Monthly Archives: September 2018

Texas Appellate Courts Analyze Fence Law Cases (Part I)

Fence law was the topic of two recent opinions issued by appellate level courts in Texas.  Today, we will look at Dearbonne v. Courville a case out of Jefferson County, followed next week by a case out of Wilson County.  Both cases illustrate real-life situations involving fence law and offer differing approaches to the legal analysis of whether landowners can be liable for animals hit on the roadway. Background  The Beaumont Court of Appeals recently decided Dearbonne v. Courville. [Read Opinion here.]  In this case, the plaintiffs were injured when their vehicle… Read More →

September 28, 2018 Weekly Round Up

Over the last couple of weeks, I’ve been on the speaking trail again with programs in Nacogdoches, Ft. Worth, and Quitaque.  Welcome to those of you joining from these events. Here are some of the ag law stories in the news this week. *Agricultural producers concerned about changes to Pasture, Range and Forage Insurance.  The USDA has announced it will make changes to the county base rates, which is one part of a formula used to calculate coverage that may be purchased under the PRF rainfall insurance product. … Read More →

Texas Beef Checkoff Facing Legal Challenge

In addition to an ongoing legal challenge in Montana, state beef checkoff programs in thirteen more states are now facing legal challenge.  Ranchers-Cattleman Action Legal Fund (“R-CALF”) seeks to expand the injunction it obtained in Montana to also include checkoff programs in Hawaii, Indiana, Kansas, Nebraska, Nevada, New York, North Carolina, Pennsylvania, South Carolina, South Dakota, Texas, Vermont, and Wisconsin. The current beef checkoff litigation began in Montana where R-Calf filed suit against the United States Department of Agriculture in 2016.  In summary, the plaintiffs argued that because… Read More →

Texas Removal Fence Statute

Suppose I purchased land in Texas and there was a barbed wire fence on the property line dividing my neighbor’s land and my own.  Could I remove or replace that boundary fence?  If I had fences on my property that attached to that boundary fence, would I be allowed to remove those adjoining fences? There is actually a Texas statute that provides requirements for a landowner seeking to remove certain fences on his or her own property.  The “Removal of Adjoining Fences” statute, Texas Agric. Code Sections 143.121-.123,… Read More →

September 14, 2018 Weekly Round Up

As usual, things around here have been crazy.  I apologize for the lack of a Round Up post last Friday, but I spend most of my week on the road.  Last Tuesday, I was in Childless for an Extension wildlife meeting talking about hunting leases.  Then, on Friday I spoke at our Ranchers Leasing Workshop event in Bryan.  Saturday, I was able to speak at the Agricultural Economics Department Tailgate before the Texas A&M University football game.  Then, this Tuesday I made my way to Lubbock to speak… Read More →

Ag Law in the Field Podcast – Episodes 31-40

The Ag Law in the Field Podcast continues to grow in popularity, so I wanted to share some info about the podcast and recap our most recent guests for those of you who have yet to join in the fun.  The Ag Law in the Field Podcast is basically me interviewing an ag lawyer each episode on a various ag law topic.  A person can listen on their smart phone’s podcast app, on iTunes, or on the computer at our website.  Listening is free and on-demand, so you… Read More →

USDA – 2018 Land Values Summary

The USDA recently released their 2018 Land Values Summary, which reports average agricultural land values across the United States.  To view the report, click here. The report looks at the value of agricultural land across the country.  The broadest measure is the “farm real estate value,” which measures the value of all land and buildings on farms.  For 2018, the average farm real estate value of the United States was $3,140/acre, up $60/acre from last year.  For Texas, the average was $2,280/acre, a 9.1% increase from last year. … Read More →