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DEAR NEW FARM:
The state of Arizona and the county of Cochise have shut my organic
farm down by issuing illegal, unconstitutional orders that I cannot
shoot jackrabbits on my farm that are destroying my crops. We have
had our family farm, totaling 50 acres, for 21 years. All the trouble
is coming from someone who moved from the city and built a house
next to our farm and started complaining about our shooting and
our propane scare cannon, lying to the court to get an injunction
that prevents me from shooting on my farm. The Game and Fish Department
says I have to get permission from the new neighbor to shoot jackrabbits
damaging my crops. How can someone move next to our farm and be
able to shut us down by denying us the lawful means we have historically
used to protect our crops? I wish to file claims against the county
and state and sue the lying neighbor, but I need assistance to protect
my rights. I am much obliged for any assistance you may be able
to provide.
Very truly yours,
Enness Arnold
Circle I Farms
Willcox, Arizona
DEAR ENNESS:
Your local Farm Bureau should be well versed in “takings”
from farmers that cause potential economic harm, so that’s
a good place to start. You should also seek the advice of other
organic farmers in your region to see how they may be grappling
with these types of issues.
It’s perplexing why the state game commission would give
your neighbor the veto power when “historic use” is
often the trump card in these situations. Here in southeastern Pennsylvania—where
opening day of deer season is still practically a national holiday—rural
property owners can put up “no trespassing” or “safety
zone” signs, but as long as a hunter doesn’t shoot within
150 yards of your buildings it’s lawful for him to hunt on
an adjoining property (providing he has permission). Perhaps some
question of your alleged practices is connected to these alleged
lies; that’s a matter for the courts.
We hope this helps, and we hope you resolve your problem and are
able to patch things up with your new neighbor.
NF
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