AG Curtis Hill prevails in defending constitutionality of Indiana’s Right to Farm Act

Attorney General Curtis Hill praised a decision this week by the Indiana Court of Appeals upholding the constitutionality of Indiana’s Right to Farm Act.

Indiana’s statute limits the scenarios in which an agricultural operation may be sued for nuisance. The purpose, as the law states, is “to conserve, protect, and encourage the development and improvement of agricultural land for the production of food and other agricultural products” and “to reduce the loss to the state of its agricultural resources.”

In a case decided Monday, property owners adjacent to an expanding livestock operation challenged the law on the premise that their residential properties lost market value as a result of the increased agricultural activities.

“Protecting agriculture in Indiana serves a purpose very important to our economy,” Attorney General Hill said. “Hoosier farmers help feed the world, and the state has a compelling interest in preserving their ability to perform their important work. The Right to Farm Act is a constitutional and effective means of accomplishing this goal.”