December 11, 2015 Weekly Round Up

Kay

We have reached another Friday!  This week I was on the road to speak at the Swisher County Ag Day on the top legal developments in 2015.  Thanks to John Vialba and Glenda Gibson for all their hard work to put on a great event and for inviting me to participate.  For those of you interested in that topic, stay tuned next week for a blog recapping the year in ag law!  To those of you joining the blog from the Swisher County Ag Day, welcome! Here are… Read More →

2015 Cash Rent Statistics Available

Marca Chopper

As they do each year, the USDA National Agriculture Statistics Service (“NASS”) has published the cash rent statistics for 2015.  The results are obtained by a survey of farmers conducted by NASS. Nationwide, the survey results are as follows: Pastureland: $14/acre (up $2.00 from 2014) Non-irrigated cropland: $133/acre (up $3.00 from 2014) Irrigated cropland: $209/acre (up $1.00 from 2014)   For Texas, the survey results are as follows: Pastureland:  $7.50/acre (up $1.00 from 2014) Non-irrigated cropland:  $29.00 (up $2.00 from 2014) Irrigated cropland:  $82.00 (down $5.00 from 2014)… Read More →

December 4, 2016 Weekly Round Up

Kay

I have enjoyed being back on the road for several programs over the last couple of weeks.  I enjoyed the chance to speak at the New Mexico Farm and Livestock Bureau meeting in Albuquerque, discussing undercover video investigations.  Next, I sat on a panel at the Amarillo Farm and Ranch Show and fielded questions about laws related to prescribed burning and drone use.  Finally, yesterday I was in Wichita Falls presenting on grazing leases at the Cattle Trails Cow-Calf Conference.  Welcome to those of you who are new… Read More →

Questions from Tiffany’s Desk: Who Is Required to Maintain an Easement?

39658_1519412219046_6706225_n

Question:  I own property in Texas.  I previously granted a roadway easement to my neighbor so he can access his property to the west.  Who is required to maintain the easement, including both keeping up the roadway and mowing the grass and trimming the trees along the road? Answer: The first step in answering this question is to look at the terms of the easement itself if it is a written easement.  If there are any contractual terms in the easement agreement describing who is responsible for maintenance,… Read More →

ABA Blawg 100 Honoree

2015

For the second year in a row, the Texas Agriculture Law Blog was named a top 100 legal blog (“Blawg 100”) by the American Bar Association. According to the ABA, “for us, at the ABA Journal, this isn’t just another award. We view our annual list as service to our readers, pointing them to a collection of some of the very best legal writing and commentary on the Web. Yes, we hope those selected are proud of it. But we also hope that our readers will recognize the… Read More →

Cow v. Car: Could you be liable?

calf 2

Earlier this year, I wrote an article for Progressive Cattleman addressing the question of whether a livestock owner could face liability is his or her animals got onto the roadway and were hit by a motorist.  As with most legal questions, the answer is “it depends.”  To read my article, click here. For more information about the Texas law on this topic, check out a prior blog series I did on fencing laws.  You can find Part 1 here and Part 2 here.    

Farm Labor and I-9 Compliance

Immigration is an extremely  hot topic in the news right now, and frankly a political issue I don’t want to touch with a 10 foot pole!   However, it is legally required for all employers, including all agricultural operations–be these large agribusinesses or small family farms–with at least one employee to comply with the form I-9 requirements.  I recently published a fact sheet discussing the requirements for employers with regard to I-9.  To access the fact sheet, just click here.  

September and October Round Up (Part 2)

Today we continue our recap of important ag law stories that made the news in September and October.  If you missed Part 1 of this series, click here. Court of appeals affirms dismissal of nuisance suit against oil and gas company.  Landowners who filed a nuisance suit against Marathon Oil for odors, fumes, and dust related to oil production near their home were defeated in the San Antonio Court of Appeals earlier this month.  The Court held that the plaintiffs failed to prove causation between Marathon’s oil and gas production… Read More →

September & October Round Up (Part 1)

shawna

Hello!  I am back in the saddle again after spending some time on maternity leave.  Thank you all so much for your kind wishes for our little family. During middle of the night feedings, I’ve managed to stay up to date on what’s been happening in the ag law world.  Here are some of the top stories from the last two months. WOTUS rule stayed nationwide, cases will not be consolidated.  As you previously read, the United States Court of Appeal for the Sixth Circuit has issued a… Read More →

Court Vacates Lesser Prairie Chicken Listing Under Endangered Species Act

1395069_10200902914282943_1621645711_n

In September, the United States District Court for the Western District of Texas has found that the US Fish and Wildlife Service (“USFWS”) acted improperly in finding the lesser prairie chicken met the requirements to be listed as threatened under the Endangered Species Act.  The court, therefore, vacated the bird’s listing under the Act.  [Read full opinion here.] Endangered Species Act Background The Endangered Species Act (“ESA”) seeks to offer legal protection to species facing extinction by prohibiting a “take” of animals subject to the Act’s protection.  “Take” is… Read More →