Delegate
Scott Lingamfelter (R-Woodbridge) introduced HB 1430, the Boneta Bill, an
amendment to the Right to Farm Act of July 1, 1981. HB 1430 will expand the
definition of agricultural operations to include commerce of farm-to-business
and farm-to-consumer sales, including art, literature, artifacts, furniture,
food, beverage, and other items incidental to agricultural operations. Items
which “constitute less than a majority amount of production or sales, or less
than a majority of annual revenues from such sales, are defined as part of the
agricultural operation.
“The
bill gives persons engaged in agricultural operations a cause of action against
the county or any official or employee of the county for violations of the
Right to Farm Act.” Two provisions of HB 1430 are retroactive to the Right to
Farm Act of 1981:
-
expansion
of the definition of agricultural operation
-
any
ordinance directed at persons, property, or activity on land that is zoned
agricultural or silvicultural that seeks to restrict free speech or the right
to assembly, among other rights, is null and void
The
Boneta Bill will be heard on Monday, January 28, 2013 at 5 p.m. by the Virginia
House Agricultural Committee at the Virginia State Capitol – “The Pitchfork
Protest Comes to Richmond.” (http://fauquierfreecitizen.com/)
The
original pitchfork protest took place in August 2012 in Warrenton in response
to a Fauquier County supervisor threatening Martha Boneta, the owner of Liberty
Farms in the village of Paris in northern Virginia, with $5,000 fines for
selling produce and crafts and hosting unlicensed events such as a pumpkin
carving and a birthday party for her best friend’s daughter and eight ten-year
old girls.
Boneta
was told that “she did not have the proper event permits for the party and
other events, including wine tastings, craft workshops, and pumpkin carving.”
Fines were also threatened for produce and products not grown or made on her
70-acre farm although she had a special “retail farm shop” license issued to
her in 2011. Martha planned to sell handspun yarns, birdhouses, fresh
vegetables, eggs, and herbs. But Fauquier County Board of Supervisors changed
“farm sales” classification in 2011 to require a special permit for activities
that were previously included under her license.
Martha
paid $500 to appeal the unjust administrative charges and threats. The country
zoning administrator told Martha at the hearing that she was “out of line” for
appealing these charges.
Martha’s
farm store that was opened just seven hours a week is now closed. She fears the
“uncertain, unlawful, and unscrupulous actions of the county.”
When
citizens fear their local governments, there is no freedom. The ruling attitude
of the elected boards is that the “King can do no wrong.” When elected
officials claim “sovereign immunity” and no longer serve the citizens’ interests
but their own, there is tyranny and oppression.
According
to Delegate Scott Lingamfelter, in November 2012, 74 percent of Virginians
voted to amend the Constitution of Virginia in order to strengthen property
rights. “Let’s make sure that Fauquier County officials and all government
employees remember that they work for
us. Virginians will not tolerate overreaching and overregulating by any
layer of government.”
The
Virginia Association of Counties opposes the Boneta Bill, developing talking
points against HB 1430. Some of the counties support the mandates of U.N.
Agenda 21 and prefer “penny-loafer farming,” preserving thousands of acres of
green grass with a few riding horses, no real agriculture to spoil the
well-manicured “wilderness.”
-
HB
1430 weakens the authority of counties to plan and regulate land use (this is
false; the bill protects traditional, centuries-old forms of farming commerce
and constitutional rights on farm lands)
-
HB
1430 creates a more permissive zoning scheme in agricultural areas that may
lead to land use conflicts with neighboring properties (false; protecting
rights does not obstruct agricultural zoning; counties are still free to
prohibit trespasses by farmers on their neighbors’ rights of enjoyment)
-
HB
1430 threatens “sovereign immunity” of county officials; they won’t be able to
perform their duties for fear of penalties (false; HB 1430 is only limited to
violations of the Virginia Right to Farm Act; counties carry litigation
insurance against frivolous lawsuits when their officials make mistakes in good
faith; if officials are fearful of losing their “sovereign immunity,” they
should ask Martha what their overreaching ordinance did to her family’s life
and livelihood)
Counties
and officials who support the Boneta Bill respect and follow the law and do not
overreach in their duties as elected representatives of the people. The HB 1430
“will ensure that government at all levels respects the heritage and traditions
of farming – and the rights of property owners to enjoy their land in the way
that they see fit.” (Del. Scott Lingamfelter’s letter to constituents, January
8, 2013)
Unfortunately,
there are those who developed and passed onerous regulations by “consensus,”
without the knowledge or approval of a local majority. These are “visioning
committee” officials who were hand-picked to promote and pass U.N. Agenda 21
goals without the people’s knowledge that the boards’ green growth, smart
growth, sustainable, and save the planet plans were limiting the use and
ownership of private property, and, in some cases, leading to confiscation of
property and return to wilderness.
Sevil
Kalayci wrote an impassionate letter to her representative. “Sunday morning the
local news was talking about local farms in Maryland and how much [urbanites]
enjoyed getting produce from their local farms. I guess they have no idea small
farms will be disappearing because of the goals of U.N. Agenda 21. The ultimate
goal is to completely eliminate all small farms around the country. A few huge
companies like Monsanto will direct all the farms in the country. Eventually
all backyard gardens will be illegal.”
Alice
Butler Short was listening to John Kerry deliver a speech on the Hill and heard
him make the analogy that “foreign policy is economic policy.” He said, “A
fruit vendor in Tunisia who ignited the Arab Awakening wanted dignity and
respect. He wanted to sell his fruit without corruption and abuse. That is what
led him to self-immolate.”
Doesn’t
Martha and millions of small farmers like her deserve the same right to sell
the fruits of her agricultural labor without corruption and abuse in the Land
of the Free and Home of the Brave?
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