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Representative John Harris Session:
State Capitol, Room 110
Juneau, AK 99801-1182
Phone: (907) 465-4859
Fax: (907) 465-3799
Send E-Mail

Sponsor Statement for HB 341
Farm Operations: Disclosure/Nuisances

An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of real property located within one mile of an agricultural facility or an agricultural operation.

Posted: February 29, 2000
Contact: Representative John Harris, at (907) 465-4859.

The State of Alaska has invested millions of dollars in the development of its natural resources, both renewable and nonrenewable. Fishing, timber and agriculture are our basic renewable resources, and the Legislature has endeavored to enhance these for future generations. HB 341 seeks to protect and enhance Alaska’s agricultural sector.

With the export of potatoes and carrots from Alaska, and the increasing local demand for fresh vegetables, hay, barley, milk, pork and beef, we can see agriculture “taking root and growing” in many diverse locations across the state. Yet, as the state’s population grows and the urban areas expand, we see a corresponding need to protect our interest in agriculture.

Many farmers have already had some experience with an encroachment on their right to farm. As urbanization swallows up farming areas, oftentimes the newcomers don’t like the smells of agriculture – or the chemicals – or the sounds – or the animals.

HB 341 would add some protection to existing agriculture operations and put new property buyers on notice if the property they are acquiring is within one mile of a farm or agriculture operation. This also protects the new property owners through full disclosure that should keep them from getting into a situation that will become unpleasant to them later on.

People who move to the country need to know what they are getting into. And it appears that other areas of the nation – where urban sprawl is creating a bigger problem than we have experienced yet in Alaska – are taking action to protect existing agricultural operations and avoid unnecessary lawsuits.

The “Code of the West” is a small pamphlet adopted by many counties around the Western U.S. and distributed to prospective property buyers. It basically says that if you want to move to the peaceful countryside, you must be willing to accept that cows poop, hay balers make noise late into the night, farmers use chemicals, tractors drive slower than you do, and so forth. And that all these activities were going on before you got there, and will continue to go on after you arrive.

Alaska has the opportunity to place protections in statute now – for both the farmers and the new property buyers – so that future agricultural operations will be able to supply the foodstuffs Alaskans will need.

If you need more information, please contact us.

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