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

Court of Appeals Finds State’s Right-to-Farm Law is Unconstitutional As Applied

 

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Source USGS via Wikicommons

 

This post is not legal advice.

All fifty states have some version of a right-to-farm law that provides defenses to agricultural producers for lawsuits they are committing a nuisance in his/her operations. In November 2016, the Court of Appeals of Iowa upholds a lower court’s ruling that Iowa’s right-to-farm law is unconstitutional as applied to a neighbor claiming a neighboring hog farm is a nuisance and awarding damages to the neighbor. For those unaware, finding a state’s right-to-law unconstitutional as applied to a neighbor is a unique to Iowa. Iowa’s courts have found the state’s right-to-farm law is unconstitutional when applied to neighbors there first. At this point, no states have followed Iowa’s lead and found their state’s right-to-farm laws unconstitutional as applied to neighbors there first. Continue reading