As a responsible farmer you take steps in your business not only to produce the best, highest-quality crop you can, but also to protect the health of the land or the welfare of your livestock on a daily basis. But in doing so, you may still have neighbors who aren’t happy with your operation’s impact on their lives, whether it be true or a misperception. Over time, disgruntled feelings have the potential to fester into lawsuits against your farm. Here are a few ways to practice good neighbor hygiene, and how to handle it should you find yourself facing a lawsuit.
Check in with neighbors. A quick check-in can head off issues by providing an opportunity for two-way dialog. Contacting your neighbor periodically in general and alerting them of upcoming changes to your business plan gives them an opportunity to share any issues or concerns relating to your farm that you may be unaware of.
“If a neighbor who already has some concerns about your farm—potentially unexpressed concerns—suddenly sees backhoes show up at your property, they’re going to be nervous and curious what’s going on over there. If they’ve had issues with odor or insects before, they’re going to naturally assume the worst,” says Chad Blomberg, JD, of Lathrop GPM. “That may not be true at all. Instead, you may be adding something to the farm that will make things better or you may be adding new technology. To help alleviate these concerns your neighbors might have, talk to them and help dispel misinformation about what’s going on.”
Evaluate your practices. The legal standard for a nuisance claim is unreasonable land use, so a farmer has to act reasonably in developing and implementing farm practices, and stay up to date on available technologies, equipment and management practices, says Jennifer Griffin, JD, of Lathrop GPM.
“Nearly every state has Right to Farm statutes that provide some form of protection against nuisance suits. But some states’ statutes—like Missouri’s—say that the expansion or new practice cannot create a substantially adverse effect on the environment or create a hazard to public health or safety,” she notes.
Educate your community. Building an understanding of farming practices, including the fact that your farm operates under a permit that is monitored by state and meets all requirements to continue operation can also be key in staving off lawsuits.
“Public education of members of the community can be useful in avoiding litigation and helping to mitigate misconceptions (or misinformation) about farming practices,” Blomberg and Griffin say. “Many types of information (e.g., permitting, regulatory requirements, your periodic reports) are public records, and can be shared or communicated with the community, including neighbors and others in the community who have relationships with them.”
What to do if you get served with a lawsuit.
Do you know what to do should you find yourself in a legal dispute with a neighbor? “Though catching up over a cup of coffee can go a long way in building relationships over time, after a lawsuit has been filed, the opportunity for casual conversation disappears,” says Tiffany Dowell Lashmet, JD, associate professor & extension specialist of agricultural law at Texas A&M AgriLife Extension Service. At that point, anything you say could be used against you in court and could hurt you in the long run. Once you’ve been served, you need to find legal counsel to represent you.
Don’t put insurance policies on autopilot. Blomberg, Griffin and Lashmet all agree that one of the most important steps in fighting a lawsuit is to get in touch with your insurance carrier and talk over your coverage. It is crucially important to review coverage on an annual basis and stay away from auto-renewal year after year, they say. Policies can change, and you may not be covered for what you thought you were 10 years ago.
Find resources to help you. While it may be tempting to represent yourself, it is easy to underestimate the complexity of the issues and the time it can take to resolve a suit, and it will benefit you to have expert help.
“The best-case scenario is that you’ve got an insurance company that provides you a defense. They hire you an attorney and the attorney steps in and takes over representing you,” Lashmet says. “The first phone call I would make is to my insurance company to find out if we’ve got an event for which an attorney would be provided. If not, I would recommend to anybody who’s facing a lawsuit, at least consult with an attorney to figure out what’s going on, whether it’s worth hiring someone, and determine how serious it is.”
