Oregon Law Review : Vol.100, No.1 (2021)
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Browsing Oregon Law Review : Vol.100, No.1 (2021) by Author "Habekost, Zoë"
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Item Open Access Defining Damage: The “Damage to Commercial Agricultural Products” Exception to Oregon’s Right-to-Farm Law(University of Oregon School of Law, 2021-12-15) Habekost, ZoëIn Part I, this Comment will examine the history of Oregon’s right to-farm law, noting that the Oregon Legislature was concerned about unreasonable lawsuits brought by urbanites moving into Oregon’s agricultural lands against the farmer engaged in reasonable farming practices—not lawsuits brought by farmers against one another. Part II explores three vignettes from Oregon’s farmlands to demonstrate how ambiguity in the “damage” exception creates legal disputes between two farmers who are both engaged in reasonable farming practices.