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Tag Archives: dust
What is a “Nuisance?”
CAVEAT: This post is intended to be informative, but it in no way represents legal opinions or legal advice. If either of those is what you’re after, seek the counsel of a competent attorney. The term, “nuisance,” has a long and distinguished history in common law. Generally speaking, an activity creates a nuisance when it substantially and unreasonably interferes with the right of another party to enjoy his or her property. Normally, a nuisance activity does not involve physically trespassing on another’s property, but attributes or results of the… Read More →
Windblown Dust and Landowner Liability
As the urban-rural interface expands toward the wide, open spaces that Panhandle livestock producers have occupied since the 1800s, and as urban residents seek out those same wide, open spaces for their retreats from the stresses of city living, conflict between livestock producers and their neighbors occurs more and more frequently. One of the most prominent realms of conflict is nuisance, and we will discuss nuisance claims (odor, dust, noise, etc.) in a future post. Another realm of legal exposure that faces the agricultural landowner has to do… Read More →
It’s Gonna Be a Rough Summer for Feedyard Dust
As wonderful as 2015 was, 2016 is racing off in the other direction weather-wise here in the southern High Plains: warm, dry, and windy. The first Bradford pear trees blossomed last weekend, almost three full weeks early. And NOAA is forecasting a transition from the current El Niño to a La Niña pattern in the fall. If you are a cattle feeder, it’s time to start getting your feedyard surfaces ready for the “high season.” Here’s a bulletin we wrote in 2011, one of the hottest, driest summers… Read More →