Abstract
Since 1973, every state has passed a Right-to-Farm Act (“RTFA”). These Acts are in place to (1) strengthen the legal position of farmers when neighbors take legal action for private nuisance; and (2) to protect farmers from local and state ordinances that restrict agriculture production. This Note argues that Illinois’ RTFA should be amended as the statute lacks clarity on many aspects and consistency throughout the state’s circuit courts. Further, the statute is silent on many issues that other states have included in their Acts, such as zoning, damage caps, a statute of limitations, and management requirements. Three states––North Carolina, Florida, and Indiana––have recently made major changes to their Right- to- Farm Acts; some changes have proven helpful to farmers, while other changes are cause for concern as they may interfere with the rights of rural families to live on and enjoy their property. Illinois can use the experience of these three states to formulate an amendment to its own RTFA that fulfills the law’s intended purpose. This Note concludes that Illinois benefits significantly from agriculture, and thus this proposal should be seriously considered by lawmakers, attorneys, and judges applying the state’s RTFA.
Recommended Citation
Callah Wright,
Smells Like Money: A Proposal to Re-Examine the Illinois Right-to-Farm Act,
47
S. Ill. U. L.J.
411
(2023).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol47/iss2/5