The Hog farm development, which is beng protested, is on privately owned land.  But on Monday a tribal judge ruled that the Yankton Sioux Tribe could exclude Long View Farms workers from being on the reservation, but they still feel they have a right to continue building.

The hog farm is being built on 40 acres just south of Highway 46 between Wagner and Marty. There's tribal land to the north, and the rest of the land to the east, south, and west is privately owned. 

The protestors have staged themselves on the west side of County Road 21 while the work to build an access road to the property continues on the east side of the road.

In the early 90's, the Bureau of Indian Affairs and Charles Mix County entered into an agreement to have the BIA maintain county road 21. But according to the Charles Mix County's states attorney's office, no matter who maintains it, it's still a public road and workers from Long View Farms should be able to use it to access their property. 

That's why some were arrested yesterday when they tried to stop the workers. 

"I believe they have a right to protest safely and if they want to protest there's nothing I can do to stop them and as long as they don't hurt our people and don't interfere with us, it's sad we got to have that many highway patrol down there with their budgets cuts, but we need protection and our workers need protection," said Dave Nadowlski, attorney for Long View Farms. 

Nadolwksi says Long View Farms obtained all the county and state permits they needed to build the hog farm last september and that crews could start pouring cement as early as this Friday.