Interpret Legal Wording
Posted: Thu Mar 11, 2021 5:10 pm
Original Post Made By: Facebook User David Herman, in the Facebook Group: Stop Solar Farms
February 3, 2021
I need someone to interpret the following legal wording for a proposed amendment to a state constitution.
Since I don't trust politicians, I want to find out if this could be a trap to allow solar and wind projects to build more developments or to block local boards from making rulings for or against such projects.
On the other hand, it could be something designed to help protect the farmers from having green energy developments on neighboring land, interfere with their crop or livestock production.
So if anyone has some input to offer, I would appreciate your thoughts.
HERE IS THE TEXT:
Section40. (a)
The people of Indiana desire to:
(1)protect the rights of ownership of property and the adequate production of food, fuel, fiber, and shelter, while maintaining the common law; and
(2)promote agriculture as a central activity to be conducted in Indiana, and to maintain agriculture as a vital economic activity serving as a foundation and stabilizing force of Indiana's economy.
(b)The right of the people of Indiana to engage in diverse farming and ranching practices is guaranteed by this Constitution.
(c)The General Assembly may not pass a law that unreasonably abridges the right of farmers and ranchers to employ or refuse to employ effective agricultural technology and livestock production and ranching practices.
(d) This section does not modify any:
(1) provision of the common law;
(2) statute relating to trespass or eminent domain; or
(3) other property right, existing or previously enacted statute, or existing or previously adopted administrative rule.
February 3, 2021
I need someone to interpret the following legal wording for a proposed amendment to a state constitution.
Since I don't trust politicians, I want to find out if this could be a trap to allow solar and wind projects to build more developments or to block local boards from making rulings for or against such projects.
On the other hand, it could be something designed to help protect the farmers from having green energy developments on neighboring land, interfere with their crop or livestock production.
So if anyone has some input to offer, I would appreciate your thoughts.
HERE IS THE TEXT:
Section40. (a)
The people of Indiana desire to:
(1)protect the rights of ownership of property and the adequate production of food, fuel, fiber, and shelter, while maintaining the common law; and
(2)promote agriculture as a central activity to be conducted in Indiana, and to maintain agriculture as a vital economic activity serving as a foundation and stabilizing force of Indiana's economy.
(b)The right of the people of Indiana to engage in diverse farming and ranching practices is guaranteed by this Constitution.
(c)The General Assembly may not pass a law that unreasonably abridges the right of farmers and ranchers to employ or refuse to employ effective agricultural technology and livestock production and ranching practices.
(d) This section does not modify any:
(1) provision of the common law;
(2) statute relating to trespass or eminent domain; or
(3) other property right, existing or previously enacted statute, or existing or previously adopted administrative rule.