Around the State
Published 7:16 pm Monday, November 18, 2013
Right to Farm law — The Oregon Court of Appeals has rejected a constitutional challenge to Oregon’s Right to Farm law, but parties to the case say the question hasn’t been resolved. The law protects farmers and foresters from lawsuits over common industry practices, The Capital Press agricultural publication reported. The laws are common in states across the country. The Oregon case decided last week arose in Lane County, where seven neighbors objected to their neighbor’s use of pesticides and chemicals, claiming the substances drifted onto their properties. They said allowing the “Right to Farm” defense in lawsuits prevented them from gaining relief from the harm they suffered, despite a state constitutional provision guaranteeing Oregonians the possibility of a remedy for injuries done them.
Umatilla River — Wade into a wrong stretch of the Umatilla River, and risk possible citation for trespassing on private property. The 89-mile tributary of the Columbia River in northeast Oregon is yet to be identified as a “navigable” waterway, which means its stream banks and bed are not considered state-owned land. That puts public right to use the river in legal uncertainty, based on where the actual ownership lies. State law now authorizes a three-member land board — made up of Gov. John Kitzhaber, Secretary of State Kate Brown and Treasurer Ted Wheeler — to study if a particular waterway is historically navigable. Such a study has never been done on the Umatilla River. The process of studying navigability can take months, said one official.