Category Archives: Right to Farm laws

July 3, 2015 Weekly Round Up

Happy July to everyone!  Yesterday, I participated in the Texas Range Webinar Series and gave a presentation on water law.  We had a great turn out for the webinar and fantastic questions! To those of you joining us from the webinar, welcome! The month kicked off with a bang as far as ag law in the news is concerned.  Here are some of the key stories making news this week. * TCEQ Files Petition for TX Supreme Court Review in Surface Water Case.  The TCEQ is seeking review… Read More →

Do Right to Farm Laws Cover Marijuana?

I must admit, writing an agricultural law blog post about marijuana was not something I expected to ever do when I started this blog.  Currently, however, there are controversies going on in Oregon and Missouri about whether the right to farm includes the right to grow marijuana.  These controversies raise interesting issues likely not ever considered by those agricultural groups and producers who most often support right to farm laws. Oregon Medicinal marijuana use has been legal in Oregon for years, and recreational possession becomes legal on July… Read More →

Oregon Farmers Growing GMO Alfalfa Lose Right to Farm Claim

Last week, an Oregon federal court issued an important ruling in Schultz Family Farms, LLC v. Jackson County dealing with two very important, hot-button issues in agriculture:  genetically modified crops and Right to Farm laws.   Although the opinion addresses only one local ordinance, and is binding only in Oregon, it raises issues that we have likely not seen the end of and could be seeing in other places across the country. Factual Background In May 2014, Jackson County, Oregon voters passed an ordinance banning anyone from growing genetically engineered plants… Read More →

April 17, 2015 Weekly Round Up

This week I traveled to Andrews, Texas to speak at the Sandhills Beef Conference.  Thanks to Caleb Eaton for the invitation to come and speak on grazing leases.  To those of you joining the blog from that presentation, welcome!  Here are a couple of at law stories in the news this week. * Texas Legislators Eye Gulf To Solve Water Issues.  The Texas Tribune published a great article discussing proposed bills in Austin related to turning to the gulf and desalination to solve Texas’ ongoing water problems.  As… Read More →

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 →