Monthly Archives: July 2017

College Prep: Draft Power of Attorneys and HIPAA Release Forms

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When a parent prepares to ship a kid off to college, they often think about tuition, the safety of the dorm, and making sure oil is changed in the kid’s vehicle before they leave.  A critical item that is often left off the college to do list is having three key legal documents in place:  power of attorney, medical power of attorney, and a HIPAA disclosure authorization. Once children reach 18 years of age, their parents are no longer able to automatically make medical or financial decisions on… Read More →

July 28, 2017 Weekly Round Up

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It’s the last Friday in July!  I hope everyone is staying cool during this summer heat.  Last week, I did a presentation via distance technology to the Texas Sheep and Goat Raisers Association meeting in Kerrville.  Welcome to those of you joining who attended the livestock guardian dog session! Here are a few ag law stories in the news.  As you will see, two of these items are frequent fliers on the Weekly Round Up! *USCIS issues new form I-9, mandatory September 18.  The US Customs and Immigration… Read More →

FREE Ag Leasing Workshops Scheduled Around Texas

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Kay Ledbetter with TAMU Agrilife Communications recently wrote an article highlighting our upcoming Ranchers Leasing Workshop series.  We are excited about the chance to expand the reach of these workshops and really hope to see you there!  Feel free to contact me with any questions at all or to RSVP. Agricultural leases to be covered by AgriLife Extension in four workshops “After such a positive response last year, four new Rancher Leasing Workshops covering grazing, hunting and livestock leases are scheduled across the state by the Texas A&M… Read More →

Overview of Amendments to Use of Unmanned Aircraft Statute

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The 85th Legislative Session brought an amendment to the law related to use of unmanned aircraft in Texas.  Importantly for agriculture, the amendment adds confined animal feeding operations (“CAFOs”) to the list of “critical infrastructure” facilities to which additional flight limitations apply for many drone operators.  The amendment will go into effect on September 1, 2017. This post will review, in detail, the current Use of Unmanned Aircraft statute and discuss the most recent amendment.  For those of you not concerned with the specific details, the “Take Away… Read More →

Business Entity Selection Series: 4 – Limited Partnership

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Today we continue on in our Business Entity Selection Series.  If you missed any prior posts, click here. What is a limited partnership?  Texas law defines a limited partnership as a partnership having one or more general partners and one or more limited partners.  See Texas Business Organizations Code Section 1.002(50).  General partners may participate in the control of the business but are not given any limited liability.  On the other hand, a limited partner is afforded limited liability, but may not participate in the control of the… Read More →

July 14, 2017 Weekly Round Up

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I hope everyone is staying cool this summer!  Here are some of the ag law stories in the news this week. *Preparing to successfully transition the farm or ranch to the next generation.  For many farm and ranch families, the goal is to keep the farm involved in agriculture and in the hands of the family for generations to come.  This week, I had my friend Shannon Ferrell on the podcast to discuss farm and ranch transition planning.  This is a topic that affects every single farm and… Read More →

Federal Court Holds Utah’s “Ag Gag” Statute Unconstitutional

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For the second time, a federal court judge has held a state “ag gag” statute unconstitutional.  Previously, an Idaho statute was deemed unconstitutional and this decision remains on appeal at the Ninth Circuit Court of Appeals.  This time, the decision came from Judge Robert J. Shelby in the United States District Court for the District of Utah. Background In the 1990’s, laws criminalizing entering an animal facility and filming without consent were outlawed by statutes in Kansas, Montana, and North Dakota.  No one was prosecuted under these statutes… Read More →

July 7, 2017 Weekly Round Up

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Amazingly enough, I stayed put here in Amarillo this week catching up on writing and podcast recording here at the office.  Here are some of the ag law stories in the news this week. * Arkansas will ban Dicamba use for 120 days.  Following an increase in the number of pesticide drift involving the application of Dicamba in Arkansas, the Arkansas State Plant Board voted to impose a 120-day ban on the application of the dicamba “Engenia” formation in the state.  In January 2017, Xtendimax dicamba technology was banned… Read More →

US Supreme Court Talks Regulatory Takings in Murr v. Wisconsin

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The United States Supreme Court issued a decision in Murr v. Wisconsin last week, siding with the state and holding that two lots adjacent to a river should be considered as one parcel for takings analysis.  Perhaps more relevant than the actual holding in the case is the discussion that the court engaged in related to regulatory takings analysis generally. Background The Murr siblings own two 1.25-acre waterfront lots on Lake St. Croix in Wisconsin.  The first lot, Lot F, was purchased in 1960 by the Murr parents, and… Read More →