I need answers ASAP. Tyson has a huge chicken barn across the street from me, they told me to get r

[MagicChicken]

Hi Lainey,

What a mess! It sounds to me like your neighbor's property met Tyson's setback requirements until they sold your piece, and they didn't think about the setback distance until it was too late.

If it were me, I would not move my chickens until I had exhausted all the other possibilities. First, read your deed very carefully. Does it say that you cannot keep chickens? Are there any zoning restrictions against keeping chickens (unlikely given the agricultual setting, but best to check)? Is there any other legal paperwork anywhere that says you can't have chickens (might be hidden in the fine print)? If you bought the property from your neighbors and they never disclosed a restriction on keeping chickens prior to the sale, it is probably too bad for them. The time for them to put a chicken restriction on your land was BEFORE the sale. So the first thing you have to do is make sure they didn't sneak in a legal restriction that you didn't know about. Then you will have a better idea of where you stand legally.

It would be a good idea to consult with an attorney as soon as possible. Not sure where you are located, but many states have free or income-indexed legal services available. Provided there is no fine print prohibiting chickens on your property, a letter from your lawyer might get the neighbors off your back.

On the other hand, if you want to remain on good terms with them even if they have no legal basis for asking you to move your chickens, you could work with them to find a mutually acceptable alternative. Maybe they could pay to run water and electricity to a new coop that meets their setback requirements (and help pay for or build the new coop, too). Or they could help you get accepted as a Tyson supplier, so you're both meeting the same biosecurity requirements. You could always offer to help them move their chickens farther away from your property

I bought my home in sept 2010
I was never told I could not have chickens, this home was part of a very large farm forty acres behind my house, 40 acres across the street, where the chicken barns are.
The land that came with the house was used to raise cattle, the gentleman got sick and could no longer farm it. When we bought the place they knew I would be bringing my horse farm with me
I have 21 horses, 6 dogs, 3 rescue cats, I went as far as talking to the old owners about raising cattle here, nothing was ever said about no chickens.
Perhaps they are worried about losing money if my chickens get sick idk but what I do know is this, it would really ruin my day if I caused someone to lose there family income. They are so worried that they offered to pay me for all the money I had invested into my chicks
I am so dang stumped, I have no clue what to do!

 

[Kikiriki]

Aceintoledo has a very good point: If they are within a half mile of the road, then a truck full of sick poultry could pass by at any time and they would never even know it. However I did check tysons site and they are very proud of their biosecurity even though they dont post the specifics. It has two purposes: one is to ensure health and the other to maintain the purity of their stockline. They did lose a whole farm of chicken due to bird flu ( not the scary strain) and did a check of all poultry farms within a 10 mile radius! On their site they describe their process: Eggs are produced by breeders, sent to hatcheries, then sent to the farms where they are raised in enclosed buildings, then sent to processing. In my opinion, every move opens an opportunity for the birds to contact disease.

It seems the farmers, though, are being really nice and I see from what youve said that you are a good person who does not want them to lose their business. If they offered to reimburse you for your chicken expenses, perhaps they would be willing to help set you up with the facility to move your chickens: you need water and electric...ask them to help you get it to the new site instead of getting rid of your chickens.

One man on the forum has a camera with a video feed so he can still watch his flock from work! He actually has it set up where anyone can watch chicken cam, too! Would that be option that would let you feel less disconnected? You could ask them to contribute to that, as well. I would also ask them for an auto open door since they would be so far away from you.

It is MORE than fair for you to ask them for these things since moving your chickens places a long term burden upon you to have to travel some distance to take care of your girls.

 

[Nickichicki]

I am a no ******** kind of person and this is MY opinion. I would tell them people that until you hear it from a police officer or get legal papers in the mail they can just go on about their business and pretend they don't even know you have chickens. I don't care if they are nice people or not. When you purchased the house it did not have a 'no chicken clause'. I think the people asking you to get rid of your chickens are raising chickens for Tyson and are scared to death they are going to lose their profit if Tyson finds out that you have chickens. Id tell them to kiss ya where the good lord split ya! You love your chickens...what if it were your dogs or cats they were telling you to get rid of? Would you listen then? lol I sure as heck wouldn't! They are only worried about themselves, nice people or not they still in the end ONLY worry about themselves! Keep your chickens and fight this to the death. You have 40 acres of land you plan to live on til you die some many years from now. Tell them they can move THEIR chickens if their worried about disease or whatever it is they are worried about! Good luck and PLEASE keep me up to date on this! I'd REALLY like to know how this ends. Thank you and again GOOD LUCK!!!

 

[Nickichicki]

oops...guess I didn't realize this site had a no swearing policy...I will remember that from now on. Sorry if I have offended anyone!

 

[Lainey60]

Aceintoledo has a very good point: If they are within a half mile of the road, then a truck full of sick poultry could pass by at any time and they would never even know it. However I did check tysons site and they are very proud of their biosecurity even though they dont post the specifics. It has two purposes: one is to ensure health and the other to maintain the purity of their stockline. They did lose a whole farm of chicken due to bird flu ( not the scary strain) and did a check of all poultry farms within a 10 mile radius! On their site they describe their process: Eggs are produced by breeders, sent to hatcheries, then sent to the farms where they are raised in enclosed buildings, then sent to processing. In my opinion, every move opens an opportunity for the birds to contact disease.

It seems the farmers, though, are being really nice and I see from what youve said that you are a good person who does not want them to lose their business. If they offered to reimburse you for your chicken expenses, perhaps they would be willing to help set you up with the facility to move your chickens: you need water and electric...ask them to help you get it to the new site instead of getting rid of your chickens.

One man on the forum has a camera with a video feed so he can still watch his flock from work! He actually has it set up where anyone can watch chicken cam, too! Would that be option that would let you feel less disconnected? You could ask them to contribute to that, as well. I would also ask them for an auto open door since they would be so far away from you.

It is MORE than fair for you to ask them for these things since moving your chickens places a long term burden upon you to have to travel some distance to take care of your girls.

That is a awesome idea! I will talk it over with my hubby when he gets home.
I love my chicks and I really dont want to move them or get rid of them, watching them is like watching a fish tank, it soothes my soul

 

[Kikiriki]

Quote:
We'll have no rights at all if we don't stand our ground. Seems like our government wants to control our means to feed our selves and our means of protecting ourselves.

Tyson isnt dictating, her neighbors are farmers who explained the problem, asked nicely and humbly, and offered to reimburse costs. That's what makes it so hard: it is not some anonymous corporation, it is a family who will lose their business. Indeed, the problem is theirs, as it is their facility that is actually too close to lainey, but lainey is decent person who doesnt want to be responsible for a family business failing. I just read the post about all the wild birds in the wetlands: wild birds are a bigger risk because they are free to contract and pass on any diseases, so it is a puzzle as to how they can worry about biosecurity due to her chickens unless it is in their contract specifically.... I recommend asking to see the terms in the contract.

 

[DelcoChix]

IMO...this has nothing to do with trampling on anyone 'rights.' What does the government have to do with a contract an individual signed with a private business to make money?
This is simply someone (op) having been asked by their neighbor to move/get rid of their chickens so that their neighbor does not lose their business/contract with Tyson. Tyson has not asked/demanded/insisted, etc. the op get rid of their chickens, nor has the government. The op doesn't 'have' to do anything...they simply want to keep their chickens BUT they are also very concerned that their neighbor will lose their business contract with the big company. Pretty admirable to be concerned about their neighbors request, not wanting them to lose their income...but they also don't want to give up their birds...totally understandable. Seems to me like the neighbor should have located his chicken business 1/2 mile from the nearest property lines, not ask folks nearby to move their animals away from the property line.
The neighbors shouldn't have any power over what the op decides to do, nor is it technically the op's responsibility to bow to their request. Unless there is something written into their zoning ordinances or purchase agreement when they bought the land, specifically addressing the ownership of poultry being excluded the op doesn't have to do anything. At least, that's what I understood from their post. They are only wanting to maintain a good neighborly relationship, which is wonderful...but their neighbor is way out of line, expecting the op to accomodate their agreement with Tyson.
The neighbor has the contractual obligation to follow Tyson's rules...they want to be paid-- they have to do as they are told. They knew that when they signed the contract. If they sold the land to the op, they should have specified, in writing, that any poultry must be located ___feet from the property line at all times or _____would happen. OP owes them nothing otherwise.
As far as being a good neighbor, that's the op's decision and one worth trying to figure out. Makes life a lot easier, less stressful all around. Moving the birds 1/2 mile away would be out of the question in my opinion...but why not attempt to meet with the neighbor, ask about the specific guidelines and see if there is any way to compromise that will help both folks?
Like, if the free ranging is the concern, see if the neighbor would be willing to pay for good fencing that would keep them home?
I guess I would try to work with the neighbor if possible, but only after I had it straight in my head how far I was willing to go. 1) No, I'm not getting rid of them. 2) No, I'm not relocating them 1/2 mile from my home/running water/electricity/protection.3) Yes, I will keep them securely on my property, and so on...
Good luck! You are in a tough position but it sounds like you are a decent person who wants to work things out if that's possible. Don't feel guilty or pressured into making a decision that is not your real choice. It will work out!

 

[FiveForAll]

It sounds like they signed their Tyson contract before they sub-divided their farm and didn't think to place any stipulations on their sale. If they are offering to pay maybe you could negotiated them paying to relocate your operation and include electical and water service and maybe even a service road.

 

[SIMZ]

Oh, what a tough situation! I'm so sorry that you even have to try to make a decision like that. Hopefully something can be worked out that works out for both of you!!

 

[Imp]

What a dilemma! Ugh.
Maybe a good place to start, is to find out if the 1/2 mile distance is true. There have been other members that lived near chicken farms, and I've never seen this problem posted before.
And perhaps you could be accredited or certified and that would be sufficient, maybe NPIP certification? I don't know for certain, but better than moving your flock so far away.

Imp- Good luck