Monthly Archives: January 2020

Summary of Proposed Texas Hemp Regulations

UPDATE:  The Texas Hemp Plan was approved by the USDA today, January 27, 2020.  Note that the TDA still has to publish the final version of the regulations and announce when it will begin accepting license applications.  This article summarizes the proposed Texas Department of Agriculture (TDA) regulations titled Hemp Program as submitted to the Texas Register on January 10, 2020.  These rules are not final and have not yet been adopted by TDA.  A copy of the proposed regulations may be found here.  Public comment is open… Read More →

January 24, 2020 Weekly Round Up

It’s been a busy couple of weeks in agricultural law.  It has also been busy for my speaking schedule!  Welcome to those of you joining from my programs in Palestine, Carthage, Amarillo, Lubbock, and Floydata. Here are some of the ag law stories in the news. *TDA published proposed Texas hemp regulation.  The Texas Department of Agriculture has published its proposed Texas hemp regulation.  [View proposed regulation here.]  Importantly, this is not a final regulation as it has not yet been adopted by TDA.  On January 22, a… Read More →

Will Texas Courts Enforce Liability Waivers Signed on Behalf of Minor Children?

For landowners who allow minor children to come onto their property and partake in activities like hunting, swimming, fishing, or riding ATVs, there is an interesting question that remains unanswered by the Texas Supreme Court: Are liability waivers signed by a parent on behalf of a minor child enforceable in Texas? The Texas Supreme Court has never directly addressed this issue.  There are however, a handful of lower court cases indicating these waivers may not be enforceable. Background Landowners who allow minor children to come onto their property… Read More →

Will Dispute Arises Over Definition of “Personal Effects”

A recent case involving a will devising “personal effects” to a family member is a good reminder of the need to be detailed and complete when drafting a will, and the importance of residuary clauses. Background In 1990, Mildred Ethridge drafted a will that included the following provisions: I, MILDRED L. ETHRIDGE, (femme sole) of Midland County, Texas, for the purpose of the distribution of my entire estate, real, personal and mixed, which I wish to have take effect at my death, do make, publish and declare this… Read More →

January 10, 2020 Weekly Round Up

We’re here with our first Round Up of 2020!  We hope you all had a wonderful holiday.  Here are a few of the ag law stories in the news over the past couple of weeks. *Man arrested for hauling marijuana, turns out it was legal hemp.  The Texas Tribune recently published a story about a man who was arrested for hauling what authorities suspected as being marijuana.  After testing was completed, it turns out that the plants were, as the man claimed, legal hemp.  [Read article here.]  A… Read More →

Easements 101

This blog post is an excerpt from the Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know handbook, which is available for free download by clicking here.  If you are interested in purchasing a hard copy, please contact me at tdowell@tamu.edu. An easement is a means by which a landowner grants another person the right to use the landowner’s property for a specific purpose.  The land on which the easement is granted is referred to as the “servient estate”, and the land the easement benefits… Read More →