An Indiana environmental group has asked the U.S. Supreme Court to consider whether the Indiana Right to Farm Act violates the U.S. Constitution's prohibition against takings without just compensation.
The chances that the court will accept the case are very low, but all involved parties are considering their options, said John Shoup, director of the Indiana Agricultural Law Foundation (INAgLaw).
The challenge involves the Himsel case, which hinges on whether the Right to Farm Act protects a hog farm in Hendricks County against a neighbor’s nuisance, negligence and trespass claims.
According to Shoup, the farmers initially lost at the trial court. But after several amicus curiae parties including INAgLaw joined the case, the trial court reversed itself and ruled in favor of the farmers. The neighbors, with the Hoosier Environmental Council (HEC), appealed to the Indiana Court of Appeals. The Court of Appeals agreed with the farmers on all arguments and ruled that the Right to Farm Act protected the farm against the neighbors' claims. The court also held the Right to Farm Act was not a form of government "taking" that would violate the Indiana or U.S. Constitution.
The neighbors petitioned for transfer to Indiana Supreme Court and the Supreme Court chose to hold an oral argument. After argument, Indiana Supreme Court denied transfer on Feb. 20, 2020, leaving the favorable Court of Appeals decision in place.
The most recent petition was filed on July 17, 2020, by HEC and the Harvard Animal Law and Policy Clinic. HEC and the policy clinic raised one issue for the U.S. Supreme Court: whether the Indiana Right to Farm Act violates the U.S. Constitution's prohibition against takings without just compensation.
If you have any questions regarding this case or about INAgLaw, write to Shoup at jshoup@INAgLaw.org.