Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation of the first right to farm laws, and how the laws are currently changing. Section III examines mediation and the USDA’s agricultural mediation program. Sections IV, V, and VI examine the right to farm laws in Iowa, New Jersey, and Missouri including how each of these states utilizes mediation techniques to resolve the disputes. Finally, Section VII compares these three states mediation techniques for right to farm issues and ultimately concludes that the decision to mediate depends on your interests.
Mediating Farm Nuisance: Comparing New Jersey, Missouri, and Iowa Right to Farm Laws and How They Utilize Mediation Techniques,
2018 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2018/iss1/18