A Pig in the Parlor or Food On the Table: Is Texas's Right to Farm Act an Unconstitutional Mechanism to Perpetuate Nuisances Or Sound Public Policy Ensuring Sustainable Growth?

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discuss the history, significance, and application of the principles of constitutional takings and nuisance protection, specifically the "coming to the nuisance" doctrine. From this foundation, Parts IV through VI evaluate the development, purpose, and operation of Right to Farm laws and examine constitutional challenges to Right to Farm laws in states other than Texas. Parts VII and VIII then review Texas Right to Farm jurisprudence and analyze the Texas law in light of the precedent and reasoning of both Texas courts and courts in other states. Finally, Part IX addresses an amendment offered to the Texas Right to Farm law during the Regular Session of the 81st Texas Legislature, assesses the possible benefits and drawbacks related to the amendment, and discusses the broader policy issues associated with the Texas Right to Farm law and balancing urban development and agricultural production into the future.

Description

Keywords

Power of the state over property rights, Principles of nuisance law, Right to Farm laws, Challenges to the Right to Farm laws, Texas' Right to Farm Law, Texas court's application and interpretation of Texas's Right to Farm Law, Validity of Texas's Right to Farm Law, Preserving agriculture under Texas's Right to Farm Act

Citation

Jason Jordan, A Pig in the Parlor or Food On the Table: Is Texas's Right to Farm Act an Unconstitutional Mechanism to Perpetuate Nuisances Or Sound Public Policy Ensuring Sustainable Growth?, 42 Tex. Tech L. Rev. 943 (2009-2010)