Category Archives: Uncategorized

California Lawsuit Challenges Actions Involving Show Goat and Junior Livestock Sale

A California family has filed a lawsuit challenging actions of a county fair association and law enforcement officers after an exhibitor tried to avoid selling her animal at a junior livestock show.  [Read Second Amended Complaint here.] Please note that all of the facts below were taken from the Second Amended Complaint for Damages.  The Defendants have not yet filed a response. Background E.L. (name protected as she is a minor child) owned a goat named Cedar.  She purchased the goat in April 2022 and cared for him… Read More →

Texans to Vote on Right to Farm Constitutional Amendment November 7

*NOTE:  Texas voters overwhelmingly (79%) voted in favor of Proposition 1.* On November 7, 2023, Texas voters will have the opportunity to vote on Proposition 1, which would establish the right to farming, ranching, timber production, and wildlife management into the Texas Constitution.   Background During the 88th Legislative Session, Texas lawmakers passed House Joint Resolution 126 (HJR 126). It is the language from this HJR that Texas voters will cast their ballots for or against in November.  HJR 126 reads as follows:   SECTION 1.  Article I, Texas Constitution,… Read More →

Live Programs Scheduled This Fall

In September, we will be hitting the road to host our final live Ranchers Leasing Workshop, Where’s the Beef Program, and Owning Your Piece of Texas Programs for 2023.  Each of these are award-winning programs that focus on offering practical information to rural landowners and agricultural producers.  We hope you’ll join us! Ranchers Leasing Workshop Our final Ranchers Leasing Workshop for 2023 will be in Decatur on September 13.  This half-day program is focused particularly on grazing and hunting leases.  Topics include why leasing land (as a landowner… Read More →

Transferring the Over-65 or Disabled Property Tax Exemption

Dr. Blake Bennett and I co-authored a fact sheet on an important, but not widely known, concept related to property taxes. Most people are familiar with the over-65 exemption and the disabled exemption for property taxes, which allows for an additional $10,000 homestead exemption for school district taxes.  Additionally, the over-65 exemption and the disabled exemption freeze the value of the homestead for school tax purposes a the dollar value when the person initially claimed this additional exemption on their homestead.   The market value can continue to increase… Read More →

Texas Supreme Court Analyzes Herbicide Drift Case

Last week, the Texas Supreme Court issued an opinion in Helena Chemical Co. v. Cox, a case pitting cotton farmers against an aerial herbicide applicator. [Read opinion here.] Background Plaintiffs grow cotton in Mitchell County, Texas.  They allege that defendant, Helena Chemical Company (“Helena”), supervised aerial application of Sendero, a herbicide primarily used to kill mesquite trees, on the Spade Ranch.  Plaintiffs claim that the Sendero sprayed on the Spade Ranch over several days in 2015 and 2016 drifted and damaged their cotton crops.  They blame this drift for… Read More →

Many Over the Counter Livestock Antibiotics to Require Prescription Starting in June

In January, the Food & Drug Administration (FDA) released specific details on a change to how certain antibiotics for animal use may be purchased.  As of June 11, 2023, a number of veterinary antibiotics considered “medically important antimicrobials” previously sold over the counter will require a veterinary prescription in order to purchase.  Here are answers to some common questions surrounding this new rule. What is the new rule?  The Food and Drug Administration’s CVM GIF #263 makes changes to the availability of certain over the counter antibiotics for… Read More →

Survey of Texas Agricultural Producers and Landowners Results

You may recall this time last year, Dr. Justin Benavidez and I were working hard to get Texas landowners and ag producers to respond to our survey on land ownership.  This project was funded by the Texas Corn Producers.  We were thrilled that nearly 650 people responded.  To those of you included in that number, thank you! Thanks to the data set we had to work with, we were able to catch an interesting glimpse and insight into rural land ownership in Texas.  We are excited to have… Read More →

Case Addresses Dedication of Public Roads

A recent San Antonio Court of Appeals case, Holly v. Newberry Ranches of Texas, offers a good overview of the law surrounding dedication of public roads.  [Read opinion here.] Background The Hollys own 1,500 acres in Val Verde County.  This property was acquired from two deeds, one in 2004 and one in 2005.  Both deeds reference “a county-maintained gravel road” known as Arledge Road.  In 2012, the Hollys protested the inclusion of Arledge Road in the Val Verde County Road map.  As part of that protest, a jury of… Read More →

Save the Dates: Owning Your Piece of Texas & Ranchers Leasing Workshops Back for 2023

Our two award-winning programs will be back on the road for 2023! Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know This one-of-a-kind program offers rural landowners and agricultural producers in Texas an overview of many of the key agricultural law issues that they could face.  The live course allows for great questions-and-answer and discussion with the audiences.  This year, we’re excited to head to Rosenberg, Dripping Springs, and Emory. From landowner liability to eminent domain, special use tax valuation to fence law, we address… Read More →

Egg Pricing Case Going Forward; Petition for Review at Texas Supreme Court

The State of Texas claims that Cal-Maine Foods illegally charged excessive prices for eggs during the Covid-19 pandemic. This is the first case to interpret the Texas Deceptive Trade Practices Act disaster price gouging provision.  The trial court dismissed the case, but the First Court of Appeals in Houston reversed that decision.  [Read Opinion here.]  A Petition for Review is currently pending at the Texas Supreme Court with the State of Texas’ response due February 6, 2023. Factual Background Cal-Maine Foods is the largest producer of shell eggs… Read More →