The article is not a substitute for legal advice. Note: this post is based on the First Print of the bill and not subsequent prints.
Australian state of New South Wales (NSW) has recently seen a bill introduced
in Parliament that would create an American-style right-to-farm law. This law,
if enacted, would create a nuisance defense to NSW farms qualifying under the
law. At the same time, the bill would increase the penalties for trespass that
results in released livestock. Trespass penalties increase to a possible
three-year jail term for trespassers. The debate in this legislation is ongoing,
and we will have to wait to see if this legislation passes.
article is not a substitute for legal advice..
The 2018 Farm
Bill allows for more growers to grow industrial hemp. A farmer looking to add industrial
hemp on fields creates the possibility of conflicts between neighboring
landowners. The neighbors may not understand that industrial hemp is now legal
to grow or other concerns. Industrial hemp is now a legal commodity and growers
would potentially fall under Maryland’s right-to-farm (RTF) law. Industrial
hemp growers would be eligible for the nuisance defense in the RTF law.
In 2019, we
continue to see decisions involving the application of the right-to-farm law
(RTF) defense in a few states. Recently,
the Court of Appeals of Indiana upheld a trial court’s decision applying the
state’s RTF law. In this case, the RTF
law applied to claims that a neighboring hog farm was creating a nuisance. Although over the past 18 months, we have
seen decisions involving RTF laws not applying to agricultural companies being
hit with large damage verdicts, it is crucial to remember that in many cases,
the RTF defense continues to apply and prevent large verdicts.
With 2018 over and 2019 underway, I want to take a minute to look back at many of the top legal developments impacting agriculture in 2018. Many of these legal developments may seem like repeats from my 2017 update; click here. For those interested embedded above is a join podcast episode I did with Tiffany Lashmet covering the top ag law developments. With those repeated issues, in many cases, we have seen resolutions, and we will probably continue to see litigation further develop with a few problems in 2019. Moving into 2019, we will likely see new issues emerge as a new Farm Bill is implemented and further developments in the international trade area. If you have not already signed up for updates, see the bottom of this post or any post on this site to get email updates sent to you as new content is available. Continue reading →
Liquid manure being applied by a tractor a field in Maryland. Photo by Matt Rath/Chesapeake Bay Program
This article should not be considered legal advice.
Over the course of 2018, you have probably seen the stories involving nuisance suits brought by neighboring landowners against hog farms in North Carolina, leading to large verdicts against Smithfield Foods. Similar lawsuits are going on around the country involving neighbors claiming nearby hog farms are nuisances. In many cases, the state’s right-to-farm law should provide a possible defense to the farm, but the farm needs to meet all the requirements in the right-to-farm law to use the defense. Understanding the requirements can assist in maintaining the right-to-farm defense. Continue reading →
Farmland in Alaska by Michael Hayes via flickr.com
The article is not a substitute for legal advice.
Today, I want to highlight a recent right-to-farm law decision out of Alaska. The Supreme Court of Alaska, in Riddle v. Lanser, held that the state’s right-to-farm law did not protect a landowner who was storing septage on agricultural property. Many readers might be thinking that this is a bad time for right-to-farm laws, especially after the jury verdict involving a North Carolina hog farm, but this case highlights that right-to-farm laws do not protect those not really involved in agriculture before becoming a nuisance. Continue reading →
Hogs in hog barn. Image by Kevin Chang via flickr.com
The article is not a substitute for legal advice.
News broke recently of a $50 million jury verdict* for damages caused to neighbors of a large hog farm in North Carolina. The jury found that the hog farm was a nuisance to neighboring landowners. When many of us this saw this verdict, you may have had a similar thought to me: shouldn’t a state’s right-to-farm law should provide the hog farm a defense in this case. Before the jury’s verdict, the federal district judge hearing the case ruled that North Carolina’s right-to-farm law would not apply in this case. The judge ruled that there had not been a change in the condition in the area that would have allowed the right-to-farm law to act as a defense to the nuisance claims. Continue reading →
Over a year ago, I launched the Maryland Risk Management Education Podcast. In the podcast, I discuss recent court decisions, developing issues, and interview interesting people. New episodes are released every two weeks. Recently released episodes include:
In 2014, the Maryland General Assembly updated the state’s right-to-farm law to include commercial fishing and seafood operations. As many of you know, a state’s right-to-farm law operates to provide a defense to nuisance lawsuits brought against agricultural operations and, now in Maryland, commercial fishing and seafood operations. Continue reading →