Texas Porch

Right to Farm

Texas protects existing farm and ranch operations from nuisance lawsuits

If you move near an existing farm or ranch in Midland County, Texas law limits your ability to sue that operation as a nuisance.

Texas Agriculture Code Chapter 251 says that an agricultural operation that has been lawfully in operation and substantially unchanged for one year or more before a lawsuit is filed cannot be called a nuisance just because someone moved next door. This matters in Midland County, where suburban growth sometimes edges into areas that have long had ranching, feedlots, or oilfield-related agriculture.

The law does not protect operations that are negligent or that violate other regulations. But if you buy a home near an existing cattle operation and then object to the smell or noise, state law generally sides with the farm. Look up the statute at statutes.capitol.texas.gov.

Source to confirm: Texas Agriculture Code Chapter 251 — Right to Farm

More Midland County notes