Category Archives: Right to Farm laws

October 21, 2016 Weekly Round Up

Welcome to this week’s Weekly Round Up.  This will be the last weekly round up post for a couple of months as my family will be adding a little one next week and I will be out of the office on maternity leave.  I’ve got regular weekly posts scheduled throughout my absence, so please continue to check back and keep up with the Texas Agriculture Law Blog!  We will continue the Weekly Round Up posts again in January. * Basic overview of Texas landowner liability law.  My friend… Read More →

September 9, 2016 Weekly Round Up

Happy Friday!  Here are some of the agricultural law stories in the news this week. * Bird cannons causing trouble for neighbors.  One of the more common nuisance claims involving agricultural operations are those involving propane cannons used to keep birds away from fruits like grapes and blueberries.  Oftentimes, neighbors complain about the sound from these cannons, which can fire off every few seconds for hours a day.  Right to Farm statutes are an important line of defense for farmers facing this type of complaint, if the state’s… Read More →

August 26, 2016 Weekly Round Up

Sorry for the lack of Round Up Posts recently–it seems I’ve been on the road and just hadn’t gotten a chance to get one put together.  I’ve had a bit of time in my office this week, so here are some of the ag law stories in the news this week. * Grimes County passes regulation to prevent high speed rail.  The County Commissioners Court in Grimes County recently passed a regulation prohibiting high speed rails from crossing county roads without proof of eminent domain authority being given to… Read More →

April 8, 2016 Weekly Round Up

It has been a busy week around here!  On Monday, I was a co-presenter on a Right to farm webinar.  On Tuesday, I offered a water law webinar for Texas extension agents.  On Thursday night, I spoke on agricultural law hot topics to a great group in Denton.  And, finally, today I am giving three presentations at the Texas & Southwest Cattle Raisers Convention in Ft. Worth.  To all of you new faces joining the blog, welcome! * Right to farm webinar recording available.  If you missed the… Read More →

March 18, 2016 Weekly Round Up

I hope you all had a wonderful St. Patrick’s Day!  Here are a few of the ag law stories making news this week. * Senate rejects voluntary GMO labeling bill.  On Wednesday, the US Senate rejected a bill that would have created a voluntary GMO labeling system and would have prohibited states from imposing mandatory labeling requirements.  Proponents of the bill claim that GMOs are safe and that labeling should not be mandatory as it would increase food prices.  Further, they argue that allowing states to pass different… Read More →

Free Webinar The Right to Farm: Where Have We Been and Where Are We Going?

Imagine you live on your family’s farm, which has been in your family for generations.  The nearby city keeps on growing and soon you find new neighbors next to your fields.  One evening, after a long day driving the tractor and running a manure spreader, your phone rings.  Your new neighbor is not happy about the smell of manure drifting from your fields onto her property.  Soon thereafter, you find yourself a defendant in a lawsuit claiming that your farm is a nuisance and seeking the court prevent… Read More →

New Mexico Amends Right to Farm Act

The New Mexico Legislature recently passed an amendment to the state’s Right to Farm Act, which was signed into law by Governor Martinez on March 3, 2016.  Senate Bill 72 adds a new paragraph to the Right to Farm Act, which has been in place in New Mexico since 1981. Right to Farm Acts Generally Assume a dairy has been in operation for 10 years, and the city has continually moved further and further out towards the dairy.  Now, where there used to be open fields, the dairy finds… Read More →

March 11, 2016 Weekly Round Up

Happy Friday to everyone!  There were lots of interesting ag law stories in the news this week.  Let’s take a look. * Mexico Complies with Rio Grande Treaty Obligations.  You may remember from this prior post the long running dispute between Texas and Mexico regarding water owed to the US under the 1944 Rio Grande Treaty.  For several years, Mexico had been behind on the required water delivery.  As of January 25, the International Boundary and Water Commission confirmed that Texas had delivered all water owed under the… Read More →

Understand Your Right to Farm

I recently wrote an article for Dairy Herd Management magazine reminding producers of the important protections offered by state Right to Farm statutes.  While hopefully an operation never needs to use this statute to defend itself from a nuisance or trespass claim, being aware that these protections do exist and understanding the requirement for the state in which an operation is located is critical. To read the full article, click here.    

September & October Round Up (Part 1)

Hello!  I am back in the saddle again after spending some time on maternity leave.  Thank you all so much for your kind wishes for our little family. During middle of the night feedings, I’ve managed to stay up to date on what’s been happening in the ag law world.  Here are some of the top stories from the last two months. WOTUS rule stayed nationwide, cases will not be consolidated.  As you previously read, the United States Court of Appeal for the Sixth Circuit has issued a… Read More →