Iowa Sierrans:

I thought you might find this very interesting.

Lyle Krewson


>From: [log in to unmask]
>Date: Thu, 22 Oct 98 08:57:20 -0800
>Subject: CAFO / 5th Amendment takings twists and turns
>>
>This is a really strange turn of events that I thought you all would be
>interested in.  It's an ironic win for us, though who knows whether this is a
>good or bad thing in the long run.
>
>Subject: Takings-net: Iowa Blockbuster
>Author:  ENVPOLY <[log in to unmask]>  at internet
>Date:    9/28/98 7:05 PM
>
>                 Environmental Policy Project's
>                              Takings-Net
>
>                           *     *     *     *     *
>
>   On September 23, 1998, in a blockbuster decision, the
>Iowa Supreme Court ruled the Iowa right to farm law
>effected an unconstitutional taking in violation of the
>Fifth Amendment and the Iowa Constitution.  Bormann
>v. Board of Supervisors, 1998 WL 650904.  Iowa is
>apparently the first state supreme court to reach this
>result.
>
>   Like similar laws in virtually every other state in the
>country, the Iowa law immunizes farmers from liability
>in nuisance actions brought by neighbors complaining
>that farm operations produce offensive odors,
>unreasonable noise, etc.  The Court held that the law
>resulted in a per se physical taking of the neighbors'
>property, and effected what it called a condemnation by
>nuisance.   Although not explicitly discussed in the
>opinion, the case was fought out against the background
>of widespread public controversy in Iowa over
>corporate hog farm operations.  (According to press
>reports, one of the Iowa Supreme Court justices who
>recused himself from the case has openly opposed a
>proposed hog operation near his home.)
>
>   The case presents a delicious irony.   The American
>Farm Bureau Federation and many of its state affiliates
>have vigorously supported the takings agenda, confident
>that it would serve farmers' self interest.  The Bormann
>case suggests that the agricultural community may need
>to rethink its position on takings.
>
>For more information, please contact John Echeverria
>or Jon Zeidler at the Environmental Policy Project:
>Georgetown University Law Center
>600 New Jersey Ave., N.W.
>Washington, D.C. 20001
>tel: (202) 662-9850
>fax: (202) 662-9497
>E-mail: [log in to unmask]
>EPP website: http://www.envpoly.org
>
>
>
>
>
>
____________________________________________
Lyle Krewson
6403 Aurora Avenue #3
Des Moines, IA 50322-2862

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515/276-8947
515/276-6844 - FAX
____________________________________________

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