In today's article from the "Lawyer on the Farm" series, we will deviate from the topic of renewable energy sources. This stems from a recent ruling whose negative effects will be felt by farmers for years to come. In fact, this ruling significantly restricts not only the agricultural sector but also any other economic activity that may be a source of emissions.
Referring to this controversial case, it should be clarified that the lawsuit for compensation was filed by several village residents who justified their claim by citing the occurrence of unauthorized emissions in the form of unpleasant odors reaching their property from the defendant's pigsty. By a judgment of September 12, 2024, the defendant, a farmer and pig breeder from Grodzisk in the Łódź Voivodeship, was ordered by the Court of Appeal in Łódź to pay compensation of at least approximately PLN 120,000.00.
According to the farmer, the ruling proves that the court prioritizes the interests of residents who have moved from the city to the countryside over the interests of the multigenerational farm. The court argued that Grodzisko lies just outside the borders of Łódź, whose residents are increasingly settling in nearby villages, and that only two farms remain in Grodzisko itself.
Referring to the above issue, it seems that Poland should, following France, introduce regulations protecting the sensory heritage of rural areas. This stems from the following reasons: (i) the increasing migration of urban residents to the countryside, (ii) the construction of single-family homes whose owners neither work nor own farms, and (iii) the gradual liquidation of fragmented and small farms in favor of a few large farms. For these reasons, the agricultural character and function in rural areas is being replaced by a typically residential one. Consequently, in potential legal proceedings, farmers' neighbors have a much easier time demonstrating that farmers have exceeded the average level of disturbance, such as noise or odor.
For example, in an industrial district of a large city, higher noise levels, gas and dust emissions, will be acceptable than in a residential area or rural area. Conversely, impacts typical of rural conditions, such as odor nuisance, will not be acceptable in an urban residential area.
Nevertheless, we emphasize that recently, in areas that were previously typically rural, more and more single-family homes have been built. These single-family homes are therefore located in the immediate vicinity of arable land and farms. Therefore, owners of single-family homes residing in such neighborhoods are obligated to tolerate, within reasonable limits, rural nuisances, as local conditions in this area are adapted to its primary function, which is agricultural. The situation changes when the function changes.
A change of function occurs when single-family housing becomes more dense in rural areas, especially those located in the immediate vicinity of larger cities, causing the number of farms to decrease significantly, and the village, with its previous dominant agricultural function, is transformed into a residential one.
In such conditions, the range of permissible rural emissions is reduced, as local conditions and the actual use of land change. We believe that this is precisely why Polish legislators should urgently introduce regulations that will provide greater protection for farmers. We appeal and emphasize that one of the fundamental functions of rural areas is production, enabling the country's food security, which is paramount. Requiring farmers to pay compensation for "stench" demonstrates a lack of understanding for the agricultural industry, which faces numerous challenges
In the face of court rulings imposing high compensation on farmers for natural odors associated with livestock production, the question arises: in the 21st century, do we really want farmers, who provide food for our society, to be treated as enemies? After all, they are the ones responsible for food production, and inevitable nuisances like odors are part of that reality.
Instead of creating an atmosphere of fear and uncertainty, we need dialogue, collaboration, and innovative solutions to help minimize these impacts. Farmers are acutely aware of climate change and want to protect the environment and their neighbors, but they must have the appropriate tools and support to do so. The future of agriculture and local communities should not be condemned to uncertainty because of natural odors that are part of the food production cycle.
Together, we can build a model in which agriculture not only feeds people but also interacts with the environment in a harmonious and sustainable manner. We believe that the key to minimizing odor nuisance lies not only in investing in modern technologies but also in education and collaboration with residents. Proactive dialogue and an open approach to problem-solving can benefit both parties.
Importantly, this problem is not limited to the agricultural sector, as the operation and functioning of industrial plants, factories, landfills, and other facilities also leads to the generation of unpleasant odors. This case should serve as a warning, especially for Polish legislators, as no one should demand the cessation or limitation of any business activity conducted in compliance with legal regulations and using practices and equipment appropriate for a given type of business.
In the next articles we will continue the topic of Renewable Energy Sources, to which we invite you now!
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 3, 2024
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