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Articles by Andrew Branan
Agrivoltaics: Weighing solar growth and farmland loss
By Andrew Branan, N.C. State University The emerging conflict between utility-scale solar development and farmland loss has generated growing interest in proving the economic viability of continued agricultural production on landscapes leased for solar use, introducing the neologism agrivoltaics.
How Right-to-Farm Laws Operate to Protect Ag Practices Used by Producers
Right-to-farm laws provide agricultural producers, forestry operations, and aquaculture producers a defense in a nuisance lawsuit under certain circumstances. A 2022 Supreme Court of Mississippi decision highlights how the right-to-farm defense can protect agricultural operations. In this case, two producers began using propane cannon scare guns to prevent deer from eating their cotton and soybean crops during summer.
What Are Right-to-Farm Laws?
Agricultural operations often cause dust and odors which could impact neighbors and bring nuisance claims. All 50 states have a right-to-farm law on the books, providing a nuisance defense for agricultural operations. This defense varies from state to state, but each state’s law operates to provide a defense in situations when a party is claiming the farm is a nuisance. What is a nuisance? A nuisance is a condition or situation impacting another person’s use and enjoyment of property.
Foreign Ownership of Agricultural Land in the United States
Congress enacted the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA) to establish a nationwide scheme for collecting information on foreign investments in U.S. agricultural land. Under AFIDA, certain foreign investors are required to disclose their acquisitions and holdings in farm, ranch, and forestland to the United States Department of Agriculture (USDA).
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