Category Archives: Right to Farm laws

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 →

August 2, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Happy August!  Here are some agricultural law-related stories making the news this week. * Arsenic in Texas Wells?  A recent study looking at water well quality in the Barnett Shale region has found elevated levels of arsenic in wells that are closer to natural gas extraction sites.  The study tested 100 wells in the region where fracking has been used to extract natural gas and found that those with dangerous arsenic levels were generally closer to the… Read More →

Texas Right to Farm Law

**This article is not a substitute for the advice of an attorney.** As promised yesterday, we are taking a closer look at the Texas Right to Farm law.  The full text of the law may be found here.  As Texas’ population continues to increase and more and more people are moving into rural areas, it is important for all producers to be aware of the protections of the Right to Farm statute, and to understand how it might apply if they face a lawsuit. When was the law enacted?  The… Read More →

Nuisance Suit Against Hog Farmer “Doesn’t Fly” in Indiana

**This article is not a substitute for the advice of an attorney.** Earlier this month, the United States Court of Appeals for the Seventh Circuit dismissed a nuisance claim against a hog farm located in rural Indiana.  The full text of the court’s opinion in Dalzell v. Country View Family Farms, LLC can be read here. Mr. Leis purchased his farm, which grew corn and soybeans, in 2005.  By 2007, Mr. Leis converted the farm into a hog farm, housing approximately 2,800 hogs.  Mr. Leis’ neighbors complained of odor… Read More →