WOODLAND REPORT
National Woodland Owners Association
IOWA: STATE SUPREME COURT RULES AGAINST "RIGHT TO FARM LAW."
The very foundation of the 'Right to Practice Forestry" laws actively promoted by
NWOA was shaken by the Iowa Supreme Court recently. On September 23 the court declared
that Iowa's right to farm law was an unconstitutional 'taking' of private property because
the law immunizes farmers against nuisance suits by neighbors ... which is what it is
intended to do. The jurists found that the law creates an easement over the neighbors'
property by sanctioning the effects of farm odors, dust, noise, etc. The Supreme Court
said: 'The challenged statutory scheme amounts to a commandeering of valuable property
rights without compensating the owners sacrificing those rights for the economic advantage
of a few.'. . . Read that again, slowly.
What the court held is that if people build homes next to your farm (tree farm), they can
stop you from farming (logging) unless compensated for the damages (odor, dust, noise)
they perceive. On the flip side, courts have consistently held that farmers and woodland
owners are not due any compensation for their loss of income for being denied the right to
harvest their agricultural and timber crops. The court understood the significance of
their opinion, adding 'We recognize that political and economic fallout from our holding
will be substantial.' NWOA and the Iowa Woodland Owners Ass'n. (NWOA affiliate) will track
this case closely. One remedy may be strengthened agricultural zoning.