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Agricultural Nuisances and Right to Farm Laws: Implications Of Changing Liability Rules

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  • Jogn C. Bergstrom

    (University of Georgia)

  • Terence J. Centner

    (University of Georgia)

Abstract

In this paper, the implications of changing liability rules with respect to agricultural nuisances are examined. The discussion begins by examining agricultural nuisances within economic externality theory. The effects of holding producers liable for damages caused by waste byproducts are then considered. The discussion then turns to public concern over the loss of agricultural capacity due to nuisance actions authorized by legislation known as "right-to-farm" laws. Right-to-farm laws attempt to reduce the liability of agricultural producers for damages caused by waste by-products through the provision of an affirmative defense to some nuisance actions. However, as discussed in the final section, the effectiveness of right-to-farm laws is dependent on the implicit assignment of initial property rights to the atmosphere.

Suggested Citation

  • Jogn C. Bergstrom & Terence J. Centner, 1989. "Agricultural Nuisances and Right to Farm Laws: Implications Of Changing Liability Rules," The Review of Regional Studies, Southern Regional Science Association, vol. 19(1), pages 23-30, Winter.
    • Handle: RePEc:rre:publsh:v19:y:1989:i:1:p:23-30
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    References listed on IDEAS

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    Cited by:

    1. Key, Nigel D. & McBride, William D. & Ribaudo, Marc, 2008. "Changes in Manure Management in the Hog Sector," 2008 Annual Meeting, July 27-29, 2008, Orlando, Florida 6071, American Agricultural Economics Association (New Name 2008: Agricultural and Applied Economics Association).
    2. Marc O. Ribaudo & Robert C. Johansson, 2007. "Nutrient Management Use at the Rural-Urban Fringe: Does Demand for Environmental Quality Play a Role?," Review of Agricultural Economics, Agricultural and Applied Economics Association, vol. 29(4), pages 689-699.
    3. Duke, Joshua M. & Malcolm, Scott A., 2003. "Legal risk in agriculture: right-to-farm laws and institutional change," Agricultural Systems, Elsevier, vol. 75(2-3), pages 295-303.
    4. Patrick Baur, 2020. "When farmers are pulled in too many directions: comparing institutional drivers of food safety and environmental sustainability in California agriculture," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 37(4), pages 1175-1194, December.
    5. Levi Russell & Josh Hall, 2022. "The political economy of state right to farm amendments: evidence from Missouri," Economics and Business Letters, Oviedo University Press, vol. 11(3), pages 93-97.

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