Category Archives: Right to Farm laws

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 →

November 29, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** This week’s Round Up is coming on Wednesday due to the Thanksgiving holiday.  I wish you all save travels and a great holiday with family and friends!  Here are the ag law stories making news this final week of November. *  Texas Lawmakers Threaten International Boundary and Water Commission.  The battle between the United States and Mexico for water in South Texas continues to expand.  Texas Congressmen John Cornyn and Filemon Vela recently sent a letter to… Read More →

Texas Right To Farm Act Does Not Protect Farmer Using Propane Cannon

**This article is not a substitute for the advice of an attorney.** The Tyler Court of Appeals issued an opinion last week that dealt with the Texas Right to Farm Act.  [Read opinion here.] John Reeves leased farmland from Nan Miller in Anderson County Texas.  When deer and hogs began damaging his crops, Mr. Reeves began using a propane cannon in the field both night and day during the growing season in order to scare away the deer and hogs.  Mr. Hooton, who owns the neighboring property, complained that the… Read More →

Tennessee Right to Farm Ruling: Music Concerts Not Protected

**This article is not a substitute for the advice of an attorney.** An interesting decision interpreting the Tennessee Right to Farm Act was issued by the Tennessee Supreme Court yesterday. The Lawsuit The lawsuit, Shore v. Maple Lane Farms, LLC, was based on an issue that arose between neighbors in rural Blount County.  Maple Lane Farms began in the mid-1980′s as a family operation raising cattle, corn, vegetables, strawberries and pumpkins.  Over the years, Maple Lane diversified their operation and began to offer various activities for visitors of the farm. … Read More →