During the last several decades, as suburban subdivisions throughout the U.S. pressed into formerly rural lands, new residents began suing nearby farms for the nuisance created by the farms' noises and smells. State "Right to Farm" legislation passed in the 1970's and early 1980's sought to protect farmers from such lawsuits.

But with the growth of massive, industrial-type hog and cattle operations n the last fifteen years, these laws became the problem, protecting polluting agribusiness from reasonable redress by its neighbors.

Indeed, in recent years, these right-to-farm laws have come under challenge. In 1999, the Iowa Supreme Court ruled unconstitutional the state's Right-to-Farm Law that provided farmers blanket immunity from "nuisance" lawsuits (Borman v. Board of Supervisors for Kossuth County). In a county dispute over a planned hog lot, the Court ruled that the law amounted to a taking of the neighbor's property without compensation. The Court conclude:, "When all the varnish is removed, the challenged statutory scheme amounts to a commandeering of valuable property rights without compensating the owners, and sacrificing those rights for the economic advantage of a few."

Since the ruling was upheld by the U.S. Supreme Court soon afterward, additional cases against farming operations have been filed in New York, Michigan, Utah, Kansas, Nebraska, and West Virginia.

It is still unknown whether all these cases will succeed, but a recent backlash, or reversal of the trend, has occurred in Michigan. In Gratiot County, Michigan, a group of neighbors lost their case to have a 4,000-head cattle feedlot declared a nuisance. The case was modeled on the one brought in Iowa, but in this case the judge ruled as follows:

"All evidence says that modern agriculture must grow to be competitive and economically viable. The Stonemans' decision to consolidate and expand is financially prudent, financially sound and environmentally practical.

However, two neighbors in Algansee County, Michigan recently won a lawsuit against a hog producer, using a township zoning ordinance prohibiting creation of dust, noise, and odor that leaves property line. A 1995 amendment to Michigan's Right to Farm Act required farmers to comply with township ordinances to gain protection. On December 28, 1999 the Michigan legislature repealed this amendment. The new law prohibits local governments from passing laws more restrictive than the states' Right to Farm Act as long as farmers comply with standard agricultural management practices.

The Michigan law has removed local control of agriculture, providing equal immunity to farmers who raise 100,000 hogs to the farmer who raises 100. While smaller farmers should be protected from the demands of encroaching developments, growing communities should also have the right to impose restrictions on larger industrial agricultural operations.

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• View the text of the Michigan Law