Agricultural nuisances: qualifying legislative “right-to-farm” protection through qualifying management practices

New homeowners moving into rural areas may use nuisance law to enjoin objectionable agricultural activities. Such lawsuits may result in financial losses for farmers unable to pursue practices required for their livelihood. In response, all American State legislatures adopted anti-nuisance provisions known as right-to-farm laws. Some of the laws offer so much protection that neighbors challenged them as offending the US Constitution. This paper evaluates legislative provisions incorporating qualifying management practices as an equitable method to respond to nuisance disputes. Anti-nuisance protection is only available to qualifying farmers; neighbors retain the right to stop unreasonable agricultural practices.