Day in the Life of an Ag Lawyer Podcast Series

Posted on by

Have you ever wondered what career opportunities there are for an agricultural lawyer?  I talk to a lot of high school, college, and law students who are interested in ag law, but aren’t sure what options that might offer.  Because of this, I decided to host a five-part podcast series, “A Day in the Life of an Ag Lawyer.” I recruited friends of mine in various aspects of agricultural law from around the country and asked them questions about what their typical day is like, what their favorite… Read More →

Save the Dates: 2022 Owning Your Piece of Texas & Ranchers Leasing Workshops

Posted on by

We are excited to announce our live program dates for 2022. 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. From landowner liability to eminent domain, special use tax valuation to fence law, we address practical issues in a way that makes them understandable to Texans. I will be joined by several guest speakers who are experts in these areas… Read More →

Case Addresses Easement Access for Landlocked Parcel

Posted on by

The issue of accessing landlocked property in Texas is one on which I get calls at least once a week.  There is a lot of misinformation out there about accessing landlocked property.  A recent case from the Ft. Worth Court of Appeals looked at whether the owner of one parcel had the right to cross two adjacent parcels to reach a public road.  [Read full opinion here.]   Background This case involved a stretch of land in Mansfield, Texas.  In 1999, Mr. Maxey, the owner, divided the property into… Read More →

November 12, 2021 Weekly Round Up

Posted on by

Welcome to another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *PRF (Rainfall Insurance) deadline is December 1 for 2022 sign up.  Did you know you can purchase rainfall insurance?  Essentially, PRF insurance allows you to insure a percentage of normal rainfall for your area, and you trigger a payment if rainfall falls below your insured percentage.  This can be a great risk management tool for livestock producers who have cattle or other livestock on grass. … Read More →

Texas Corn Producers Successful Succession Resources Available!

Posted on by

Earlier this year, Texas Corn Producers asked me to work with them on a really important project.  Successful Succession is focused on providing information and resources for farm and ranch families to plan for the future.  We worked together to create a resource guide and a three-hour video series discussing issues related to estate and succession planning for farm and ranch families.  Thanks to grant funding from the Southern Extension Risk Management Education Center, these resources are available for free on the Texas Corn Producers website. These issues… Read More →

Prescribed Burning Liability Considerations

Posted on by

If you are involved in a prescribed burn in any capacity–a landowner, lessee, Certified & Insured Prescribed Burn Manager, burn boss, assisting with the fire–you need to take time to understand the law related to liability if the burn causes damage or injury. The Texas Legislature recently made changes to the prescribed burning liability statute. Dr. Morgan Treadwell and I recently  published a fact sheet outlining how Texas law works with regard to liability where prescribed burns are involved. To view the fact sheet, click here.

October 22, 2021 Weekly Round Up

Posted on by

Here are some of the ag law stories that have been in the news recently. *HSUS files lawsuit against Smithfield.  The Humane Society of the United States has filed suit against Smithfield Food alleging the company made false claims regarding animal care standards that mislead consumers.  In particular, the lawsuit takes aim at claims related to gestation crates and group housing of sows.  [Read article here.] *Groups object to EPA rule banning chlorpyrifos.  You may recall from this prior blog post that the EPA passed a rule that… Read More →

Trifecta of “Ag Gag” Opinions

Posted on by

Recently, there have been three appellate court opinions related to “ag gag” statutes in states around the country.  Although they differ in detail, “ag gag” statutes essentially make it illegal to gain access to agricultural operations in order to photograph or record agricultural operations without consent.  They target both unauthorized access such as trespass, but also frequently prohibit providing false information, such as on an employment application, to gain access to the facility. Here is a brief summary of those recent decisions.  For a more detailed explanation of… Read More →

Questions from Tiffany’s Desk: What Statutory Protections Apply if Hunters Are Injured on My Land?

Posted on by

Question:  What statutory protections are available as a defense to a landowner if hunters are injured on my land? Answer:  With opening weekend for deer season right around the corner, this is a great and timely question. There are two main statutes that could apply in this situation:  Texas Recreational Use Statute and Texas Agritourism Act.  As you will see, there are many situations, including hunting, where both statutes may be an available defense if someone is injured. Recreational Use Statute The Texas Recreational Use statute provides that a… Read More →

October 8, 2021 Weekly Round Up

Posted on by

It has been a busy week with agricultural law news coming in from across the country!  Let’s get caught up on some of the biggest stories in the news. *Texas federal court dismisses COVID-19 negligence lawsuit against Tyson. The US District Court for the Eastern District of Texas dismissed a lawsuit employees brought against Tyson Foods claiming Tyson was negligent  in the safety measures put in place at their facilities, which caused the plaintiffs to contract COVID-19.  The court found these claims were preempted by the Poultry Products… Read More →