Monthly Archives: March 2019

Common Agricultural Lease Payment Structures

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For agricultural lease agreements, there are normally three types of arrangements utilized: cash leases, crop share leases, and flex/hybrid leases.  There is no right or wrong option to select here so long as the parties can agree on the structure and the details that go along with that selection and understand the potential implications.  It is advisable to visit with an accountant and an attorney before making this type of decision as it can impact a landowner with regard to who will receive government program payments, what self… Read More →

March 22, 2019 Weekly Round Up

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We’ve reached the end of another week.  Happy Friday!  Welcome to those of you that are new readers and subscribers to the Texas Agriculture Law Blog. A quick reminder about our upcoming Ranchers Leasing Workshop events in Nacogdoches, Burnet, and Perryton.  These are great programs for anyone involved in an agricultural lease–grazing, haying, farming, hunting, livestock–as either a tenant or a landowner.  Registration is easy and can be done by clicking here or by calling Valerie at (979)845-2604.  For more information and to see our complete list of… Read More →

CA Animal Welfare Act Could Impact Farm Practices Nationwide

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This article was published in Progressive Cattleman’s April issue. In a difficult time for agriculture, when producers are already facing low commodity prices and trade uncertainty, many livestock producers may also have to be concerned about the potential impact of something else in the coming years: California voters. In November 2018, California voters passed Proposition 12 with 59% of the vote.  This ballot initiative prohibits California businesses from knowingly selling veal, pork, shell eggs, or liquid eggs, that were produced by animals “confined in a cruel manner.”  The… Read More →

Does the Aesthetic Impact of Wind Turbines Constitute a Nuisance?

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Wind turbines are a common sight across Texas.  In fact, Texas is the largest wind producing state in America.  In 2017, the number of megawatts produced by Texas wind farms surpassed the number of megawatts of energy produced by Texas coal plants.  However, not everyone is a fan of wind farms or the look of the wind turbines dotting the skyline across the Lone Star State.  This has led to an interesting question:  Can claimed negative aesthetic impact of a wind project by a neighboring landowner constitute a… Read More →

March 8, 2019 Weekly Round Up

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Hello and happy Friday!  We’re back with another weekly round up of the top agricultural law stories of the past two weeks. * North Carolina nuisance ruling appealed. Plaintiffs in the first North Carolina hog farm nuisance lawsuit have filed an appeal with the US Court of Appeals for the Fourth Circuit.  A number of agricultural groups, including the American and North Carolina Farm Bureau have filed an amicus brief on behalf of the plaintiffs arguing that the North Carolina Right to Farm law should have applied as… Read More →

Recent Eminent Domain Podcasts & Resources

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Eminent domain has been the hot topic in Texas recently.  With various projects from pipelines to roads to even a potential bullet train going on across the state, Texas landowners often find themselves in the crossroads of potential condemnation.  Recently, I’ve been interviewed for two podcasts and also recorded an episode for my own show with Lubbock-based attorney, Zach Brady.  I thought I would share these episodes with you all. (Just FYI–you can listen to each of these on your computer by just clicking on the links below. … Read More →