Texas Oil & Gas Law: When 1/2 of 1/8 Not Equal 1/16

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The Texas Supreme Court recently issued a ruling in Van Dyke v. The Navigator Group, an interesting case involving the use of double fractions in historic oil and gas documents.  [Read Opinion here.]  As the Court noted to open its opinion, “Only in a legal context could the formula ‘one-half of one-eighth’ mean anything other than one-sixteenth.” Background In 1924, the Mulkeys conveyed their ranch and the underlying minerals to White & Tom with the following reservation: It is understood and agreed that one-half of one-eighth of all minerals… Read More →

February 24, 2023 Weekly Round Up

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We’ve reached the last Friday in February.  Here are some of the biggest stories in the news this week. *San Antonio Court of Appeals dismisses PETA lawsuit for lack of standing.  A recent San Antonio Court of Appeals decision in PETA v. Bandera Wranglers dismissed PETA’s challenge to a hog catching contest in Bandera, Texas.  Specifically, the court found that Texas did not recognize organizational standing and that the individual member who was also named as a plaintiff also failed to show standing as she offered only hypothetical concerns… Read More →

Survey of Texas Agricultural Producers and Landowners Results

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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 →

February 17, 2023 Weekly Round Up

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We’re back with another collection of ag law stories in the news over the past couple of weeks. *Over the counter antibiotics will require prescription starting in June.  Texas A&M AgriLife Extension recently published an article looking at changes coming to how producers can buy certain antibiotics for livestock.  Starting on June 11, medically important antimicrobial drugs will require a prescription for purchase.  The article includes a list of products that will be affected by this new rule including penicillin, oxytetracycline, and more.  Experts advise producers should take the… Read More →

Case Addresses Dedication of Public Roads

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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 →

Does Lender Have PMSI in Harvested Crop When Funds Purchased Seed & Chemical?

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An Amarillo Court of Appeals decision in Agrifund, LLC v. First State Bank of Shallowater, addressed an interesting question of whether a lender has a purchase money security interest in a harvested crop when the funds were used to purchase seed and chemical to grow the crop.  [Read Opinion here.] Background In 2017, the Garys borrowed money from Agrifund to finance their farming operation.  They received extensions of credit under a number of promissory notes with the final note executed in December 2017.  Payment of the final note included… Read More →

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

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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 →

January 27, 2023 Weekly Round Up

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The year started out with a bang and has not slowed down yet!  Here are some of the ag law stories in the news over the past couple of weeks. *USFWS extends effective date for lesser prairie chicken listing.  The USFWS is delaying the effective date of the lesser prairie chicken listing for 60 days until March 27, 2023.  [Read article here.] *APHIS proposes electronic identification rule for certain cattle crossing state lines.  The USDA Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would… Read More →

Case Illustrates Importance of Farm Leases Being in Writing

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We have another reminder of the importance of putting agricultural leases in writing.  This one comes from the Texarkana Court of Appeals in Coniglio v. Woods. [Read opinion here.] Background Candido John Coniglio, Sr. (“Senior”) owned a 5,100 acre farm in Fannin County which was managed by his son, Candido John Coniglio, Jr. (“Junior”). Michael Woods owned the adjacent farm. Woods hired workers to cut hay on his property.  Senior agreed to allow Woods to cut and bale 107 acres of hay on Senior’s property in exchange for giving… Read More →

Custom Harvest Agreement Checklist

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One common way that cattle producers enter into the direct beef sales world is by selling a live calf to the consumer and then delivering the calf to a custom processing facility where it will be processed.  As we discuss in detail in our “Where’s the Beef? Legal & Economic Considerations for Direct Beef Sales,” this approach can be attractive to producers as it allows them to avoid many of the additional requirements that come when selling beef, as opposed to selling the live animal. For example, if… Read More →