> From: "Mike" <[log in to unmask]>
> Subject: Re: [BEE-L] Banning beekeeping in Crestline
> Isn't there something about a grandfather clause, in that you cannot pass
a law against something > that has already been established, i.e. property
use, farming, etc.?

Grandfather clauses as I understand them work for a particular "use" but not
for "nuisances".
Once 'ordained' a nuisance by ordinance (vs. law, which are only
quasi-judicial so I'll refrain from using the word 'law') -- once passed,
all animals banned must be removed from the city limits or face the
consequences provided by the ordinance.

The alternative is to fight them in court.  Depending on the actual 'law' of
your state you may have specific legal rights to farm your land if it was
annexed by the city.   For example, Colorado has a "right to farm" law
passed by the state legislature back in the 70's (74?) which specifically
permits beekeeping to areas annexed by the cities.  If there's a dispute on
point of law and the city loses, the city is responsible to repay all legal
costs as directed by the statute.  The wording in our state statute is there
to prevent cities from bullying farmers out of the town when the footprint
of their area of  annexed 'control' grows to consume the land (and farms)
around them.

So check your statutes to see if you can find a higher precedent for law
concerning honeybees and farming if your property was annexed by your city.
In the worst case scenario a ban on honeybees passes council, it may mean a
court battle but the actual "law" may easily be on your side to gain
satisfaction and continue your farming.  One of our council-members here was
overheard that roughly 1/3 of the ordinances they pass are within the law.
The remainder would likely be countermanded if citizens took them to court.

(I'm not a lawyer.  This is information I've learned from other beekeepers
and professionals over the years.)

Matthew Westall - E-Bees

     //        Earthling Bees
 >8(())))-     "Take me to your feeder"
     \\        Castle Rock, CO,  USA

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