The New School Nazis: It's Your Actions that Define You

AgGag.gov – Non-disclosure Statement

The New York State Agricultural District Disclosure Form and Notice: As an example of fraud; there is none better for ticking all the boxes.

In the United States, common law generally identifies nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.

The New York State Agricultural District Disclosure Form and Notice:

“This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not limited to, activities that cause noise, dust and odors.”

Let’s examine a few of the activities that “prospective residents” are not being informed of:

Satellite Lagoons: “Lagoon” is a euphemism for an open cesspit [frequently a million gallons or more] of feces, urine, antibiotics, antibiotic-resistant bacteria, and toxic heavy metal that is sluiced from the floors of CAFO sheds; and is fermented for months before being sprayed on, and injected into the earth. “Satellite” refers to the currently recommended practice of placing them far from the farm headquarters [i.e. close to the neighbors] for convenience of application. These cesspits emit toxic methane and hydrogen sulfide gases at levels that are only permissible in rural communities. Under Agricultural Law; the week after you buy your house – a farmer could build one less than 150 feet from your child’s bedroom.

New York makes no disclosure to prospective buyers of Agricultural Laws: or of the legal ramifications of being a “non-farmer” under the state’s agricultural laws.

“The Agricultural Districts Law authorizes the Commissioner to issue opinions, upon request, concerning the soundness of specific agricultural practices. If the Commissioner determines that a practice is sound, the practice shall not constitute a private nuisance.”

“Article 25AA of New York State Agriculture and Markets law includes an Right To Farm provision which requires the Commissioner of Agriculture and Markets to resolve disputes about farm practices on farm operations within agriculture districts.”

Simply put: all Farmer v. Non-farmer disputes are adjudicated by, and for the benefit of, farming interests.

Health Hazards: In an incident involving Lansing’s biggest agricultural landowner — The United States Court of Appeals for the Second Circuit [Mather v. Willet Dairy] in finding against plaintiffs suffering from the effects of manure off-gassing that included brain damage in one child and the surgical removal of eyelids in an adult commented that agricultural laws: “may be inadequate for ensuring the safety of our environment and for protecting citizens from serious injury. But that is the remedy that Congress has provided and to which we are bound”

Exposure to concentrated animal feeding operations (CAFOs) and risk of mortality in North Carolina, USA — From the National Library of Medicine [An official website of the United States government.]

“Presence of CAFOs was associated with higher risk of mortality.” “People living near CAFOs had significantly higher risk of cardiovascular mortality than other persons.” “We found increasing trend of higher risk of cardiovascular mortality with higher levels of CAFOs exposure.” “Findings have implications for future studies of environmental justice and CAFOs.”

They concluded: “Our study adds to the literature on health outcomes associated with CAFOs, indicating that proximity to these facilities increases risk of mortality.”

However, these findings were never disclosed to the families of New York’s increasingly CAFO controlled hinterland—especially to those relying on the State’s official disclosure when buying land and homes.

And from my own experience of being badly poisoned when sprayed with Roundup by an agricultural boom sprayer while mowing my lawn: Prospective buyers should know that rural residents have no legal protection for the health of their families – even where there is a law.

New York makes no disclosure of the increasingly draconian nature of agricultural laws: such as The Town of Lansing’s removal of historically Permitted land uses. This unilateral action took place in a 200 year old rural community—removing 90% of the existing rural land uses, and streamlining all Agricultural uses—without the participation or consideration of any of its “non-farming” rural residents.

Lansing Town Board’s actions demonstrate that permitted land uses [even those Permitted as of Right] can be stripped from rural residents—summarily removing the uses that the purchaser originally bought the land for.

The New York State Agriculture Disclosure Statement is usually handed to prospective purchasers at the closing; where its uninformative wording will not cause them to back out at this psychological moment – and leaving them no time for thought or investigation.

The New York State Agricultural Disclosure Statement is the perfect legal instrument for protecting those who fraudulently profit from the ignorance and misplaced trust of others.

New York’s rural population is the most unrepresented and marginalized sector of the state’s poor. That makes them disposable. And when you’re disposable: you can’t be the victim of anything — even of fraud.

Students of politics will tell you that it’s a practical endeavor, and the New York State Agriculture Disclosure Statement shows that for all practical purposes: rural people have no political value.

New York politicians are not only in bed with Agricultural-Industrial interests—they’re forcing the rural communities to empty their bedpans.

In rural New York no one can hear you scream.