TheFirstFurrow

Written by Dr. Mike Walden and originally published at NCSU CALS News.

My wife and I have one foot in rural regions and the other in big cities. We were both born and raised in small towns – I in an unincorporated town (meaning it wasn’t big enough to qualify as an official municipality) in Ohio and she in a recognized town (but still tiny) in upstate New York. I have a vague memory of my mother pulling me in a little wagon to the country store for groceries. On the way home, the groceries were in the wagon and I would walk!

But we’ve spent almost the last forty years of our lives living in Raleigh since I joined the faculty at N.C. State in 1978. Although it may not have been when we moved here, Raleigh today is certainly a big city. Indeed, it is recognized as one of the most dynamic big cities in the country.

My wife and I love both cities and the country. That’s one reason North Carolina is so great – it has both busy urban areas as well as tranquil rural regions.

But often the urban and rural areas don’t seem to get along. For example, in the 2016 presidential election, urban areas tended to vote for Secretary Clinton while rural regions favored President Trump. We saw the same urban/rural split in the North Carolina gubernatorial and General Assembly elections.

The urban-rural divide in North Carolina also extends to public policy. Here are two examples. Local public schools are partially supported by local property tax revenues. Since property values per resident are often higher in urban counties than in rural counties, there’s been a long-running debate whether this wealth disparity gives urban counties an unfair advantage in funding public schools.

The second example is sales taxes. Part of the sales tax revenues collected by the state are returned to the counties, but there’s an issue over how to do this. Should the distribution to counties be based on where the sales occurred or where the buyers live? North Carolina has a formula using both factors, but there’s frequently a debate about the relative importance of each in the formula. Indeed, legislation was introduced this year in the General Assembly to change the formula.

Has the urban-rural feud gotten worse? Some say three powerful forces – globalization, the elevation of education’s importance and population trends – have moved urban and rural areas farther apart in recent decades.

Stick with us here. Most people probably understand the wisdom, or can at least appreciate the purpose, of maintaining your home. Over time your home gets cluttered, things break, and some of those deep, dark corners you never visit have to be dealt with. It’s not always a fun job, but doing it can make your home a more enjoyable place to live.

North Carolina’s statutes, just like a home, require ongoing maintenance. So it’s necessary, on occasion, for the Legislature to take a look at our statutes and clean up some of the confusing, unhelpful, and out-of-date provisions.

That’s where the annual Farm Act comes into play. Each year since 2013 state legislators have passed a Farm Act to make necessary changes to the law to better serve North Carolina’s farmers.

For more than two decades, two out-of-state trial lawyers have made millions suing farmers across the country. Four years ago, they came to North Carolina and started picking fights between about 90 hog farms and their neighbors, alleging the farms were nuisances. The lawyers told the neighbors they could recover substantial damages far exceeding the value of their homes. They didn’t ask the farmers to address the alleged nuisances—they just asked for money.

Most reasonable people understand there are some aspects of farming that are unpleasant. You can’t raise animals without some odor; you can’t transport farm products without trucks; and you can’t work the soil without occasionally stirring up dust. Recognizing this reality, North Carolina’s right-to-farm statute provides farmers with a limited defense against some nuisance lawsuits. But the right-to-farm law is silent about the amount of damages that can be recovered in nuisance actions.

In 2015, a federal judge considering these cases ruled that North Carolina’s nuisance law isn’t clear on damages. If this isn’t clarified, more lawsuits will be filed, pitting neighbor against neighbor. That means more money for the lawyers.

That’s why a bill was introduced last week in the N.C. House of Representatives. House Bill 467, introduced by Reps. Jimmy Dixon, John Bell, Ted Davis and David Lewis, would limit the compensatory damages in nuisance cases to the market value of the plaintiff’s property. Basically, if a nuisance reduces the value of your home by $25,000, you can be awarded up to $25,000.

The bill doesn’t prevent a neighbor from recovering damages in a legitimate nuisance suit. It cuts off the incentive for lawyers to use farmers and their neighbors to grow their bank accounts.

Farmers care about the communities they live in. Many times, they work with their neighbors to address problems and create solutions without unnecessarily wasting resources settling complaints in court. House Bill 467 is an assurance to all farmers that they can farm their land without the fear of repeated litigation and without the specter of catastrophic damages and legal fees.

The General Assembly should quickly pass H. 467.

Ask most farmers and they’ll probably tell you they don’t like taking days off the farm. The job demands a lot of time and attention, and it’s critical that farmers stay on top of the day-in day-out tasks (like covering strawberries before a freeze) that lead to a successful year. But today, hundreds of dedicated farmers and friends of agriculture from communities all across the state have left their farms to do another kind of work—meeting with their legislators. That’s because today is NC Agriculture Awareness Day, a day for farmers and ag leaders to bring awareness to the legislature about the importance of agriculture in North Carolina. And it’s an essential task too; with so few legislators involved in agriculture, today’s rally is a valuable opportunity to help legislators understand the challenges that farmers face.

So what are some of those challenges farmers will be discussing with their legislators? Ask ten farmers and you might get ten different answers, but there are a few themes that rise to the top. This year, the key messages that Farm Bureau members will be delivering are:

Hurricane/Wildfire Recovery

• Last year, the legislature appropriated $200 million in hurricane/wildfire relief.
• But even though we’re many months removed from those disasters, many NC farmers are still recovering.
• We support additional disaster relief funding during appropriations process.

Preserve Present Use Value Program

• The Present Use Value Program provides qualifying farms with property tax relief by taxing the land based on its present use (farming or forestry) and deferring market value taxes.
• This helps farms continue production and preserves farmland.
• We support the preservation of this vital tax program.

Preserve Ag Sales Tax Exemptions

• Eligible farmers are exempt from sales tax on farm equipment, inputs, and services.
• This helps prevent double taxation on farm products and products derived from agriculture.
• The legislature should maintain these exemptions if tax reform legislation is considered.

Healthcare Costs

• Most farmers purchase health care in the individual market because they are often small businesses or sole proprietorships that don’t have access to group coverage.
• Farmers are bearing the brunt of significant health insurance increases and struggle with inconsistencies in premium subsidies.
• Farmers are also dealing with a sluggish ag economy and disaster recovery, further cutting into their bottom line.
• Legislators should work to keep health care costs down.

North Carolina Agriculture is not only our state’s largest economic driver but it also supports more than 600,000 jobs—about one out of every six in the state. That’s why it’s important that legislators are kept up to date on ag issues; because if ag is hurting, then so is our economy.

NC Farm Bureau would like to thank all of the legislators who take time to meet with our farmers and hear their concerns.

News flash: Farmers own a lot of land. In fact, they own about 8.3 million acres in North Carolina, which is more than a quarter of the state and is roughly the size of Maryland and Delaware combined. It’s not surprising, then, that they pay attention when the General Assembly takes up bills relating to eminent domain. Last week the N.C. House of Representatives passed an eminent domain bill, H. 3, by a large bipartisan vote. It’s a good bill, so let’s use this opportunity to briefly talk about eminent domain and why H. 3 is needed.

The North Carolina General Assembly gaveled in its 2017-18 long session a couple weeks ago, but so far the action has mainly been getting bills filed and holding a few committee meetings. As state legislators prepare to roll up their proverbial sleeves, let’s take a moment to talk about a few issues we’ll be watching this session.

Last week, the 2017-18 General Assembly opened this year’s session, and in a few weeks they will dig in on their new legislative agenda. As you probably know, Republicans hold a 74-46 majority in the NC House and a 35-15 majority in the NC Senate. In the NC House, there are 19 new members, seven Democrats and 12 Republicans; in the NC Senate, there are five new members, all of whom are Republicans.Demographic information is important to understanding the composition of the legislature. Instead of looking at the usual race or gender breakdown, we decided to take a look at another bit of demographic information: occupation. Based on NC House and NC Senate Clerk Reports, the leading occupations are attorney, business owner, real estate broker, business executive, and consultant.

So how many farmers are there in the legislature?

Growing up on our small farm in Travis County, Texas, I would occasionally see the survey form from the Texas Crop and Livestock Reporting Service on my dad’s desk. Dad retired as a pilot from the US Air Force after a 28-year career, including flying B-29’s during WWII in the Pacific. My parents bought the rural house and acreage in central Texas so that, among other reasons, my two brothers and I could learn the lessons of hard work while they held down jobs off the farm. Little did I know at the time that I would one day be a “bureaucrat” sending out those survey forms to thousands of farmers across the nation. During my 32 ½ years working for USDA National Agriculture Statistics Service (formerly known as the Crop and Livestock Reporting Service), I have seen and measured firsthand the tremendous changes in agriculture – yet the reason for conducting agricultural statistics surveys really has not changed.