Monthly Archives: August 2017

Prescribed Burning: Liability & Insurance Considerations

Posted on by

My friend and colleague, Dr. Morgan Russell, and I recently published a fact sheet looking at liability and insurance considerations when conducting a prescribed burn. With burning being a popular grassland management technique across Texas, landowners should take the time to understand the law regarding liability in the event a burn gets out of control and causes damage, to carefully review and comply with Texas’ limited liability statute for prescribed burning, and ensure they have adequate insurance coverage in case the worst does occur.  This fact sheet walks landowners… Read More →

New Rules for Agricultural Product Purchase Contracts

Posted on by

The Texas Legislature passed a new bill, the Producer Protection Act, effective September 1, that changes rules for purchase contracts for agricultural products.  The bill was sponsored by Representative Dustin Burrows and Senator Charles Perry.  It was signed by Governor Abbott on June 15, 2017 and takes effect September 1, 2017. Essentially, the new legislation does two things.  First, it requires a contract to state whether it is an acreage or quantity contract.  Second, it imposes limitations on lawsuits filed against producers using acreage contracts.  [Read full bill here.]… Read More →

August 18, 2017 Weekly Round Up

Posted on by

Last week I was in College Station to speak at the TAMU Beef Cattle Short Course.  Our session, titled “Ask an Ag Lawyer” featured Jim Bradbury, James Decker, Kyle Weldon, and myself and was quite a hit.  We recorded a podcast summarizing the session and sharing our favorite questions.  If you are interested in listing to that, click here.  A big thanks to Dr. Jason Cleere and his team for putting on such a wonderful event. Here are some of the ag law stories in the news this… Read More →

Duarte v. Corps of Engineers: California Wheat Farmer Settles Clean Water Act Lawsuit

Posted on by

This week, it was announced that the parties have reached a settlement agreement in the Duarte Nursery v. Army Corps of Engineers.  This case has been a high-profile concern for landowners and agricultural producers across the United States. Background In 2012, Duarte Nursery purchased 450 acres land in Tehama County, California with the intent to farm the land, initially by sowing winter wheat.  The property, north of Sacramento, consists of rolling grassland.  Prior to 1988, the land had been farmed, but from 1988 until the Duarte purchased in 2012, the land… Read More →

WOTUS: Where Are We Now?

Posted on by

For years now, agriculture has been closely following the drama surrounding the definition of “Waters of the United States,” commonly referred to as WOTUS.  With a new administration in place, changes have recently occurred in Washington, DC on this issue. Background The Clean Water Act, passed in 1972, gave federal jurisdiction to the Environmental Protection Agency (EPA) and Army Corps of Engineers (COE) over “waters of the United States.”  Essentially, a person who wishes to do certain activities in a water of the United States—such as point source… Read More →

USDA Releases Agricultural Land Value Report

Posted on by

The USDA National Agricultural Statistics Service released its annual report on agricultural land values across the United States.  To view the full report, click here.  This report is generated based on survey results mailed in from landowners across the United States. Definitions A few key definitions are important to keep in mind.  First, a “farm” is any establishment where at least $1,000 in agricultural products were or normally would be sold during the year.  So, clearly, this is an extremely broad definition.  Second, “farm real estate value” is the… Read More →

2017 State Cash Lease Results Published

Posted on by

The USDA National Agriculture Statistics Service recently published the results for their nationwide cash lease survey.  The results are broken down by state and are drawn from producer/landowner survey responses collected earlier this year.  Importantly, while these statistics can offer a ballpark idea, keep in mind that lease rates are dependent on a number of facts like fence quality, pasture quality, livestock markets, etc.  Visiting with folks on the ground like other landowners, producers, and your County Extension Agent is always a great place to get accurate information… Read More →

August 4, 2017 Weekly Round Up

Posted on by

And just like that, it’s August!  Where has the summer gone? Here are some of the ag law stories making news this week. * Water war brewing in West Texas.  A rural West Texas landowner wants to drill wells, build a pipeline, and sell water to oil and gas companies some 60 miles away in the Permian Basin.  This is the situation in Van Horn, where a large landowner has sought a permit from the Culberson County Groundwater Conservation District to drill 7 wells on his 140,000 acre… Read More →

Eminent Domain in Texas – Podcast & Program

Posted on by

Eminent domain is a topic of interest to many Texas landowners.  With projects going on across the state from oil and gas pipelines to highways to water transportation lines, to the high speed rail, many landowners are facing the potential taking of their private property.  Austin-based attorney, Luke Ellis, and I have recently been addressing this issue in a couple of different arenas. First, this week we recorded an episode of the Ag Law in the Field Podcast focused on eminent domain.  You can listen via computer or you… Read More →