Monthly Archives: May 2016

Key Solar Lease Considerations for Landowners

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In the last few months, I have heard from several Texas landowners who have been contacted by solar companies seeking to lease agricultural land for solar projects.  There is surprisingly little information available for landowners considering the pros and cons of entering into a solar lease agreement.  This article outlines some of the key considerations for landowners considering and/or negotiating a solar lease. As always, I highly recommend that landowners consult an experienced attorney to review any lease agreement before it is signed.  As Stamford, Texas attorney James… Read More →

May 27, 2016 Weekly Round Up

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It has been a busy couple of weeks around here, sorry for the delay in Weekly Round Up posts!  Recently, Atascoca County Extension Agent, Dale Rankin, had me present online to a couple of different extension meetings in south Texas.  Next up, I traveled to Austin to attend the Stiles Farm Legislative Field Day.  There were a number of legislators and their staffers at this event, where we were able to showcase and educate about agriculture and issues important to the industry.  Kudos to Ryan Collett and his team for… Read More →

Extension Fact Sheet: Child Labor Law & Agriculture

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I recently published an Extension Fact Sheet on the subject of child labor laws and agriculture.  This is a complex topic and one of which many producers need to be aware.  To download a copy of the fact sheet, click here.

Pesticide Drift Liability (Part 3): Practical Advice for Farmers & Ranchers Using Pesticides

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Today we will conclude our three part series on pesticide drift liability.  In case you missed them, Part 1 focused on potential legal claims that could be made against a landowner and Part 2 looked at whether a landowner could be liable for the acts of an independent contractor.  This post will wrap things up with some practical advice for those landowners who spray pesticides as part of their farming or ranching practices. Use common sense when spraying. Using simple common sense can avoid numerous issues when it… Read More →

Upcoming Leasing Workshops Hosted by Agrilife Extension

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Writer: Kay Ledbetter, 806-677-5608, skledbetter@ag.tamu.edu Contact: Tiffany Dowell Lashmet, 806-677-5668, tiffany.dowelllashmet@ag.tamu.edu AMARILLO – Three Rancher Leasing Workshops covering grazing, hunting and livestock leases will be held in June in Stillwater, Oklahoma, Fort Worth and Amarillo. The free workshops will be hosted by Texas A&M AgriLife Extension Service and funded by the Southern Extension Risk Management Education Center, said Tiffany Dowell Lashmet, AgriLife Extension agricultural law specialist in Amarillo. “Although leasing of land for grazing and hunting, as well as leasing of livestock, is prevalent across Texas, Oklahoma and… Read More →

Pesticide Drift Liability (Part 2): Landowner Liability for Independent Contractor

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In Part 1 of this series, we focused on potential legal claims that could be brought against a landowner if spray drift occurred.  An important related question exists for any farmer or rancher who uses independent contractors, like an aerial applicator for example, to apply the pesticides.  Can the landowner be liable for the acts of his independent contractor?  This is a critical question that has not yet been answered by the Texas Supreme Court.   What is an independent contractor? The starting place for any discussion of… Read More →

Pesticide Drift Liability (Part 1): Potential Legal Theories

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This time of year, questions pop up regarding the potential liability when pesticides drift onto another’s property.  For the next couple of weeks, we will look at various issues regarding spray drift liability.  This series will focus only on civil claims brought between landowners, but it is important to note  the Texas Department of Agriculture enforces rules regarding spraying and can bring administrative action against persons who fail to comply with these regulations.  Producers should always ensure they follow the label instructions and TDA regulations when spraying any pesticide…. Read More →

May 6, 2016 Weekly Round Up

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Welcome to May!  I hope everyone had a great week.  Here are some of the ag law stories in the news. * Suggestions offered in review of Texas Railroad Commission.  The Sunset Advisory Committee–a legislative body that reviews agencies–has published its report offering suggestions for changes needed at the Texas Railroad Commission.  First off, the committee recommended the agency’s name be changed to the “Texas Energy Resources Commission” to clarify that the agency governs oil, gas, mining and intrastate pipelines, rather than railroads.  The committee also suggested changes… Read More →

Landowner Attorney Discusses Private Property Rights

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If you were not at the 2016 Texas & Southwestern Cattle Raisers Convention, it looks like you missed a great presentation by San Antonio attorney and third-generation rancher, Joseph Fitzsimons.  Fortunately, Colleen Schreiber published a great article recapping the presentation for Livestock Weekly magazine.  With their permission, I am republishing Colleen’s article here. Landowner Attorney Discusses Water Rights At TSCRA Meeting By Colleen Schreiber FORT WORTH — Landowners have won some important legislative and court battles in the property rights arena of late. Third-generation rancher and attorney Joseph… Read More →