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Lingamfelter Adds Teeth to Farm Freedom with Boneta Bill

H.B. 1430 – Guaranteeing Individual Liberty and Property Rights for Farmers

Legislation protecting the property rights and individual liberties of farmers will be the subject of a press conference January 8 at 11 a.m. in House Room 1 of Richmond’s historic Virginia State Capitol.

H.B. 1430 was written in response to overzealous enforcement actions by Fauquier County against farmer Martha Boneta for selling her farm produce, advertising pumpkin carvings, and holding a private birthday party for eight 10-year-old girls. Those unconscionable actions against Martha the farmer resulted in the “Pitchfork Protest” in August that gained national attention.

H.B. 1430, the Boneta Bill, is sponsored by Delegate Scott Lingamfelter and amends Virginia’s Right to Farm Act.

Virginia’s Right to Farm Act (VRFA) was intended to protect the rights of Virginians to engage in something that is fundamental to a way of life in the Commonwealth, and indeed America:  farming.

Despite the VRFA, county ordinances and actions of county officials have resulted in restricting the farming lifestyle and defining down what it means to be a farmer.  Martha Boneta’s property is zoned agriculture, and she even had a business license for her quaint farm store called Paris Barns at Liberty Farm.  Fauquier County nevertheless fined Martha for farming.  Fauquier County’s ordinances and the actions of the county zoning administrator and board of zoning appeals constitute trespasses on the rights of all farmers.

H.B. 1430 amends the VRFA by clarifying that farming is not merely growing crops or raising livestock.  Farming is more than that. It is a lifestyle of one’s own “pursuit of happiness.”  It is commerce that sustains individuals, families and even communities.  It is the subject of great American literature, art, artifacts and more.  It is, like all great American endeavors, what each individual chooses to make of it through his or her own vision, ingenuity, capital, time and labor.

Farming is not what government officials choose to dictate to free citizens.  H.B. 1430 reflects these principles by amending the definition section of the Right to Farm Act to protect the rights of farmers to engage in commerce within their communities, to include the byproducts of farm produce (goats milk soap, for example), and to include the sale of items incidental to farming such as art, literature, artifacts and more.  These are consistent with the traditional, self-sufficient farm life, and are good for the economy.

The bill also expressly provides that county ordinances are void if they violate constitutionally protected rights on agricultural property.  Such rights include freedom of speech, assembly, the press, religion and more.

Lastly, too often we see government officials abusing the power of their offices by bullying citizens through incorrect and harmful interpretations of laws.  H.B. 1430 adds teeth to the VRFA and tempers overzealous counties and county officials by making them subject to the same fines and penalties that they might seek to unlawfully impose on farmer-citizens.

Virginia farmers set forth some of most important principles about liberty for all Americans.  Perhaps the most important American innovation was that liberty is best preserved by a supreme, paramount law governing government itself – our Constitution with its Bill of Rights.  H.B. 1430 strengthens the Virginia Right to Farm Act against counties and county officials who violate the law by trespassing on the property rights and the individual liberties of farmers.

You can read H.B. 1430 here: http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+HB1430

You can read Delegate Lingamfelter’s press release here:

http://va31st.com/press-release-delegate-scott-lingamfelter-introduces-the-boneta-bill-in-response-to-property-rights-infringements-by-government/

 

 

 

Comments

comments

14 Responses to Lingamfelter Adds Teeth to Farm Freedom with Boneta Bill

  1. Scamperis Reply

    January 11, 2013 at 12:43 pm

    As a former but long time resident of Warrenton/Fauquier Co. What you are seeing in Fauquier Co is the working of a UN Agenda 21 if you dont understand what that is and what is means to property rights then do a little research ! You are only seeing the TIP of the iceberg. Thats right AGENDA 21 PEC would be their first choice in putting this United Nations program in place in the local town and County. Its happening every where in this Country !!!!!!!! Questions ? email me

  2. Pingback: Virginia farmers fight government overreach with legislation « Ranch Beat

  3. Pingback: GETTING GOVERNMENT PERMISSION TO HOST A BIRTHDAY PARTY | Citizen Tom

  4. Foxhound Reply

    January 5, 2013 at 8:57 am

    Sadly, I have to agree that was a stupid move for the county to issue that press release and a gift on a silver platter in the litigation against the county. Obviously not properly vetted before distribution. If the county was smart they would have made this go away a long time ago instead now all the real ugly skeletons will start popping up. I don’t know who is advising these people, but the usual smear tactics and dirty politics are making things worse and Fauquier has lost all credibility.

    Sorry Fauquier ala Holder, Granger et al- the good ole boy days of the PEC freaks owning your soals and authoring all county ordinances and fake “studies” and “selective enforcement” are OVER! You can’t issue a press release riddled with lies and expect to be taken seriously. Plus you admit wrongdoing in your very own release! Idiots!

  5. Justice leaguer Reply

    January 4, 2013 at 8:44 pm

    @george – I read the release and I am not sure what part acknowledges any wrong doing. I reread again just now and I don’t get what you are talking about. Please elaborate.

  6. George McCallins Reply

    January 4, 2013 at 9:44 am

    @ Anti-American “IB Truth” – Obviously you want to live in a soviet occupied county. For the record, I am a democrat, but do not tolerate local county abusive of authority or raping any citizen of our fundamental freedoms including property rights.

    Have you read the laughable “press release” this county distributed yesterday about this matter? Fauquier County makes admissions that their actions were an abuse of authority in thier very own press release.

    It is a sad day in America when we the people need a special permit, site plan and have to pay a FEE to the government to have approval to carve a pumpkin, have a birthday party, drink wine, buy a hand-made craft or do yoga on private property that is a FARM.

    Sorry @ “IB NotTruthful” – but I choose to serve my country and fight for every American’s freedom regardless if it be giving my life in combat or fighting to protect the rights of a tomato farmer in Virginia.

    The zoning office has never even been to this farm to “investigate” the bogus allegations brought by “neighbors” with an agenda. My God what in the world is this county thinking? Moreoever, why is this county acting as an agent for a special interest group?

    This has been a vicious attack against this farm. How else do you explain that so many other farms in this very county do the exact same thing but only this farmer is being strangled to death by the county?

    No American should ever have to suffer the way this county has gone out “to get” this farmer. It will stop now. We the people, demand Zero Tolerance for any government that takes away our most fundamental rights of life, liberty, property rights and the pursuit of happiness.

  7. IB Truth Reply

    January 3, 2013 at 10:21 pm

    @George. Sorry I am not Chris Granger, but I do live in Warrenton and he is my rep on the BOS.

    I’m just an average citizen expressing his views. I have spoken with Mr. Granger a few times and he seems like a straight shooter. Why don’t you give him a call and see what he thinks.

  8. George McCallins Reply

    January 3, 2013 at 9:43 pm

    @ IB Truth – Is that you CHRIS GRANGER? I am disgusted that our hard earned tax dollars are being spent on YOU trying to disparage the American people. How dare you and the rest of the BOS puppets! All of you McBafoons are destroying this beautiful county.

    You are admitting in your message here that Fauquier County is acting on behalf of a third party – the PEC wacko extremists. YOU have a duty to represent ALL of the people – even the little people. Stop picking and bullying this Paris Farmer. The more you BULLY and try to destroy this hard working American, the more you and the rest of you monsters will be held accountable for your evil ways.

    We must take back our country from these monsters. Keep up the fight Martha. This is really not about Martha at all – it is about FREEDOM, property rights and prosperity.

    It is a disgrace and a shame that these idiots are coming out of their dungeons to try to destroy this poor woman. It will stop now.

  9. sgtcajones Reply

    January 3, 2013 at 7:35 pm

    IB Truth, (Seriously?)

    Yes, you’re so right!!!

    The Boneta’s spent a lot of money to go out and purchase this farm so they could pick a fight with the PEC, the Board of Supervisors, the ZA, and a number of other “Little People” in Fauquier County government, along with the unelected group of folks who really run the county, all while sitting on their high and mighty perch in Fairfax.

    And all the while they knew full well they were not “allowed” to actually raise and sell products on their “Farm”, that was sold to them as a “Farm”, that they were allowed to operate as a “Farm”, right up until they started selling “Farm Products” at their “Farm”.

    You’re right; I don’t know why these folks are dragging the county into this battle.

  10. IB Truth Reply

    January 3, 2013 at 6:26 pm

    Not sure why Fauquier County has been brought into a private matter between the Boneta’s and the PEC. They bought the place and agreed to the conditions when they signed the contract. Again taking a page from the Democrats they ran to the government when they could not get their way.

    I guess it is fun to pick on the little people in Fauquier from their perch in Fairfax.

  11. Trevor Ripchord Reply

    January 3, 2013 at 8:55 am

    I am a staunch advocate for farm and food freedom but I have to say there is no freedom in this bill. in fact it has language that is the exact opposite. This appears to be another attempt to fool people with a bill where the summary and spin says what people want to hear, but the law itself will not provide what it is selling. HB 1160 was exactly the same with respect to stopping ther NDAA.

    all the language about farming being a way of life and persuit of happiness is great. I agree with those statements, but unfortunately it does not have any concrete weight of law in this bill. it just sounds good.

    the addition to 3.2-302 just says that local government can not do what it can already not do. it does not restrict the state nor does it protect us from the feds

    the addition to 3.2-302.1 says if a county or its representative violates 3.2-302 (which contains no specific restrictions on them) they owe the affected farmer restitition.

    Farmers are being crushed by unconstitutional federal regulations and similar from the state and local level and this does nothing about any of it.

    Would it be that hard to actually do something about it?

  12. Kevin McGrath Reply

    January 2, 2013 at 10:41 pm

    It is beyond the time is time to act!!! Fellow citizens of Virginia! Wake UP! Time to see the reality of small government with big teeth trying to take away our rights!!!! What does it take? I watched as the FARC took away the carnation plantations of the Admirals and Governors and Generals of Bogota Colombia, our western supportors in WW II.

    My father in law gave up his life in support of freedom! He advised me of the socialist tendencies of the world…take everything and give nothing back! This is happening now in America…we have become a socialist nation with more takers than givers. Government overregulators more than government balancers. Take away from the small farmer…take away from the small investor…take away from the top wage earners who employ our citizens and give to the takers…..western Europe is here…..

    America……

  13. Frank&Jane Reply

    January 2, 2013 at 8:09 pm

    God Bless Del. Scott Lingamfelter! What a great man to bring this Bill forward. It is long over due! Virginia should be protecting our property rights and those of farmers are sacred to the Commonwealth. Fauquier County is a mess and this Bill will protect the rights of farmers, wineries and every Virginian.

    This County is run by a bunch of extremist environmental wackos and they are destroying this beautiful part of Virginia. How dare they keep my family from going to to enjoy vineyards and visit small family farm stores! Shame on them. They must be held accountable.

    Scott Lingamfelter is running for Lt. Governor and I believe this is the kind of man we need running Virginia. LIMITED GOVERNMENT.

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