OUR RURAL AREA. FARMER TO FARMER. AND RURAL NEIGHBOR TO RURAL NEIGHBOR. AND THIS IS OCCURRING IN MANY STATES IN WHICH THE LARGE INDUSTRIAL OPERATIONS HAVE MOVED IN. THEY, WELL, I’LL GET THERE.

THE COMPONENTS OF THE INDUSTIALIZED MODEL TALK ABOUT IT AS BEING MORE EFFICIENT, MORE EFFECTIVE IN PRODUCTION OF LARGE AMOUNTS OF FOOD. IT’S MORE TECHNOLOGICALLY ADVANCED. AND THE ARGUMENTS GO ON. THE OPPONENTS TEND TO LOOK AT THINKGS LIKE AIR QUALITY AND SOIL QUALITY AND WATER QUALITY. IN AND AROUND THE OPERATIONS. AND THESE ISSUES USUALLY CENTER AROUND WASTE.

LITTLE DID I KNOW FIVE YEARS AGO THAT I WOULD SPEND MOST OF MY TIME TALKING ABOUT WASTE. MY CHILD WHO’S 11 YEARS OLD GETS A LITTLE SICK OF HEARING ABOUT IT BUT THIS IS WHAT MOMMY DOES.

IN MANY OF OUR RURAL AREAS RUN A COLLISION COURSE OF THIS RIGHT TO FARMING. A LOT OF FOLKS REALLY STRUGGLE WITH WHAT DOES THAT MEAN? WELL, IN A LEGAL CONTEXT IT HAS A VERY CLEAR MEANING. EVERY ONE OF THE 50 STATES AND SEVERAL COUNTRIES, EUROPEAN COUNTRIES HAVE ADOPTED PROVISION IN THEIR STATUTES THAT PROTECT FARMING. PROTECT FARMING FROM WHAT YOU MIGHT ASK? THE ESSENCE OF RIGHT TO FARM STATUTES, AT LEAST IN THIS COUNTRY, ARE THAT THEY OFFER PROTECTION UNDER THE LAW AGAINST NUCENCE LAW SUITES. WELL, A NUCENCE LAW SUITE REALLY, IT’S AN OLD LEGAL CONCEPT BUT IT BASICALLY IS WHERE YOU SEEK SOME SORT OF REMEDY OR REDRESS WHEN THE USE OR ENJOYMENT OF YOUR PROPERTY IS BEING IMPACTED BY THE ACTIONS OF OTHERS. THERE’S THE IDEA OF A PUBLIC NUCENCE AND AN IDEA OF A PRIVATE NUCENCE. BUT BASICALLY RIGHT TO FARM STATUTES WHICH ARE IN EXISTENCE IN EVERY STATE IN THE U.S. THEY DO OFFER LEGAL PROTECTION FOR FARMERS FROM NUCENCE LAW SUITES. WELL, MANY OF THESE ARE DECADES OLD. AND AS WE WERE TALKING EARLIER PRIVATELY, MOST STATES HAVE HAD VERY LIMITED CASE LAW WITH REGARD TO RIGHT TO FARM STATUTES. YOU MIGHT SEE ONE STATE THAT HAS TWO REPORTED CASES. ONE OF THEM HAVING TO DO WITH DUST. AND WHAT ARE SOME OF THE MAJOR THINGS THAT CAUSES NUCENCE LAW SUITES TO BE FILED AGAINST FARMERS? USUALLY IT’S FLIES AND DUST RELATED TO THE OPERATION. SOMETIMES IT’S NOISE. I RECALL HEARING ABOUT ONE CASE IN THE UPPER MID-WEST, I BELIEVE, WHERE A NEIGHBORING LAND OWNER CALLED OUT THE SHERIFF IN THE MIDDLE OF THE NIGHT BECAUSE IT WAS TOO NOISEY. THE FARMER WAS HARVESTING AFTER DARK. SO. (LAUGH) GET A GRIP. THE SHERIFF CAME OUT AND ARRESTED THE FARMER, TOOK HIM IN AND BOOKED HIM. I MEAN IT WAS JUST INCREDIBLE TO ME. BUT THESE ARE THE TYPE OF NEIGHBOR CONFLICTS THAT WE HAVE IN THE AGRICULTURE COMMUNITY. AND I BELIEVE AS WE SEE MORE URBAN SPRAWL WE SEE MORE OF THESE CONFLICTS. BUT THERE’S OTHER ISSUES. THERE’S FLIES AND DUST ISSUES. THERE’S NOISE ISSUES. THE USE OF THE LAND IN ESSENCE. THE USE OF THE ROADS IN AND AROUND FARMING OPERATIONS. AND THEN WE ALSO SEE SOME WITH REGARD TO THE POTENTIAL FOR WATER POLLUTION.

THE INTERSTING TWIST FOR ME PERSONALLY IN FOLLOWING ALL OF THIS IS THAT OF LATE A LOT OF THE CONFLICTS NEIGHBOR TO NEIGHBOR IN RURAL AREAS HAVE BEEN FARMER TO FARMER. AND HAVE BEEN OVER SOME OF THE LARGE OPERATIONS IN HOW THE WASTE IS HANDLED. AND THEN MELINDA IS GOING TO DIG SO DEEPLY INTO ODOR ISSUES THAT YOU PROBABLY WON’T SPEAK TO HER AGAIN. BUT ANYWAY, SHE’S GOING TO GO THERE SO I’M NOT GOING TO.

ODORS FROM THESE LARGE OPERATIONS. SO EACH ONE OF THE 50 STATES IN THE U.S. AND OTHER COUNTRIS THAT HAVE THESE TYPES OF RIGHT TO FARM STATUTES THEY ALL SAY ABOUT THESE ARE THING BUT THEY ALL SAY IT JUST A LITTLE DIFFERENTLY. WE ALL DO LIKE TO HAVE OUR DIFFERENCES DON’T WE. SO ANYWAY, BASICALLY, THEY SAY IN THE STATUTES THAT FARMS AND FARMING IS PROTECTED FROM NUCENCE LAW SUITES. THE FARMING OPERATION NEED TO BE IN EXISTENCE. USUALLY THE STATUTE WOULD SAY UNCHANGED. NOW WHAT DOES THAT MEAN? FOR A SPECIFIED PERIOD OF TIME, USUALLY IT’S ONE YEAR. I’VE SEEN SOME STATUTES THAT HAVE A TWO YEAR PERIOD. THE FARMING OPERATION HAS TO REMAIN UNCHANGED IN ORDER TO AVOID ITSELF THIS PROTECTION. THERE HAVE TO HAVE BEEN SOME CHANGE IN THE SURROUNDING AREA AND THIS USUALLY IS BROUGHT ABOUT BY DEVELOPMENT. AND USUALLY THERE STATUTES REQUIRE THAT THE FARMING OPERATION BE RUN IN A NON-NEGLIGENT MANNER AND THAT IT NOT BE A NUCENCE WHEN IT WAS PUT INTO OPERATION. NOT HAVE BEEN QUALIFIED AS A NUCENCE THEN. AND IT HAS TO BE RUN IN A LAWFUL MANNER. AND WHAT THAT USUALLY MEANS IS THAT THE OPERATION HAS TO HAVE IN PLACE THE SPECIFIC PERMITS THAT IT MIGHT NEED. EITHER STATE OR LOCAL. IN SOME CASES FEDERAL BUT USUALLY STATE AND LOCAL PERMITS. SO THE RIGHT TO FARM PROTECTION DOESN’T JUST STAND ALONE. AS YOU CAN SEE IT’S HOOKED TO MANY OTHER THINGS.

OPERATING YOUR FARMING BUSINESS IN A GOOD MANNER. SOME OF THE RIGHT TO FARM STATUTES TIE THE PROTECTION TO THE FARM BEING OPERATED ACCORDING TO WHAT THEY CALL GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES. WHO DECIDES WHAT THOSE ARE AND WHAT ARE THEY? THE STATUTES, FOR THE MOST PART, ARE SOLID ABOUT THAT. SOME STATES DESIGNATE THE DEPARTMENT OF AGRICULTURE AS ALLOWING SOME ADVISORY COMMITTEE OR SOMETHING OF THAT NATURE TO EXIST TO ACTUALLY DETERMINE WHAT THOSE ARE.

YEAH.

YOU MEAN A FIBULOUS LAW SUITE? (LAUGH) RIGHT. WELL, YOU KNOW, LOTS OF CITIZENS COMPLAIN ABOUT AGRICULTURE OPERATIONS EVERY SINGLE DAY BUT NEVER GO TO THE COURT HOUSE AND FILE A LAW SUITE.

WELL, THE PROBLEM IN THE UNITED STATES IS THAT THERE ARE VERY FEW MECHINISMS IN PLACE TO TAKE THOSE COMPLAINTS. THEY DON’T EXIST ALMOST. IN ALMOST IN EVERY STATE THERE’S NO OFFICIAL BODY. EITHER LOCALLY OR EVEN AT THE STATE LEVEL THAT YOU CAN TAKE A COMPLAINT OF THAT NATURE. SO IN THE U.S. YOU ARE LEFT TO EITHER JUST GRIPPING A LOT OR HIRING A LAWYER AND FILING A LAW SUITE IN THE COUNTY WHERE YOU LIVE. AND TRYING TO DO SOMETHING ABOUT IT EITHER GET MONEY FROM THE OPERATION OR SHUT THEM DOWN.

RIGHT.

YES.

RIGHT. RIGHT.

BUT, I MEAN I HAVE TO SAY THE UNITED STATES THERE’S NO MECHANISM BUT IN SOME STATES, WELL IOWA IN PARTICULAR, HAS A PROVISION IN THEIR LAWS WHICH I WISH EVERY STATE HAD. THIS IS MY LITTLE PERSONAL FOOT NOTE. THEY HAVE A PROVISION IN THEIR LAW THAT REQUIRES FOLKS WHO HAVE COMPLAINTS REGARDING AGRICULTURE OPERATIONS OR ANY KIND OF ACTIVITY THAT’S OCCURING IN A RURAL AREA THAT MIGHT END UP PUTTING NEIGHBOR IN CONFLICT WITH NEIGHBOR. THEY REQUIRE THOSE THINGS TO GO TO MEDIATION BEFORE YOU CAN BRING A LAW SUITE. AND I THINK - I WAS GOING TO BRING THAT UP AT THE VERY END, BUT I THINK THAT’S A VERY GOOD TOOL FOR TRYING TO RESOLVE SOME OF THESE PROBLEMS AND NOT LET THEM FESTER. ANYTIME YOU HIRE A LAWYER TO DO ANYTHING YOU’RE LOOKING AT MAJOR EXPENDITURES OF MONEY AND THIS IS LAW SUITES IN THIS COUNTRY IS A CRAP SHOOT. IN ALL LIKELIHOOD, YOU’RE NOT GOING TO WIN. IT’S A DEFINITE. YOU COULD SCARE SOMEBODY I SUPPOSE INTO CHANGING THEIR OPERATION. OR YOU COULD GET SOME COMPENSATORY DAMAGES OF THAT NATURE BUT VERY FEW OPERATIONS ARE ACTUALLY SHUT DOWN.

I DO, BECAUSE I THINK THAT WE’RE FOOLING OURSELVES IF WE THINK THAT THESE TYPES OF CONFLICTS IN RURAL AREAS ARE GOING TO GO AWAY. I THINK THEY’RE GOING TO CONTINUE TO GET WORSE. AND WE NEED TO HAVE IN MY MIND AN EFFECTIVE MEANS FOR DEALING WITH THESE CONFLICTS. MEDIATION HAS BEEN AN EFFECTIVE TOOL IN THIS COUNTRY WITH REGARD TO RESOLVING AGRICULTURE FINANCIAL ISSUES IN MANY STATES. BUT ONLY STILL ABOUT HALF OF THE STATES IN THE U.S. HAVE AG-MEDIATION PROGRAMS. AND MOST OF THOSE ARE RESTRICTED. ONLY TO REALISTICLALY THEY ONLY HANDLE FINANCIAL ISSUES. BUT ARE STARTING TO GET INTO SOME OF THESE OTHER NUCENCE RELATED ISSUES. SO THAT’S AN AREA WE CAN DEFINITELY TAKE A LOOK/SEE AT, I THINK. THERE ARE MANY HOLES IN THE STATUTES THAT OFFER AGRICULTURE OPERATIONS THESE PROTECTIONS. SOME OF THE STATUTES DON’T EVEN DEFINE WHAT A FARM IS. WE’VE HAD SOME RECENT ATTORNEY GENERAL’S OPINION AROUND THE COUNTRY THAT TEND TO, I THINK POTENTIALLY LEAD US INTO LOOKING AT THE LARGE INDUSTRIAL AG-MODEL AS SOMETHING DIFFERENT THAN A FARM. DO YOU SEE WHERE I’M HEADED HERE?

THERE ARE MANY PROPONENTS THAT THERE IS A DIFFERENCE. I THROW THIS OUT JUST FOR YOU TO THINK ABOUT. BUT MOST OF THE AG-PROTECTION STATUTES DON’T EVEN ATTEMPT TO DEFINE WHAT A FARM IS. I DON’T THINK IT WAS INTENTIONAL. I THINK 30 YEARS AGO WHEN THESE THINGS WERE PASSED EVERYBODY KNEW WHAT A FARM WAS. WE HAVE SOME DIFFERENCE OF OPINION NOW. I THINK. SO MAYBE IT’S TIME TO GO BACK AND REVISIT WHAT SOME OF THE DEFINITIONS ARE. A LOT OF THESE STATUTES ALLOW SLIGHT CHANGES IN OPERATION AND STILL KEEP YOUR PROTECTION. SOME STATUTES SAY IF THERE HAS BEEN A SUBSTANTIAL CHANGE IN THE OPERATION THEN YOU LOSE YOUR PROTECTION.

WHAT IS THE SUBSTANTIAL CHANGE? AGAIN, THERE’S VERY LITTLE CASE LAW OUT THERE THAT DEALS WITH THESE KINDS OF ISSUES. YEAH. WHEN YOU’RE LOOKING AT THESE RURAL NEIGHBOR TO NEIGHBOR CONFLICTS THAT ARE ARISING WITH REGARD TO THE LARGE OPERATIONS THESE ARE USUALLY OCCURING IN VERY RURAL AREAS. USUALLY IN MOST STATES, AND I CAN’T SPEAK FOR EVERY STATE, BUT IN MOST STATES THE LARGE OPERATIONS ARE CHOOSING TO PROPERLY PLACE THEMSELVES AS FAR AWAY FROM ANY SORT OF POPULATED AREA AS POSSIBLE TO TRY TO AVERY ANY NUCENCE PROBLEM. BUT MANY STATES HAVE HAD FAIRLY LAX SORT OF VOLUNTARY ENVIRONMENTAL REGULATIONS WITH REGARD TO THESE TYPES OF OPERATIONS. I THINK WE’RE GOING TO SEE SOME CHANGES WITH REGARD TO THOSE. MANY OF THE STATES THAT HAVE HAD MAJOR JUMPS IN THE NUMBERS OF CONFINED ANIMALS THAT THEY’RE RAISING WITHIN THEIR STATE BORDERS, THEIR LEGISLATURES ARE GOING BACK AND REVISITING THEIR ENVIRONMENTAL REGULATIONS AND REQUIRING GREATER SET BACK DISTANCES BETWEEN THE OPERATIONS AND THEIR NEIGHBORS. ALL OF THESE THINGS TRYING TO ADDRESS SOME OF THE CONCERNS THAT ARE BEING RAISED BECAUSE OF THE GROSS OF THESE TYPES OF OPERATIONS.

THE FEDERAL GOVERNMENT, I CAN VERY HONESTLY SAY, HAS BEEN A LITTLE HELP IN THIS AREA. THEY’RE KIND OF GETTING ON THE BAND WAGON NOW. AND BEGINNING TO ADDRESS SOME OF THESE ISSUES.

THE HAWKIN AND MILLER BILLS THAT ARE OUT RIGHT NOW THAT ARE IN VARIOUS FORMS OF DEBATE TRYING TO ESTABLISH SOME SORT OF FEDERAL STANDARD ON WASTE MANAGEMENT ISSUES. THAT’S AN EFFORT. EPA HAS SOME NEW NON-POINT SOURCE INITIATIES THAT ARE TRYING TO ADDRESS THIS TYPE OF CONCERN. BUT IN MY MIND, THE MOST ATTENTION THAT’S BEEN PAYED TO BE ISSUES HAS BEEN AT THE STATE AND LOCAL LEVEL. SOME OF THE TOOLS THAT HAS BEEN USED AT THE STATE AND LOCAL LEVEL TO DEAL WITH SOME OF THE POTENTIAL FOR PROBLEMS ARE MOST ATTORIUMS. SEVERAL STATES IN SOME LOCALITIES HAVE PUT MORE ATTORIUMS IN PLACE THAT IN ESSENCE STOP THE BUILDING OF ANY KIND OF FACILITIES UNTIL ASSESSMENTS CAN BE MADE. WHICH REALLY IN SOME STATES IT’S AN ASSESSMENT OF WHERE WE ARE IN TERMS OF OUR WATER QUALITY. MANY STATES, SUCH AS OKLAHOMA, JUST PASSED A HUGE HOG AND POULTRY RAISE. TWO DIFFERENT BILLS TRYING TO ADDRESS SOME OF THESE ISSUES. AND I ATTENDED MANY OF THESE SESSIONS IN TRYING TO LISTEN TO THE DIFFERENT SCIENTIST AND COME UP WITH WHAT SHOULD BE DONE. AND WHAT CAME OUT VERY CLEARLY THEY STOOD IN TERMS OF A BAY FARM FOR WATER QUALITY. SO I IMAGINE THEY’RE NOT IN ANY SORT OF ALONE POSITION RIGHT THERE.

SO WE’RE LOOKING AT INCREASED ENVIRONMENTAL REGULATIONS. WE’RE LOOKING AT INCREASED SET BACKS. WE’RE LOOKING AT MORE STATES PUTTING WASTE MANAGEMENT PLANS INTO THEIR STATUTES THAT ARE REQUIRING VERY SPECIFIC THINGS TO DO WITH REGARD TO WASTE. WE’RE LOOKING AT MORE AREAS USING THE TOOL OF ZONING TO TRY TO DEAL WITH SOME OF THESE ISSUES. AND WE’RE ALSO LOOKING AT PUBLIC NOTIFICATION WHEN SOME OF THE LARGE OPERATIONS ARE COMING IN.

I’M GOING LEAVE YOU WITH MY IDEA. YOU KNOW, I THINK THAT WHAT WE’RE LOOKING AT HERE IS THE NEED TO DO SOME REALLY SUSTAINABLE DECISION MAKING FOR OUR RURAL AREAS. I THINK WE NEED TO LOOK AT WHAT OUR NATURAL RESOURCE AVAILABILITY IS IN RURAL AREAS AND ASSESS WHAT QUALITY IT IS AND NOW WITH REGARD TO LAND, AIR AND WATER. WE’VE HAD MANY PROGRAMS IN PLACE FOR MANY, MANY YEARS TO TRY TO ASSESS THESE THINGS. I’M NOT SURE THAT MANY STATES ARE LOCALITIES HAVE A GOOD GRIP ON WHERE THEY ARE. IF WE’RE REALLY SERIOUS ABOUT PROTECTING WHAT WE HAVE THEN WE NEED TO FIGURE OUT LOCAL WAYS THAT WE CAN PROTECT THOSE NATURAL RESOURCES.

WHEN WE’RE LOOKING AT SUSTAINABLE DECISION MAKING FOR RURAL AREAS WE ALSO NEED TO LOOK AT HUMAN HEALTH ISSUES. AND WE ALSO NEED TO LOOK AT THE VITALITY OF RURAL COMMUNITIES AND HOW CAN THAT BE BEST PERESERVED. MANY AREAS IN THE U.S., AND I KNOW IN AUSTRALIA AND CANADA AND OTHER COUNTRIES ARE HEAVILY TIED TO AGRICULTURE. AND THIS IS NOT GOING TO CHANGE ANY TIME SOON.

SO HOW CAN WE ENSURE THE VITALITY OF RURAL COMMUNITIES THAT HAVE AGRICULTURE AS A MAJOR COMPONENT? ECONOMICS HAVE TO BE A PART OF THE PICTURE BUT AS MARY SAID YESTERDAY, IT’S JUST ONE OF THREE LEGS. ENVIRONMENTAL ISSUES IS ANOTHER LEG AND SOCIAL ISSUES IS THE OTHER LEG. WHICH LEADS US TO QUALITY OF LIFE ISSUES FOR RURAL RESIDENCE. AND WE REALLY NEED TO INCORPORATE THOSE KINDS OF IDEAS. I MEAN WHAT DO WE WANT TO PRESERVE FOR OUR KIDS AND FOR OUR GRAND KIDS?

AND THEN WE NEED TO ALSO, THIS CONFLICT RESOLUTION THE MEDIATION THAT I TALKED ABOUT BEFORE, YOU KNOW, HOW DO WE DEAL WITH CHANGE AND ADDITATION TO CHANGE WITHIN RURAL AREAS? THIS IS A SEVERE PROBLEM RIGHT NOW. I’M NOT SURE LITIGATING OUR WAY THROUGH IT THE BEST WAY TO DO IT. I THINK MAYBE SOMEHOW DEALING WITH THESE THINGS IN A CONFLICT RESOLUTION SORT OF PATTERN WOULD BE BEST. AND FINALLY, THE WOMEN THAT I KNOW WHO ARE ACTIVELY INVOLVED IN A LOT OF THESE ISSUES ARE THE LEADERS IN EACH ONE OF THE ARENAS. I DON’T CARE WHICH SIDE OF THE ISSUE THEY’RE ON. THERE ARE WOMEN IN LEADERSHIP ROLES IN EACH ONE OF THE AREAS. THEY DON’T ALWAYS SEE EYE TO EYE BUT THEY HAVE A TENDENCY TO WANT TO COME AROUND THE TABLE, GET EVERYTHING OUT THERE, DISCUSS IT, REACH SOME CONCLUSION AND GET ON OUR THE DOOR TO TAKE CARE OF THEIR FAMILIES. WE TEND TO GET TO THE POINT HERE A LITTLE BIT BETTER I THINK.

I THINK THIS IS WORKING. SHUCKS. MY NAME IS MELINDA MANNER. AND I’M SHAKING LIKE A LEAF.

I HAVE BEEN A LAWYER FOR A LONG TIME. AND I’M KIND OF USE TO STANDING UP TO GET EVERYONE TO AGREE WITH MY POSITION AS I ARGUE BEFORE A JUDGE OR IN COURT OR SOMETHING LIKE THAT. AND ALL THE PEOPLE ARE BEHIND ME AND I DON’T HAVE TO WATCH THEM LISTEN TO MY ARGUMENT. SO THIS A NEW SEAT FOR ME SO I’LL TRY TO DO THE BEST THAT I CAN.

I WAS PRACTICING IN NORTH CAROLINA WHICH NOW HAS THE SECOND LARGEST PRODUCER OF PORK. WE USE TO BE THE KING OF TOBACCO AND THAT’S WHAT THE STATE ECONOMY WAS BASED AROUND. AND IT WAS THIS HUGE HUGE INDUSTRY AND IT’S SORT OF TAKEN SOME SET BACKS HERE RECENTLY. THOUGHT YOU’D LIKE TO SEE SOME ALTERNATIVE CROPS SO.

PORK HAS REALLY INCREASED AS THE STATE COMMODITY. I DECIDED THAT I WAS PRACTICING JUST GENERAL LAW AND THAT I REALLY WANTED TO FOLLOW MY HEART AND DEDICATE MY LEGAL CAREER TO STUDY AGRICULTURE ISSUES. SO I CHARMED OFF TO THE UNIVERISTY OF ARKANSAS WHERE I’VE BEEN FOLLOWING JANNIE AROUND FOR A YEAR TO STUDY AGRICULTURAL LAW. AND I NOW HAVE MY MASTERS NOW IN AGRICULTURAL LAW.

ONE DAY WHILE I WAS AT SCHOOL I WAS READING AN AG-TRADE NEWSPAPER AND I CAME ACROSS AN ARTICLE THAT SAID THAT MISSOURI ATTORNEY GENERAL WAS THINKING ABOUT SUING A LARGE SWINE PRODUCER. IN MISSOURI FOR VIOLATIONS OF STATE EQUALITY PROVISIONS. I THOUGHT WELL NOW WAIT A MINUTE. I’M FROM NORTH CAROLINA. WE’VE HAD A LOT OF PROBLEMS WITH PORT THERE. THIS ISSUE THIS HAS TO DO WITH WATER. WHAT IN THE WORLD IS IT DEALING WITH AIR? WHAT IS THE PROBLEM WITH AIR EMMISSIONS FROM A LARGE SWINE PRODUCING OPERATION?

I MEAN I KNOW IT SMELLS, BUT WHAT’S THE PROBLEM? SO YOU CAN TELL I LIVED A LITTLE BIT DOWN THE ROAD FROM THE MAJOR PORK PRODUCERS. WE WOULD JUST KIND OF DRIVE THROUGH AND GO WOO, HUH. GLAD I DON’T LIVE HERE.

ANYWAY, WHAT I DECIDED TO DO WAS REALLY LOOK INTO THAT FROM A LEGAL STAND POINT. NOT JUST FROM A PERSONAL STAND POINT. AND SEE IF I COULD FIND OUT WHAT THE PROBLEM WAS. IT WAS A WHOLE NEW AREA OF LEGAL PROBLEMS THAT I THOUGHT MIGHT BE FACING THE INDUSTRY. SO I KIND OF DID SOME WORK ON THAT AND I THOUGHT I WOULD BRING THIS ISSUE TO YOU BECAUSE IT COMES UNDER THE RIGHT TO FARM.

WE’VE SEEN A CHANGE IN PRODUCTION TECHNOLOGY IN AGRICULTURE. AT LEAST IN THE SWINE INDUSTRY AND I THOUGHT I WOULD JUST KIND OF BRING AS KIND OF A CAPSULE THAT MIGHT NOT ABSOLUTELY APPLY TO YOUR INDUSTRY BUT AS YOUR INDUSTRY CONTINUE TO GROW AND PROSPER, THIS MIGHT BE SOMETHING THAT YOU MIGHT BE FACING IN THE FUTURE. OR EITHER A PRODUCER OR SOMEONE WHO IS TRYING TO TELL YOU NOT TO DO SOMETHING OR AS A NEIGHBOR, WHEN YOUR FARMER NEIGHBOR HAS CHANGED IS OPERATION TO ANOTHER ONE. I DIDN’T BARGAIN FOR THAT AND I WISH IT STOP.

SO ANYWAY, I GOT TO WORKING ON THIS. LEARNED MORE THAN I EVER WANTED TO KNOW. JANE SHAKES HER HEAD ABOUT IT. SO I’M GOING TO INFLICT IT ON YOU ALL.

WHAT HAPPENED IN THE SWINE INDUSTRY IS PRIOR TO THE - MOST OF THE PORK PRODUCTION IN THE UNITED STATES WAS CENTERD IN THE MID WEST. WHICH OF COURSE IS WHERE THE LARGEST AMOUNT OF CORN IS GROWN. AND THESE TWO FELLARS IN NORTH CAROLINA WHO DIDN’T WANT TO PRODUCE TOBACCO DECIDED THAT THEY WOULD FIND A BETTER WAY TO PRODUCE PORK. WHAT THEY DID WAS GET A BUNCH OF SCIENTIST TOGETHER AND THEY WERE VERY SMART AND CLEVER AND FINAICIALLY ASTUTE AND THEY DETERMINE HOW THEY CAN PRODUCE PORK IN A DIFFERENT MANNER. AND IT’S COMPLETELY, COMPLETELY DIFFERENT FROM A TRADITIONAL METHOD WHERE THE PIGS ARE RAISED ON THE FARM AND THEY WERE KIND OF THE MORTGAGE BURNER AND WAS KIND OF THE CROP ON THE SIDE. YOU COULD SELL SOME PIGS AND HELP OUT WITH THE INCOME A LITTLE BIT. WHAT THEY DECIDED TO DO WAS TO HAVE CONTRACTS WITH FARMERS. WHERE THE FARMER WOULD BUILD A SPECIALIZED BARN WHICH IS TEMPERATURE CONTROLLED. THE SCHEDULING OF THE PIGS IS CONTROLLED. AND THEY CONTRACTED WITH FARMERS TO PRODUCE PIGS IN A CERTAIN GROWTH PHASE. ONE, IT WAS SAVON. AND THAT’S ALL THEY DID. THEY JUST PRODUCED THE PIG. THEY RAISED THEM FOR SIX OR SEVEN WEEKS. AND THEN THE WHOLE LITTER WAS SHIPPED TO ANOTHER FARM WHERE THEY JUST SPECIALIZED IN RAISING THEM FOR THE NEXT 10 WEEKS. AND THE FOOD THERE WAS SPECIALIZED. BARNS ARE ALL SPECIALIZED. ARE TEMPERATURE CONTROLLED. YOU CAN’T EVEN GO IN THERE WITHOUT WEARING A WHITE SUITE AND LOOKING LIKE YOU’RE GOING TO MARS. I MEAN IT’S ALL STERILE AND VERY TECHNOLOGICALLY PRODUCTIVE.

AND THEN NEXT THEY GO TO THE NEXT SET OF FARMS WHERE THEY ARE FINISHED. AND THEN THEY’RE SHIPPED OFF AND TO BE PROCESSED. THE INTERESTING THING IS THAT THE COMPANY OWNS THE ANIMAL THE WHOLE TIME. THE COMPANY SUPPLIES THE INPUT. THE FEED, THE VETERANARIAN, SUPERVISION, WITH FIELD SUPERVISORS. THEY DETERMINE WHEN THE PIGS ARE PICKED UP WHEN TYEY’RE BROUGHT. THE FARMER IS USED - HIS ASSETS, THE LAND AND THE BARN WHICH HE’S FINANCED ARE USED IN THIS PRODUCTION. AND THEN THE FARMER’S COMPENSATED ACCORDING TO THE WEIGHT GAINED OF THE PIG. HOW THE PIGS HAVE PERFORMED. SO, IT’S QUITE A DIFFERENT WAY OF RAISING PORK THAN THE INDEPENDENT TRADITIONAL FARMER.

ANOTHER THING THAT’S QUITE DIFFERENT ABOUT IT IS THAT THEY’RE HIGHLY CONCENTRATED NUMBERS OF ANIMALS RAISED AT THE SAME TIME. YOU KNOW THERE USE TO BE 50 PIGS ON A FARM OR SO. TWO THOUSAND PIGS IS NOT UNUSUAL NOW. AND JANNIE AND I DISCUSSING AN AMAZING THING THAT HAS BEEN APPLIED FOR OKLAHOMA WHICH IS A SITE THAT ACCOMMODATE 300,000 PIGS AT ONE TIME. WHICH IS JUST - I KNOW. I KNOW. SO ANYWAY. I THINK YOU ARE FAMILIAR WITH THIS TECHNIQUE. WELL ANYWAY.

SO THAT PROCESS BEGAN IN NORTH CAROLINA AND THEY COULD RAISE THE PIG SO EFFICIENTLY THEY COULD AFFORD TO BRING THE CORN IN FROM THE MID WEST. AND I UNDERSTAND THAT THE PRODUCTION IN NORTH CAROLINA USE AS MUCH CORN THAT IS GROWN IN THE STATE IN THREE WEEKS. SO WE HAD TO HAVE IT SHIPPED IN AND SO THEY’VE GOT THAT WHOLE PROCESS WORKED OUT.

WELL, IT WAS WORKING SO WELL IN NORTH CAROLINA THEY DECIDED TO BRANCH OUT TO OTHER STATES AND NOW THE PROCESS HAS GONE THROUGH OUT THE SOUTH AND IS NOW EXTENDING INTO THE MID WEST. IT’S QUITE A DRAMATIC CHANGE IN THE PRODUCTION THAT IT’S CAUSED SOME PROBLEMS BETWEEN PEOPLE WHO HAVE MORE MONEY THAN NEIGHBORS AND WHO HAVE RAISED FARM PRODUCTS TOGETHER BUT NOW ONE PERSON MIGHT BE RAISING THEM ON A COMPLETELY DIFFERENT LEVEL THAN THE FARMER NEXT DOOR. AND WHAT MIGHT HAVE BEEN ACCEPTABLE OR KIND OF A SMELL FROM ONE FARM TO THE NEXT WAS KIND OF EQUAL AND TOLERATED I BELIEVE AND NOW THIS IS A WHOLE NOTHER LEVEL. THAT THE ANIMALS THAT ARE CONCENTRATED PERFORM NOW HAS GROWN TO A LEVEL WHERE THE AMOUNT OF WASTE IS HIGHLY CONCENTRATED AS WELL. AND CONSEQUENTLY THE AMOUNT OF ODOR.

AND AIR EMMISSIONS FROM THE WASTE HAS ALSO INCREASED SIGNIFICANTLY. NOW THE WAY THE WASTE GETS OUT OF THE BARNS IS USUALLY, ON THE SOUTH AT LEAST, IS FLUSHED WITH WATER FROM THE BARN INTO A BIG LAGOON POND. IT’S WHAT WE HAVE IT PIPED INTO IN THE SOUTH. FOR A LONG TIME THEY WERE EARTHEN. THEY JUST MADE A BIG _______ AND THE FLUID GOES INTO THE POND AND THE SOLID SETTLE TO THE BOTTOM. AND THEN THERES SOME BACTERIA. BIOLOGICAL TRANSFORMATION KIND OF BREAKS DOWN THAT MANUER SOLIDS INTO A SLUG. AND ALONG WITH THAT BIOLOGICAL BREAKDOWN SOME GASES ARE PRODUCED. MATHAN AMONIA. SOME HYDROGEN SOPHIDE AND SOME FATTY BOLITIAL ORGANIC COMPUNDS. AND THOSE BABY’S CAN SMELL WHEY THEY MIX WITH OXYGEN.

NOW AS LONG AS THEY’RE IN THE WATER AND BEING BROKEN DOWN WHICH OCCURS WITHOUT OXYGEN THERE’S NO PROBLEM. BUT WHEN THE GASES COMES TO THE TOP OF THE LAGOON AND THEY MIX WITH THE AIR AND CARRIED OFF BY THE WIND THAT CAN PRODUCE SOME ODOR. AND ALSO WHEN THE LIQUID, OR FLUID THAT’S IN THE LAGOOD, OF COURSE IT CONTINUES TO FILL SO IT HAS TO BE EMPTIED PERIODICALLY. AND THAT LIQUID OF FLUID THAT’S COMING AT THE TOP OF IT IS WHAT’S DRAWN BY THE FARMER. IT TYPICALLY APPLIED TO THE CROP LAND NEAR BY AS AN ALTERNATIVE TO CHEMICAL FURTILIZER. AND OF COURSE, IT HAS ORGANIC NUTRIENTS IN IT. IT’S GOOD FOR THE CROP LAND AND IT’S A GOOD IDEA. THE PROBLEM COMES FREQUENTLY, AT LEAST IT USE TO BE, SPRAYED WITH THE WAGON BEHIND THE TRACTOR AND SPRAYED ON THE FIELD AND GOOD THINGS WERE HAPPENING. AND THIS YOU WERE DOWN WITH. AND WHEN THE FLUIDS IS SPRAYED OUT INTO THE AIR AND GETS A HOLD OF THE OXYGEN IT SMELLS.

SO JANNIE’S NEGHBORS WHO DID NOT APPRECIATE BEING SUBJECTED TO THAT FOUND THAT THERE ACTUALLY SOME BI-PRODUCTS OF THAT SMELL. THERE ARE ACTUALLY BE SOME PHYSCOLOGICAL AND PHYSICAL EFFECTS OF BEING EXPOSED TO THE GASES THAT COME ABOUT FROM THE BREAKDOWN OF ANIMAL WASTE.

FOR ONE, THE UNPLEASANT ________ QUALITIES. INFACT, THE NEIGHBORS CAN’T ESCAPE THIS SMELL CAN HAVE A NEGATIVE EFFECT ON YOUR NEIGHBORS. BECAUSE THE FATTY ORGANIC COMPOUNDS ACTUALLY ATTACH TO CARPET, DRAPES. SO IT TENDS TO HAND WITH YOU FOR A LITTLE WHILE. A LITTLE SPELL BUT IT LINGERS. SO THAT’S A PROBLEM FOR NEIGHBORS. AND ALSO IT DOESN’T HELP TO CLOSE THE WINDOWS OR THE DOORS OR TURN ON THE AIR CONDITIONING OR DRIVE AWAY UNLESS YOU GET TOO FAR. THE AIR EMMISSION COMES WITH YOU.

ALSO, ANOTHER FACT THAT AFFECT THE SURROUNDING LAND OWNERS IS THAT THE REACH OF THE ODOR DEPEND ON WIND DIRECTION, WEATHER CONDITIONS AND THE LAND APPLICATION SCHEDULE. SO YOU NEVER KNOW WHEN YOU PLAN YOUR BAR-B-QUE THE WIND IS GOING TO CHANGE AND HERE IT COMES. SO THE INTERMITTENT STIMULUS HAS BEEN SHOW TO BE A BIGGER PROBLEM THAN IF IT JUST SMELLED. AND YOU WOULD NOW HAVE TO GO TO THE PARK. SOME WHERE DOWN THE ROAD AND NOT DO THIS AT HOME EVER AGAIN.

SO ALSO FROM A PHYSICAL STAND POINT, THE HYDRO SOPHIDE IN THE AIR EMMISSIONS HAVE ACTUALLY BEEN SHOWN TO CAUSE NAUSEA, HEADACHES, MIGRAINES. I MEAN IT DO ACTUALLY DOES - I’M BEING KIND OF FUN CAUSE I’M NERVOUS, BUT THERE ARE ACTUAL PHYSICAL REPROCUSSIONS TO BEING ASSULTED BY THIS GAS THAT’S IN THE AIR ON A FREQUENT BASIS. IT’S USUALLY FROM THE ANIMAL WASTE LAGOON AND IT’S NOT AN HIGH ENOUGH DOSE TO BE FATAL. BUT IT CERTIANLY CAN CAUSE YOU SOME PHYSICAL DISCOMFORT. THESE TYPES OF THINGS ARE STILL BEING STUDIED BUT HYDRO SOPHIDE IS ALSO IS PRODUCED WHEN YOU’RE DRILLING FOR OIL. AND THAT HAPPENS SOME SERIOUS ESCAPES FROM PIPELINES OF HYDRO SOPHIDE AND IT HAS BEEN FATAL. SO WE KNOW IT CAN CAUSE SOME PHYSICAL AILMENTS. AND THAT’S ONE OF THE REPROCUSSIONS OF AIR EMMISSIONS. WHICH MAY EXPLAIN WHY THE ________ IN MISSOURI WAS GETTING SOME AGITATED PHONE CALLS. AND HE DECIDED TO LOOK INTO IT AND SEE WHAT HE COULD DO.

NOW I’M NOT SURE BUT I WOULD GUESS THAT WHEN THESE PHONE CALLS STARTED COMING IN SOMEBODY DIALED UP THE LOCAL UNIVERSITY AND SAID HELLO, ANY EX-SCIENTIST HERE THAT CAN HELP ME WITH THIS PROBLEM? BECAUSE WE WANT EVERYBODY TO BE HAPPY IN THIS STATE WITH THIS AGRICULTURE AND HAVE A GOOD TIME DOING IT. BUT I BELIEVE THAT THE SCIENTISTS WERE BUSY AT WORK ON GENETIC REPRODUCTION. TRYING TO GET THE PIGS OUT FASTER. SO THIS TOPIC IS ONLY RECENTLY COMING UNDER SERIOUS INVESTIGATION BY EX-SCIENTIST. I BELIEVE PEOPLE IN OKLAHOMA STATE, IOWA AND OKLAHOMA ARE SPENDING THEIR WEEKENDS IN LABS WORKING ON THIS. BUT SO FAR, THEY DON’T HAVE TOO MUCH TO OFFER US. SO THE LOCAL LEGISTATURES DIDN’T HAVE ANYTHING THEY CAN INSTITUTE. THIS FEED ADDITIVES, COVER ALL THE LAGOONS OR THEY JUST HAVEN’T HAD TIME TO STUDY THE MOST ECONOMICAL FEASIBLE. THEY NOT ONLY JUST START TELLING PEOPLE TO DO THINGS IN A PRODUCTION TECHNIQUES. SO THAT HASN’T BEEN SOMETHING WE HAVEN’T BEEN ABLE TO RELY ON SCIENCE TO FIX THIS FOR US JUST YET. BUT I BELIEVE THAT WILL COME IN THE FUTURE.