Texas Agriculture Code Chapter 251 protects farms operating one year or longer from nuisance suits based on changed surrounding conditions. The state shield applies in Dallas but mostly affects edge-of-city agricultural parcels.
Texas Agriculture Code Chapter 251, the Right to Farm Act, shields agricultural operations that have run substantially the same way for at least one year from nuisance lawsuits arising from changed conditions in the area. The protection covers commercial farms, ranches, dairies, feedlots, orchards, and confined-animal facilities. A farm that was lawful when established cannot become a nuisance because new homes or businesses moved nearby. The 2023 amendments under HB 1750 strengthened the shield by requiring losing plaintiffs to pay defendant attorney fees and capping damages. The Act applies citywide in Dallas but rarely matters because most Dallas land is zoned for residential, commercial, or industrial use rather than agriculture.
Plaintiffs who lose nuisance suits against protected farms must pay defendant attorney fees and litigation costs under Tex. Agric. Code 251.004(d). Farms forfeit the shield if they violate environmental laws, run negligently, or substantially change operations.
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