Agricultural Law: Why It's Necessary

Agricultural law became necessary as the population increased and arable land became a scarce resource. Every new housing development, school, office complex, or shopping center takes away from the available land for farming. For cities with vast expanses of arable land, this may not be a problem, but many highly-populated cities have already been developed to the point where there is very little arable land remaining.

Why is agricultural law necessary?

Unfortunately, if land use was left up to the free market without any agricultural laws, there would not be enough farmland to provide for the community's food and grain requirements. Market prices for commercial and residential development are far higher than the expected earn on farmland. Because of the massive discrepancy, the government must offer subsidies and incentives in order to entice landowners to keep and farm the land instead of selling out to local development companies. There may also be incentives geared toward keeping farmland in the family upon the death of the original farmer. Some small farmers use the proceeds from the sale of their land as a means for funding their retirement.

What types of agricultural laws can be passed?

To combat this natural economic loss of arable land, many governmental entities have imposed agricultural laws that limit the allowable uses for certain property. These laws are usually in the form of land zoning restrictions or right to farm provisions. Right to farm agricultural laws protect farmers from lawsuits resulting from the normal operations of a farm. These include complaints by neighbors of excessive smell, noise, or issues arising because of the early morning hours required to run a farm. Zoning restrictions are designed to prevent commercial or residential developments from taking over arable land instead of using land that cannot be used for farming.

Is agricultural law a valid use of governmental power?

Agricultural law has been very controversial over the years. Any time the government interferes with the forces of the free market, there is bound to be some disagreement. With today's rapid transportation systems, it is debatable whether the government has a duty to preserve arable land in highly populated areas through agricultural laws like right to farm or zoning legislation. There is significant debate within the farming community on whether the existing agricultural laws serve to protect all farmers or only the large corporate growers. Farmers themselves also may disagree with certain laws or provisions compensating them for not exercising their free market right to sell. The cost of living increases built into such legislation does not always match the rapidly increasing property values, so many farmers lose out on the added property appreciation they would have received if they had sold their land.