Category Archives: Right to Farm laws

$50 Million Nuisance Verdict in NC Hog Farm Case

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In recent weeks, the big buzz in agricultural law was a verdict in North Carolina, finding a Smithfield Foods subsidiary liable for nuisance and awarding $50 million in damages to neighboring landowners.  Today, we will take a look at that case, discuss why the Right to Farm statute did not apply, and consider how this might have played on in Texas. Background Smithfield Foods and subsidiary Murphy Brown, LLC contracts with a number of hog farmers in North Carolina to raise pigs.  Each farm raises the animals, but… Read More →

May 11, 2018 Weekly Round Up

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We’ve made it to another Friday!  To those of you joining from the Montague County Fence Law Meeting yesterday, welcome!  Here are some ag law stories in the news this week. *NC Judge significantly limits award in nuisance lawsuit.  You may recall last week we mentioned the $50 million nuisance verdict in favor of neighbors against Murphy Brown hog farms in North Carolina.  This week, the trial court judge limited the damage award to $3.25 million, which would equate to $325,000 per plaintiff.  This decision was based on… Read More →

December 15, 2017 Weekly Round Up

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Happy Friday!  The last couple of weeks I made trips to Tulia and Miami for county extension programs, so welcome to those of you joining the blog.  Here are some of the ag law stories in the news this week. *KUT writes interesting article on wind right severances.  Mose Buchele wrote an interesting article on a new issue of Texas landowners selling property but reserving wind rights.  This is a new phenomenon, which raises interesting legal and practical questions.  [Read article here.] *TCEQ will not appoint watermaster for San Saba… Read More →

December 1, 2017 Weekly Round Up

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Welcome to December!  To those of you joining us for the first time from the Amarillo Farm and Ranch Show, welcome!  Here are some of the ag law stories in the news this week. * EPA delays emissions reporting until January 22.  As we reported two weeks ago, the deadline for agricultural operations to report emissions of ammonia and hydrogen sulfide if over 100 pounds in a 24 hour period had been November 15.  On the eve of that deadline, the EPA announced it would not require reporting… Read More →

October 6, 2017 Weekly Round Up

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This week I traveled to Fredericksburg for the Bennett Trust Women’s Stewardship Conference and to Johnson City for the Pedernales Wildlife Management Co-Op Meeting.  This trip, I had a two-year old sidekick with me who thoroughly enjoyed the fun.  Welcome to those of you joining from these programs. Here are some of the ag law stories in the news. * Farm program payments under ARC/PLC are going out beginning this week.  Those of you enrolled in the ARC and PLC programs keep an eye on your mailboxes.  The… Read More →

September 1, 2017 Ag Law Weekly Round Up

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It has been quite a week here in Texas.  To those of you suffering the devastating floods, our thoughts and prayers are with you. To those of you joining us this week who attended the Ranchers Leasing Workshops in Lubbock and College Station, welcome to the blog!  Also, happy to have new followers from the estate planning program I recently spoke at in Longview. Here are some of the ag law stories making news this week. *WOTUS Rule repeal comment period extended through September 27, 2017.  The Environmental… Read More →

June 16, 2017 Weekly Round Up

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How is it already the middle of June?  Time flies when you are having fun, I suppose!  I’ve been on the road as usual and have made stops for programs in Lufkin, Goldthwaite, and Denton over the last couple of weeks.  It was great getting the chance to meet some new folks in person and I’d like to welcome all new readers to the blog. Here are some ag law stories in the news recently. * First Syngenta class action trial begins in Kansas City.  The first class… Read More →

October 21, 2016 Weekly Round Up

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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

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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

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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 →