December 15, 2023 Weekly Round Up

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Here we are with our final Weekly Round Up of the year.  Thank you so much for reading! *Defendants file counterclaims in show goat lawsuit.  One of our most popular posts of the year was discussing a lawsuit involving a show goat in California.  [Read post here.]  Recently, two defendants have filed a countersuit against the goat owners.  [Read Answer & Counterclaim here.  Specifically, the CEO and the Superintendent of the livestock show filed five counter claims.  Essentially, they allege that Jessica (the mother of the goat exhibitor)… Read More →

Renew Your Ag Timber Number Now!

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Texas producers who have a valid agricultural and timber registration number for sales tax exemptions must renew those numbers by December 31, 2023. Texas farmers, ranchers, and timber producers are exempt from paying sales taxes on products used in the course of their agricultural or timber production. Qualifying activities include farming, ranching, fiber production, timber production (including contract logging), operating feedlots or fish farms, bee keeping, custom harvesting, crop dusting, growing plants for commercial nurseries, veterinary businesses making farm or ranch calls, FFA or 4-H projects, and those… Read More →

2023 Ag Law Year in Review – National

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I am always amazed when I sit down and look at all of the agricultural law news over the last year.  2023 was no exception, and there was no shortage of news in the ag law realm.  If you prefer to listen rather than read, or want to do both, check out this podcast episode I did with Paul Goeringer recapping the year. Here is my list of the key ag law issues for 2023 across the country. WOTUS Definition Yet again, there was significant movement on the… Read More →

December 8, 2023 Weekly Round Up

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We’ve made it to December!  While many people are slowing down as we head into the holidays, agricultural law is not!  Here are a few stories recently in the news. *US Supreme Court will hear Texas property owners’ takings claims against DOT.  The US Supreme Court has granted the Petition for Certiorari in Devillier v. State of Texas, a case involving a lawsuit by property owners to cover flood damages they claim were caused by a DOT highway project.  [Read Petition here.] *Second marriages and farm transition planning publication… Read More →

Court Sides with Landowner in Fence Law Case Following Collision on Highway

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The First Court of Appeals in Houston recently issued an interesting opinion in Arraby Properties, LLC, v. Brown, a case where a driver collided with a cow on a state highway.  [Read Opinion here.]  The case highlights several important points related to fence law and also includes a dissenting opinion that is likely concerning to both landowners and livestock owners alike. Background Paul Brown was driving home from work when he hit a cow on State Highway 225 in Harris County, Texas.  He was diagnosed with mild cognitive… Read More →

US Court of Appeals Upholds Texas Drone Privacy Law

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The United States Court of Appeals for the Fifth Circuit recently issued an opinion in National Press Photographers Association v. McCraw, a lawsuit challenging the constitutionality of Texas’ drone privacy law.  [Read Opinion here.] Statutory Background In 2013, the Texas Legislature passed the Texas Privacy Act, Chapter 423 of the Texas Government Code (“Chapter 423”).  The purpose of this statute was to regulate the use of drones in Texas airspace.  [To read full summary of the law, click here.]  Essentially, Chapter 423 can be divided into two sections:  the Surveillance… Read More →

A Tofurkey Lawsuit for Thanksgiving Week

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How better to celebrate the week of Thanksgiving than by taking a look at a lawsuit involving tofurkey? In October, Turtle Island Foods (“The Tofurkey Company”) and the Plant Based Foods Association filed and Amended Complaint in a  lawsuit against the State of Texas claiming that the newly enacted Texas meat labeling law is unconstitutional. Turtle Island Foods SPC v. Abbott was filed in the United States District Court for the Western District of Texas. [Read Amended Complaint here.] Do note that this blog post outlines the claims… Read More →

November 17, 2023 Weekly Round Up

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There have been a number of developments in key agricultural law issues around the country over the past couple of weeks.  From the Farm Bill to Right to Farm, WOTUS to water law, we’ll get you up to speed! *Texas voters pass Constitutional right to farm, other Constitutional amendments.  On November 7, Texas voters overwhelmingly passed Proposition 1, which means that Texans now have a right to farming, ranching, timber production, horticulture, and wildlife management in the State Constitution.  [Read more about Prop 1 language here and read… Read More →

Updated Handbooks & Holiday Sale!

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We’ve been working our tails off behind the scenes to get all our handbooks updated to reflect legal changes over the past year.  We’re excited to announce we have those handbooks all up to date and ready for you!  Remember, you can download a free PDF of these handbooks, or we sell hard copies. Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know It’s our award-winning book with a beautiful new cover! This handbook is designed to offer a basic overview of several of the… Read More →

New Fact Sheets

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My student assistant, Karli Kaase, and I have recently published three fact sheets featuring information on which we frequently get questions from landowners.  All are available to download for free. Easements 101 What is an easement?  What different types of easements exist?  What does the law require to recognize various types of easements?  We cover all of these questions and more in our “Easements 101” fact sheet.  Click here to download. Getting End-of-Life Documents in Order Although no one enjoys thinking about death, there are some basic end-of-life… Read More →