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Wednesday, August 10, 2016

Ind. Courts - More on: HEC files suit challenging the Constitutionality of State’s Right to Farm Laws

On Oct. 8, 2015 the ILB has a lengthy post on a lawsuit filed that day in Hendricks County challenging "the constitutionality of Indiana’s so-called Right to Farm laws." The case is Himsel v. Himsel.

Yesterday the Hoosier Environmental Council (HEC) filed an amended complaint adding several new claims. As they explain, the new claims include:

  1. A constitutional challenge to Indiana’s initial Right To Farm Act. Our original complaint only raised a challenge to SEA 186 – but now that the Defendants have raised the initial RTFA as an affirmative defense, the issue is ripe for challenge.

  2. A claim for inverse condemnation under Indiana’s eminent domain statute – essentially the statute requires any party that is granted the power of eminent domain under Indiana law to follow condemnation procedures to ensure fair market value is paid for the property or property interest condemned. Here, I’m arguing that the RTFA and SEA 186 gave the Defendants the power of eminent domain to take our clients’ protected property interests in the right of exclusion and right of use and enjoyment -- which they did without payment of just compensation, thus, a violation of the statute.

  3. A claim for the Defendants’ failure to report their ammonia emissions above 100 lbs/day as required by EPCRA based on the size/number of hogs at the CAFO.
Here is a copy of the 28-page amended complaint in Himsel v. Himsel (32D04-1510-PL-000150).

Posted by Marcia Oddi on August 10, 2016 09:11 AM
Posted to Environment | Indiana Courts | Indiana Government | Indiana Law