Category Archives: Leases

Correction on Texas Cash Rent Report

In yesterday’s blog, I inadvertently switched the state-wide average for irrigated and non-irrigated cropland.  I have corrected the mistake on the blog, but in order to ensure clarity, the average cash rent prices in Texas are as follows: Pastureland:  $6.50/acre (unchanged from 2013). Non-irrigated cropland:  $27.00 (up from $24.00 in 2013). Irrigated cropland:  $87.00 (up from $82.00 in 2013). I apologize for any confusion.

Texas Cash Rents Report Available Online

The USDA National Agricultural Statistics Service recently published the Texas Cash Rents Report for 2014.  This report is the results of a cash rents survey conducted between February and July 2014. You can access the full report for Texas here. As you can see in the chart below, the average cash rental rates in Texas for 2014 are as follows: Pastureland:  $6.50/acre (unchanged from 2013). Non-irrigated cropland:  $27.00 (up from $24.00 in 2013). Irrigated cropland:  $87.00 (up from $82.00 in 2013). The report also breaks the cash rent… Read More →

Case Illustrates Importance of Detailed Lease Provisions in Case of Drought

The Amarillo Court of Appeals recently considered a case involving an alleged breach of a grazing lease.  Miller v. Durham illustrates the importance of lease agreements addressing what will happen in the event of drought, fire, or other natural disaster that damages the forage available for livestock under the lease.  [Read full opinion here.] Background Mr. Durham owned ranchland in Hale and Lubbock counties.  In January 2010, the Millers entered into a grazing lease agreement with Mr. Durham to lease 889 acres that was to last from January 1, 2010, to December 31,… Read More →

Average Land Rent Prices in Texas

*This article is not a substitute for the advice of an attorney.* During the leasing presentations that I’ve given in the past year, I have been frequently asked what a landowner should charge when leasing his or her land.  Even though I jokingly tell people that I can’t help them because they did not teach me that in law school, I have done some research and wanted to share some useful resources and information. First, I would recommend that any landowner seeking to determine what to charge to talk to the County Extension… Read More →

Texas Hunting Lease Checklist Available

Last week I completed a Texas Hunting Lease Checklist to provide landowners and hunters a list of some terms to consider when negotiating hunting leases. The checklist has been published by Texas A&M and is now available for free in the Agrilife Bookstore. In order to obtain a copy, click here.  This will take you to the Texas A&M Agrilife Extension Bookstore.  From there, just click “add to cart” and then “proceed to checkout.”  You will be asked to enter your contact information, but you will see that there… Read More →

Texas Grazing Lease Checklist Available

In the past year, I have given over 20 presentations on grazing leases to over 1,100 folks, mostly Texas landowners and producers.  It is clear that leasing is an important issue in Texas! In light of that, I prepared a checklist of terms for parties to consider when negotiating or drafting a grazing lease.  I am excited to announce that the publication is now officially available online…..for free! In order to obtain a copy, click here.  This will take you to the Texas A&M Agrilife Extension Bookstore.  From there, just click “add to… Read More →

March 7, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* Here are a look at some of the ag law stories making news this first week of March. *United States Sides with Texas in Water Dispute against New Mexico, Seeks to Join Suit.  Last week, the Solicitor General, on behalf of the United States, filed a Motion for Leave to Intervene as a Plaintiff in the Supreme Court case pitting Texas against New Mexico in a battle over water in the Rio Grande.  The Solicitor General echoed the… Read More →

Farm and Ranch Lease Webinar

On March 13, I will be presenting at a webinar along with New York City agricultural law attorney Cari Rincker (a Texas A&M alum) on farm and ranch leases.  Cari and I will discuss the basic law surrounding leases and will provide numerous practical considerations for ag law attorneys to consider when negotiating and drafting leases.  The webinar will be from 1:00 – 2:30 CST.  For more details on the webinar, click here. The webinar is co-sponsored by the American Agricultural Law Association and the National Agricultural Law Center.  It… Read More →

Beyond a Handshake: The Importance of Written Leases

**This article is not a substitute for the advice of an attorney.** I wrote an article for the November issue of the Progressive Cattleman Magazine discussing the importance of having leases in writing. Although ranchers are notorious for historically making verbal agreements based upon a person’s word and handshake, it is important that lease agreements be reduced to writing to protect both parties.  The article outlines some of the most important terms and considerations to think about when drafting grazing leases and bull leases, including the length of… Read More →

September 6, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Yesterday I attended the 40th Annual Sheep and Goat Field Day in San Angelo, Texas.  It was a great turn out and a great program.  Welcome to the new followers who attended the Field Day. Here’s a look at some of the ag law-related stories making news this week. *  New York’s highest appellate court will decide whether municipalities have the right to ban fracking.  In New York, the regulation of oil and gas production is… Read More →