#righttofarmlaw

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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.

Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Frequently Asked Questions: Paul, My Farm Dog Barks a Lot and the Neighbors Complain

Paul Goeringer

Mar 31, 2020
3 min

Frequently Asked Questions: Paul, My Farm Dog Barks a Lot and the Neighbors Complain

This is not a substitute for legal advice. See here for the site’s reposting policy. I have gotten a few questions involving farm dogs here lately and thought I would take a moment to provide information here on the issues. If you have livestock, you may have a dog to scares away predators that might injure or kill the livestock. This dog may bark throughout the night, which may cause an issue for your neighbors. And although your neighbors may find this a nuisance, many Mar

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Paul Goeringer

Jan 7, 2020
5 min

Top Developments in Ag Law in 2019

The article is not a substitute for legal advice. See here for the site’s reposting policy. With 2019 about over and 2020 about to start, I want to take a minute to look back at the top legal developments impacting agriculture in 2019. A few of these legal developments may seem like repeats from my 2018 update; click here to see. Moving into 2020, new issues will emerge as continued lawsuits involving pesticides, continued implementation of the 2018 Farm Bill, and possible

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

Paul Goeringer

Dec 3, 2019
4 min

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

The article is not a substitute for legal advice. See here for the site’s reposting policy. The New South Wales (NSW) Parliament has passed a bill 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 resulting in released livestock. Trespass penalties increase to a possible three-year jail term for trespassers. Wi

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

Paul Goeringer

Oct 1, 2019
2 min

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

The article is not a substitute for legal advice. See here for the site’s reposting policy. 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

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CourtFinds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutional

Paul Goeringer

May 21, 2019
4 min

CourtFinds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutional

The article is not a substitute for legal advice. See here for the site’s reposting policy. 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 involv

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