Agricultural Nuisances and Right to Farm Laws: Implications Of Changing Liability Rules

Jogn C. Bergstrom and Terence Centner
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Jogn C. Bergstrom: University of Georgia

The Review of Regional Studies, 1989, vol. 19, issue 1, 23-30

Abstract: In this paper, the implications of changing liability rules with respect to agricultural nuisances are examined. The discussion begins by examining agricultural nuisances within economic externality theory. The effects of holding producers liable for damages caused by waste byproducts are then considered. The discussion then turns to public concern over the loss of agricultural capacity due to nuisance actions authorized by legislation known as "right-to-farm" laws. Right-to-farm laws attempt to reduce the liability of agricultural producers for damages caused by waste by-products through the provision of an affirmative defense to some nuisance actions. However, as discussed in the final section, the effectiveness of right-to-farm laws is dependent on the implicit assignment of initial property rights to the atmosphere.

Date: 1989
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