New South Wales Considers Right-to-Farm Law and Enhanced Trespass Penalties

Rural scene in New South Wales Australia. Image by Indigo Skies Photography.

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.

            The 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.

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Frequently Updated Questions: Hey, Paul Does Growing Hemp Qualify for the Right-to-Farm Defense?

Industrial hemp being grown in Pennsylvania (Photo by Will Parson/Chesapeake Bay Program)

The 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.

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Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality

Image of hogs in modern hog facility. Image is by Kevin Chang via flickr.com.

The article is not a substitute for legal advice. 

            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.

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Year in Review: 2018 Ag Law Developments

Image of White Fence by Zach Stern via flickr.com

This is not a substitute for legal advice.

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

Recent Nuisance Suits Involving Farms Highlight Why Farms Should Understand How a Right-to-Farm Defense Operates

Cover Crop Agriculture in Frederick County, Md.

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

Right-to-Farm Law Does Not Protect Landowner From Nuisance Caused by Septage Lagoons

 

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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

Right-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute

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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

Upcoming Fact Sheet: Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators

 

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Image by Mariano Mantel, flicr.com

 

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