Category Archives: Right to Farm laws

Court Considers Nuisance and Trespass Complaint Against Texas Feed Mill

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The Austin Court of Appeals recently considered, Adcock v. Cal-Maine Foods, Inc., a lawsuit involving nuisance and trespass claims against a Texas feed mill filed by a neighboring landowner. Background Cal-Maine operates a chicken-feed mill.  Adcock is a neighboring property owner. In April 2019, Adcock sued Cal-Maine for nuisance and trespass complaining of the company’s “torment” of him and other residents since it acquired the mill from a prior owner 15 years ago.  He complains of Cal-Maine’s alleged release of “putrid odor of animal waste and chemicals,” loud noises,… Read More →

March 1, 2024 Weekly Round Up

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It has certainly been a challenging week here in the Texas Panhandle.  Thank you to everyone who checked on me and my family.  Things got pretty intense for us on Tuesday as an evacuation order was issued.  We were able to get our cattle out of the pasture closest to the fire.  The fire missed our property, but so many others were not as fortunate.   The fires continue to burn. Many of you have asked how you can help.  Here is information on the Texas A&M AgriLife Extension… Read More →

2023 Ag Law Year in Review – Texas

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Last week, we discussed what a busy year it had been nationally for agricultural law.  To learn more, read here or listen here. This week, we are shifting our focus closer to home and looking at the biggest agricultural law issues in Texas this year. Ownership of Produced Water  The question of who owns produced water in Texas is extremely important and will have major implications for landowners and oil and gas operators across the state.  At issue is ownership of “produced water,” the water that comes out… Read More →

November 17, 2023 Weekly Round Up

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There have been a number of developments in key agricultural law issues around the country over the past couple of weeks.  From the Farm Bill to Right to Farm, WOTUS to water law, we’ll get you up to speed! *Texas voters pass Constitutional right to farm, other Constitutional amendments.  On November 7, Texas voters overwhelmingly passed Proposition 1, which means that Texans now have a right to farming, ranching, timber production, horticulture, and wildlife management in the State Constitution.  [Read more about Prop 1 language here and read… Read More →

Texas Right to Farm Statute Overview

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Earlier this year, we discussed legislative amendments to the Texas Right to Farm Statute here. Now that those changes have gone into effect, we thought it might be useful to provide a brief overview of the Texas Right to Farm Statute.  To read the full text of the Texas Right to Farm statute (with changes underlined), click here. Background One real concern for farmers across the country, especially those whose operations are located in areas where houses are moving out into traditionally more rural areas is the threat… Read More →

September 8, 2023 Weekly Round Up

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We’re back again with another rundown of some of the key ag law issues in the news this week. *There is a new I-9 form that must be used starting November 1, 2023.  The US Citizenship and Immigration Services released a new I-9 form on August 1.  For now, employers may use either the new form or the current form, but as of November 1, all employers must use the new form. You can find the new form here.  A summary of the changes may be found here…. Read More →

August 25, 2023 Weekly Round Up

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Happy Friday!  Once again, we’ve had a number of ag law issues in the news the past couple of weeks. * Bipartisan group of lawmakers ask House Agriculture Committee Chairman not to include EATS Act in the next Farm Bill.  A letter signed by more than 170 lawmakers asks House Ag Committee Chair Glenn “GT” Thompson not to include the EATS Act in a new farm bill.  The Ending Agricultural Trade Suppression Act was proposed after the Supreme Court upheld California’s Proposition 12 and would prohibit such measures in… Read More →

August 11, 2023 Weekly Round Up

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It has been an unbelievably busy week around here, I bet the same is true for many of you.  Welcome to those of you joining from the Texas A&M Beef Cattle Short Course and the Southern Family Farmers and Food Systems Conference.  Here are some ag law stories recently in the news. * Podcast episode recapping Texas Legislative Session for agriculture.  Yesterday, we released a podcast episode with J. Pete Laney recapping the 88th Texas Legislative Session and the key bills related to agriculture.  It’s become a tradition for… Read More →

Significant Changes Coming to Texas Right to Farm Statute

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As of September 1, 2023, there will be significant changes in store for the Texas Right to Farm statute.  The Texas Legislature passed, and Governor Abbott signed, HB 1750, HB 2308 and HB 2947, each revising the statute offering important protections to Texas rural landowners, lessees, and agricultural operators.  We have prepared a document showing the text of the Texas Right to Farm Statute as of September 1. To read a full summary of the Texas Right to Farm statute, click here. Background The Texas Right to Farm… Read More →

January 13, 2023 Weekly Round Up

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I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →