- 行业: Government
- Number of terms: 41534
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The Fifth Amendment to the Constitution, and comparable provisions in state constitutions, bar the "taking" of private property by government unless just compensation is paid to the property owner. Initially, the Supreme Court recognized only government seizures and physical invasions of primate property as "takings." Thus, recurring flooding of a farm as the result of a government dam would probably be a taking. In 1922, the Court expanded the concept of takings to include government actions that merely restrict the economic use of private property, if that restriction is severe enough. However, the line between restrictions that take and those that do not has proved elusive; the Court repeatedly stresses that the determination is an ad hoc, case-by-case one. The agricultural community perceives a threat of takings from federal efforts to preserve wetlands and endangered species, though actual court decisions finding takings of farmland are few. The takings issue has also worked against farmers by virtue of a recent case striking down a "right to farm" law that curtailed the right of owners of residential properties adjacent to farms to sue for nuisance based on farm operations. That law was held to effect a taking of a negative easement of the adjacent properties.
Industry:Agriculture
Taking, in layman’s terms, means killing or removing a plant or animal of a species listed under the Endangered Species Act (ESA), or seriously damaging its chances of reproduction. Except under specified circumstances, taking is forbidden under the ESA. The definition of taking is one of the current issues in the ESA debate. Incidental take of a listed species is a taking which occurs in the course of some other legal activity, whether carried out by a federal or a nonfederal entity.
Industry:Agriculture
an insect pest of cotton, fruit and vegetable, and greenhouse crops. The Animal and Plant Health Inspection Service works cooperatively with producers to implement pest management strategies based on integrated pest management and biological control techniques.
Industry:Agriculture
A tariff-cutting formula adopted in the Tokyo Round where high levels of tariffs were reduced at a faster pace than lower ones.
Industry:Agriculture
For a specific soil, the maximum average annual soil loss expressed as tons per acre per year that will permit current production levels to be maintained economically and indefinitely; the soil loss tolerance level. T values range from 2 to 5 tons per acre per year. According to the 1992 national resources inventory, about 63 million acres of highly erodible cropland are still eroding at more than their T value, including 21 million acres that are still eroding at three times T.
Industry:Agriculture
A provision of the Food Security Act of 1985 that discourages the conversion of wetlands to cropland use. Producers converting a wetland area to cropland lose eligibility for several federal farm program benefits. Benefits are lost from when water levels are lowered to facilitate agricultural production until they have been restored. Several types of wetlands and wetlands in specified situations are exempt. Exceptions include conversions that began before December 23, 1985, conversions of wetlands that had been created artificially, crop production on wetlands that became dry through drought, and conversions that USDA has determined have minimal effect on wetland values. Swampbuster provisions were amended in the FAIR Act of 1996 to provide greater flexibility for producers and landowners.
Industry:Agriculture
An output of renewable resources that does not impair the productivity of the resource; it implies a balance between harvesting and incremental growth or replenishment.
Industry:Agriculture
Development pursued in a manner that does not damage or deplete the human or physical environment and that ensures through good management that resources will be available for use indefinitely.
Industry:Agriculture
A systematic approach to agriculture that focuses on ensuring the long-term productivity of human and natural resources for meeting food and fiber needs. The FACT ACT of 1990 defines sustainable agriculture as "an integrated system of plant and animal production practices having a site-specific application that will, over the long term (a) satisfy human food and fiber needs; (b) enhance environmental quality and the natural resource base upon which the agricultural economy depends; (c) make the most efficient use of non-renewable resources and on-farm resources and integrate, where appropriate, natural biological cycles and controls; (d) sustain the economic viability of farm operations; and (e) enhance the quality of life for farmers and society as a whole." Examples of sustainable agricultural practices include use of crop rotation, animal and green manures, soil and water conserving tillage systems such as no-till planting methods, and integrated pest management. The Food Security Act of 1985 authorized a competitive grants program, now called the Sustainable Agriculture Research and Education (SARE) Program that supports farmer-scientist teams performing on-farm experiments in less chemical-intensive methods of pest control and soil fertility and other sustainable practices. The program also trains Cooperative Extension personnel to work with farmers to encourage adoption of sustainable practices.
Industry:Agriculture
A process under the Federal Insecticide, Fungicide, and Rodenticide Act by which the Environmental Protection Agency can suspend the use of a pesticide in order to prevent an imminent hazard resulting from its continued use. An emergency suspension takes effect immediately; under an ordinary suspension a registrant can request a hearing before the suspension goes into effect. Such a hearing process might take several months.
Industry:Agriculture
