Category Archives: Right to Farm laws

December 19, 2014 Weekly Round Up

This week I spoke to a full house at the Swisher County Ag Day in Tulia about Texas Water Law and the major ag law issues to watch in 2015.  Thanks to County Extension Agent John Villalba for the invitation and opportunity to speak.  To those of you joining the blog from Swisher County, welcome!  This is our last weekly round up post of the year!  I hope everyone has a wonderful holiday season. * 5th Circuit Refuses to Reconsider Aransas Project v. Shaw.  Earlier this week, the 5th Circuit… Read More →

October 17, 2014 Weekly Round Up

Thank you all for your kind words after my big announcement last week.  I am happy to report that I am settled into my new office in Amarillo and back at it.  Yesterday, I had the chance to present on water law for the Big County Master Naturalists group in Abilene via webcam.  Welcome to those of you visiting the blog from that event! Here are some of the ag law stories in the news this week. Video Addresses Proposed Water Pipeline Project.  The Texas Tribune put together a… Read More →

Be Aware of Your Right to Farm

I recently wrote an article, available online here, for Progressive Cattleman Magazine on the importance of Right to Farm laws.  As the article explains, it is not uncommon for a U.S. agricultural operation to face complaints from neighbors about various things including  noise, smell, and dust caused by the farming or ranching operation.  Right to Farm statutes offer some protection to an agricultural operation in this situation. All 50 states have enacted right to farm laws.  Not surprisingly, the laws vary depending upon the state in which your… Read More →

August 8, 2014 Weekly Round Up

It has been another busy week for me.  On Monday I was in Dallas speaking at the noon meeting of the Dallas Agricultural Club, the oldest agricultural club in Texas (founded in 1925) on current hot topics in agricultural law.  It was a great group who asked wonderful questions.  On Wednesday I was able to speak during the Ag Business Management Section at the Texas A&M University Beef Cattle Short Course on pipeline easement negotiations.  This is my second year speaking at Short Course and once again I found… Read More →

Missouri Voters To Consider “Right to Farm” Constitutional Amendment

On Tuesday, Missouri voters will determine whether to amend the state’s constitution to include a constitutional right to farm.  This proposed amendment has created significant debate among agricultural producers, organizations, politicians, companies, and interest groups. Missouri’s Proposed Amendment The proposed amendment would amend the Missouri Constitution to “ensure that the right of Missouri citizens to engage in agricultural production and ranching practices shall not be infringed.”  Specifically, if passed Article I of the Missouri Constitution would include the following language:  “That agriculture which provides food, energy, health benefits, and security… Read More →

Judge Upholds Constitutionality of Indiana’s Right to Farm Law

Last week, an Indiana trial court upheld the constitutionality of the state’s right to farm statute  Amrstrong v. Maxwell Farms of Indiana Inc. [Read opinion here.] Background The farm property at issue has been used continuously as a farm since the early 1900’s. Gary Foulke owns the property and the finishing barn sitting upon it.  Maxwell Farms began placing hogs in Foulke’s barn in June 2007.  Foulke then finished out the hogs, caring for them from the time they weigh approximately 50 pounds until they weigh approximately 260 pounds. … Read More →

July 3, 2014 Weekly Round Up

Last week I was in Denton, Texas speaking at the Denton County Agricultural Law Program.  County Extension Agent Brandon Boughen put together a great program for participants that included Wayne Hayenga on estate planning and myself discussing water law and agricultural leases.  Thanks to Brandon for all of his hard work! It has been a very busy week for news related to agricultural law.  Major decisions were issued by the New York Court of Appeals regarding local agencies’ rights to prohibit oil and gas production (read blog here) and by… Read More →

January 31, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* This week I had the chance to head up to take a little road trip to speak at the Northeast Texas Cattlemen’s Conference in Winnsboro.  Even though it was a cold, early morning, there was a really great turn out for the conference.  I enjoyed the chance to visit with these producers about ag leases and appreciated their insightful questions.  Welcome to anyone reading this blog from the Conference! It was a busy week in ag law–here are… Read More →

January 24, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* It has been a bit of a whirlwind week around here!  On Tuesday evening I was in Glen Rose speaking about water law at the 15th Annual Central Texas Beef Cattle Seminar.  Thursday found me in Vernon speaking at the Master Marketer program on agricultural leases.  Both programs had great turn outs, great questions from the participants, and great food (always a plus!)  Welcome to the new readers from those events. Here are a few stories… Read More →

December 6, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** This week I was able to speak at the Texas Commodity Symposium held in conjunction with the Amarillo Farm and Ranch Show.  It was a great symposium and I enjoyed the chance to visit with the attendees and hear the other speakers.  Hello to the new readers from the Farm and Ranch Show!  Here are a few ag law-related stories making news this week. *Federal Reserve Bank Report Suggests Water Market Approach.  The Federal Reserve Bank… Read More →