Permanent Injunction On Agricultural Land In Michigan
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FAQ
(h) "Farmland" means 1 or more of the following: (i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use.
California's farmland provides multiple benefits including food security and economic strength. Farmland also has a critical role in California's climate change mitigation and adaptation strategies.
Must a farmer obtain a building permit before constructing an agricultural building? No. The act specifically exempts agricultural buildings from the requirement that an owner apply for and obtain a building permit. This exception is provided in MCL 125.1510(8):
Michigan Right to Farm Act The Act protects farmers who voluntarily follow the Generally Accepted Agricultural and Management Practices (GAAMPs) from nuisance lawsuits over matters such as odor or dust so long as the farmers comply with a variety of practices ranging from manure management to water use.
The PA 116 program is an agreement between the State of MI that individuals keep land in agriculture from 10 to 50 years. A portion can be removed provided the local municipality passes a resolution that it is permissible. This removes 2 acres so the remainder can be farmed.
New Structures & Land Improvements A structure shall not be built on the land except for use consistent with farm operations, which includes a residence for an individual essential to the operation of the farm. Land improvements shall not be made except for uses consistent with farm operations.
116)
(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits.
To obtain a preliminary injunction, a plaintiff must establish “that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Nat.
The party seeking a preliminary injunction must demonstrate that they will suffer irreparable harm if the injunction is not granted. Irreparable harm means that the harm cannot be adequately compensated by monetary damages or any other remedy except an injunction.
