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- Newsgroups: rec.gardens,misc.rural
- Path: sparky!uunet!destroyer!gatech!concert!samba!usenet
- From: Doug.Hemken@launchpad.unc.edu (Doug Hemken)
- Subject: Manure & the law
- Message-ID: <1993Jan26.192316.13969@samba.oit.unc.edu>
- Keywords: Landlords & tenants, property rights, fertilizer, manure
- Sender: usenet@samba.oit.unc.edu
- Nntp-Posting-Host: lambada.oit.unc.edu
- Organization: University of North Carolina Extended Bulletin Board Service
- Date: Tue, 26 Jan 1993 19:23:16 GMT
- Lines: 74
-
-
- Imagine a lawsuit in your suburban/rural community over who owns a pile of
- manure: it would probably be a struggle over who is responsible for the
- "air pollution" on the edge of town or the water pollution in a nearby
- creek. Suppose it was a lawsuit between two farmers living in a priority
- watershed, and the outcome of the suit would determine who paid for
- cleaning up the manure so it didn't run off into the surface water. One
- farmer is a tenant, raising livestock solely on land she rents from the
- other farmer (including pasture, crops, & housing). Do you suppose that
- the judge would rule that the manure was produced by the tenant's
- livestock or by the landlord's land (e.g. soil becomes crops becomes
- manure)? In an age in which nutrient recycling is at best considered a
- minor feature of our agriculture, wouldn't it be surprising to find a
- judge ruling that manure is a product of the land and should be considered
- the landowner's property (and that the landlord should clean up the manure
- pile sliding into the creek)? The question of who owns the manure in a
- manure pile apparently has a long history.
-
- Whose shit is this?
- I was recently rummaging through some old reports of judicial
- proceedings, looking for a case involving fertilizer adulterated with sand
- in North Carolina in the mid 1800s. [Although the State Geologist
- testified that the fertilizer was 50% sand, the judge ruled that the
- farmer had to pay for it.] I wasn't able to locate any mention of the case
- I was looking for [if you know anything about it, please let me know -- my
- legal history skills are poor!], but I did run across a series of
- interesting landlord v. tenant disputes over tenant rights to manure,
- spanning the period 1829 to 1876.
- In the middle years of the 1800s, high court judges fairly
- consistently ruled that manure was the property of the farm owner, not the
- tenant. In Maine in 1829 and New York in 1836, judges ruled that a tenant
- could not take the manure pile with him at the end of his tenancy. In
- Indiana in 1876 a judge further ruled that a tenant had a right to use the
- manure on the rented farm, but could not remove it to other fields he
- rented or owned. In New Hampshire in 1862 a judge ruled that removal of
- manure by a tenant constituted *permanent* damage to the land (emphasis
- mine). A judge in Maryland in 1866 ruled that the manure in question was
- required to repair the land.
- The consistent theme was that manure was a valuable product of the
- land, and should be returned to the land -- in an age when the commercial
- fertilizer industry was very new and prices of commercial fertilizers were
- quite high. (Leading chemists of the day, such as Justus von Liebig,
- argued that most farmers were engaged in destroying the agricultural
- wealth of nations because they didn't return any/enough nutrients to the
- soil.) Consistent with this principle was the ruling in New Hampshire in
- 1852 that manure produced in non-agricultural buildings (e.g. city livery
- stables) was the property of the tenant.
- A ruling in Maine in 1831 might at first seem at odds with the
- 'manure is of the land' principle. There, a judge upheld the right of a
- landlord to seize and sell a "tenant's" manure pile, in order to recover
- money the tenant owed the landlord. If the manure belonged to the land
- and therefore to the landlord, it is not clear that the landlord is
- "recovering" any of his losses. This case does suggest that the landlord
- has rights to 'damage' his land in ways that he tenant does not. Perhaps
- some of the confusion is because this was an especially early case, and
- property rights in home-grown manure were not yet well thought out.
- What remains consistent throughout is that landlords have ultimate
- rights to manure produced by & upon their land. Tenant's manure rights
- are limited to the right to spread manure produced by their livestock back
- upon the rented land. At least, such was the situation in the USA in the
- 1800s, in cases where the land was the source of the nutrients in the manure.
-
- Can anyone tell me about contemporary property rights in manure?
- Historical property rights in other countries?
-
-
- -=> Doug Hemken
- doug.hemken@ebb.oit.unc.edu
- hemken@sscb.ssc.wisc.edu
- --
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