February 12, 2016 Weekly Round Up

SAEA

I kicked off the week at the Southern Agricultural Economics Association meetings in San Antonio.  Fellow ag lawyers Paul Goeringer, Ashley Ellixon, and I presented on undercover videos and private property rights at the meeting.  We enjoyed some great discussion from attendees about a variety of issues facing agriculture! * Big Data: Big Potential, Big Problems.  Big data has been a hot topic of conversation in agriculture for the last couple of years.  [Read prior Big Data blog series here.]  As we see more and more data collection… Read More →

Just in Time for Valentine’s Day: Do Farm Kids Need a Pre-Nup?

wedding rings

Valentine’s Day is right around the corner (Sunday for those of you who are now in a panic realizing you have some shopping to do) and I thought that a nice romantic discussion about prenuptial agreements would be a fitting way to celebrate the holiday. Oftentimes, people think of prenups being for rich celebrities with millions of dollars in the bank and marriages that seem destined to fail.  The sad truth, however, is that divorce can strike farm couples just like any other and when that happens, it can… Read More →

February 5, 2016 Weekly Round Up

Marca - Equipment

Yesterday I enjoyed the chance to attend and present the keynote address at the High Plains Irrigation Conference in Amarillo.  Thanks to Dr. Dana Porter for the invitation and welcome to those of you new to the blog from the conference. It was a rather slow week in the agricultural law realm, but here are a few stories in the news recently. * Oil and Gas Leasing Program Set for College Station.  Shannon Ferrell and I will be putting on a FREE oil and gas leasing workshop in College… Read More →

Texas Agritourism Act

As was briefly mentioned in this prior legislative recap post, Texas now has a new statute offering liability protection for agritourism operations.  The Act, carried as SB 610 and now codified as Texas Civil Practice and Remedies Code Chapter 75A, offers important protections of which landowners need to be aware.   The statute provides that an “agritourism entity” is not liable to any person for injury or damages to an “agritourism participant” if: (1) the required signage is posted; or (2) a written agreement containing required language is obtained. Let’s… Read More →

January 29, 2016 Weekly Round Up

Baracho

Happy Friday!  Last week I made the drive to Muncy, Texas for the Caprock Crops Production Conference to chat about hot topics in agricultural law.  There was a great turn out and excellent questions, which always makes a presentation more fun.  Kudos to county extension agents Caitlyn Jackson and Cristen Brooks on a great conference.  To those of you joining the blog, welcome! Here are some ag law stories in the news this week. * Texas database to identify entities with eminent domain power.  Last term, the Texas… Read More →

Drones & Privacy (Part II): Texas Privacy Act

Kay

Today we continue with Part II of our Drones and Privacy series by reviewing the Texas Privacy Act.  If you missed Part I, click here. In the absence of federal regulations regarding drones and privacy, states have been left to draft their own legislation.  Thus far, only about 13 states have drone privacy laws on the books.  Texas passed its own law, the Texas Privacy Act (Texas Government Code 423), in 2013.   [View full statute here.]  According to the bill’s sponsor, Lance Gooden, the bill was passed… Read More →

January 22, 2016 Weekly Round Up

_MG_9847

We’ve survived another week!  This was not a particularly busy week for ag law, with the exception of the WOTUS issue, where the drama moved to the White House and only continues.  Check it out. * US Congress Passes Joint Resolution to Nullify EPA’s New WOTUS Rule, Obama Vetoes.  The House and Senate passed a Joint Resolution stating that the EPA/Corps of Engineers new regulation defining “waters of the United States” “shall have no force or effect.”  This would essentially maintain the status quo regarding the WOTUS definition… Read More →

Drones & Privacy (Part I): Potential Common Law Claims

Dont Shoot Drones

Drones are a hot topic in many circles, including the agricultural industry.  However, as often happens, the law has fallen behind the technology leading many people to question (or incorrectly assume they understand) how private property rights and the use of commercial drones will co-exist.  This blog series will focus on the law potentially applicable in situations where drones fly over the property of another without permission. Today, we will focus on two potential common law claims, trespass and nuisance.  The second post will focus on the Texas… Read More →

January 15, 2016 Weekly Round Up

Drill pad Bryan 2

This week I made the drive to Lubbock to speak at the “Seeking Solutions” extension meeting.  It was a great program and I really enjoyed the opportunity to visit with producers about agricultural law.  To those of you joining the blog from that event, welcome!  Here are some ag law stories in the news this week. * What You Need To Know About Selling Your Oil and Gas Interests.  Texas attorney Aimee Hess recently wrote a great blog post discussing the sale of mineral interests.  She offers some… Read More →

Veterinary Feed Directive – What You Need To Know

pig becky

Major changes to how producers can purchase many medicated feeds are on the way under the new Veterinary Feed Directive rule, passed by the FDA.  Three significant changes are coming: (1) many drug labels are currently being modified by limiting the drug’s use to therapeutic, rather than production uses; (2) all “medically important” antimicrobial drugs used in feed will no longer be “over the counter”; and (3) a veterinarian must complete a VFD form before a producer can purchase certain medicated feeds that fall under the definition. I… Read More →