Ag Law in the Field Podcast

I am very excited to announce my newest project, a podcast discussing agricultural law titled, “Ag Law in the Field.” What the heck is a podcast?  Well, it’s sort of like a radio show that you can listen to on your phone or computer, rather than on the radio.  Each week, I will interview a guest about an agricultural law topic.  We’ll cover it all…in just our first few episodes we are talking “Waters of the United States,” advice for folks considering law school, family, and divorce law… Read More →

April 21, 2017 Weekly Round Up

It has been quite a busy few weeks around here, I apologize for the lack of round up posts.  Towards the end of March, I did an online presentation for folks out in Culberson County and then made my way to two great conferences, the Four States Forage Conference in Texarkana and the Texas & Southwest Cattle Raisers Association Convention in San Antonio.  So far in April, I’ve been burning up the road and made trips to an extension program in Snyder and a wonderful inaugural Women in… Read More →

Eminent Domain White Paper Published by TAMU School of Law

Students at the Texas A&M University School of Law recently published a white paper offering a survey of eminent domain laws in Texas and around the country.  This document, “A Survey of Eminent Domain Law in Texas and the Nation” was prepared by the students and presented to members of the Texas Legislature.  It is a very interesting paper, particularly in light of the eminent domain reform bills currently working their way through the Texas Legislature. It is a very interesting paper, particularly in light of the eminent… Read More →

Texas Fence Law Webinar – Recording Posted

For those of you who may have missed the Texas Fence Law webinar hosted a couple of weeks ago by the Texas and Southwestern Cattle Raisers Association, we’ve got you covered!  Stacy Fox was kind enough to record the presentation given by Jim Bradbury and me and it may be viewed by clicking here. I’d like to thank Stacy, Tim, and everyone at TSCRA for hosting this webinar and for their interest in our fence law book, Five Strands: A Landowner’s Guide to Fence Law in Texas To… Read More →

Questions from Tiffany’s Desk: What can I do to stop my neighbor from spraying my property?

Question:  What can I do to stop my neighbor or a crop duster from spraying my property? Answer:  Unfortunately, applications of various pesticides can result in drift and damage neighboring property owners.  In the event this happens, it is important for a neighbor to know what steps may be available to remedy the situation. First and foremost, the neighbor who is suffering drift should document any evidence, including taking photographs or samples of damaged crops or foliage, documenting wind speed, direction, temperature, and getting statements from any witnesses… Read More →

Tenth Circuit Holds Endangered Species Act Applies to Purely Intrastate Animals

The United States Court of Appeals for the Tenth Circuit has reversed a lower court decision and held that the Endangered Species Act is applicable to the Utah prairie dog, despite the animal being found only within the State of Utah.  Obviously, this decision is disappointing for landowners and private property advocates. The Endangered Species Act Passed in 1973, the ESA seeks to conserve endangered and threatened species of plants and animals and the ecosystems on which they depend.  Under the Act, species may be listed as either… Read More →

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part II)

If you missed Part I of this series, click here. Whether you intend to plant Enlist Duo or XtendFlex cotton or soybeans or not, the issue of physical drift is important to all of us involved in agriculture.  For producers who do elect to utilize these crop systems, it is critical to ensure that applications are made with the utmost care to avoid any drift or inadvertent application issues.  For neighboring landowners who are not planting the new seeds, understanding their rights is also important. For Both producers… Read More →

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part I)

You’ve probably seen a lot of talk about Dicamba and 2,4-D in the news lately, particularly if you’re involved in agriculture.  I’ve gotten some questions recently about what’s going on with these herbicides and why this is such a major issue now.  This two-part series will provide an overview of the need for new herbicide options, the new cotton and soybean traits that have been developed, some concerns and drift issues that have arisen, and what producers can do to protect themselves. The Need for New Herbicide Options… Read More →

March 24, 2017 Weekly Round Up

This has been a whirlwind of a week.  On Monday, I was in Tyler speaking at the Texas State Resource Conservation and Development Councils State Meeting, on Wednesday evening, Jim Bradbury, Kyle Weldon, & I conducted a webinar on fence law for the Texas & Southwestern Cattle Raisers Association, and on Thursday morning, I guest lectured via Skype for the Contemporary Issues in Ag course at Mississippi State University.  To those of you joining us from each of these programs, welcome! Here are some ag law stories in… Read More →

Five Strands: A Landowner’s Guide to Fence Law in Texas

Is a landowner liable of his cattle get out and are hit on the road?  Can I make my neighbor chip in and and pay for repairs to our shared boundary fence?  What do I do when someone else’s cattle are on my land?  What can I do about my neighbor’s tree limbs hanging over the fence and onto my property? These are the types of questions that Jim Bradbury, Kyle Weldon, and I set out to answer in our most recent publication, “Five Strands: A Landowner’s Guide… Read More →