Monthly Archives: April 2023

Case Addresses Requirements to Exercise Right of First Refusal

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An El Paso Court of Appeals case, Mr. W Fireworks, Inc. v. NRZ Investment Group, LLC, offers important information for anyone seeking to exercise a right of first refusal. [Read opinion here.] (If you’ve been here for a while, you may remember this is not Mr. W’s first case this year involving problems with a right of first refusal.  Click here to read about a case in the Panhandle from last year.) Background  This case involves a lease between landowner, Nathan Lee, and Mr. W Fireworks, Inc. (“Mr…. Read More →

April 21, 2023 Weekly Round Up

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Here are a few of the ag law stories in the news the past couple of weeks. *North Dakota court issues injunction against Biden WOTUS rule in 24 states.  The judge hearing a WOTUS lawsuit filed by 24 states in North Dakota issued an injunction against the rule in each of those states.  [Read article here.]  In addition to the 24 states impacted by this injunction, remember that a Texas judge previously issued an injunction prohibiting the rule from going into effect in Texas and Idaho.  [Read article… Read More →

Transferring the Over-65 or Disabled Property Tax Exemption

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Dr. Blake Bennett and I co-authored a fact sheet on an important, but not widely known, concept related to property taxes. Most people are familiar with the over-65 exemption and the disabled exemption for property taxes, which allows for an additional $10,000 homestead exemption for school district taxes.  Additionally, the over-65 exemption and the disabled exemption freeze the value of the homestead for school tax purposes a the dollar value when the person initially claimed this additional exemption on their homestead.   The market value can continue to increase… Read More →

Case Explains Why Livestock Sales Contracts Should Be in Writing

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The Texarkana Court of Appeals recently issued an opinion in Lee v. Jorgenson, which offers a critical reminder about the need to have all livestock sales contracts in writing. [Read opinion here.] Background Ralph Lee sold Waygu cattle to TJ’s Land and Cattle Company, LLC, (“the LLC”) of which Tom Jorgenson was a member.  Lee alleges this was a “handshake deal” that was memorialized in a Cattle Purchase Agreement (“CPA”).  The CPA was not signed by Jorgenson or anyone representing the LLC, but did include price terms for Waygu… Read More →

April 7, 2023 Weekly Round Up

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It’s been another busy couple of weeks in the world of agricultural law. *State of Texas files suit challenging lesser prairie chicken listing.  The State of Texas has filed suit challenging the listing of the lesser prairie chicken as threatened and endangered pursuant to the Endangered Species Act.  The lawsuit claims the listing violates the Administrative Procedure Act, the Endangered Species and the National Environmental Policy Act.  In addition to these claims, the lawsuit alleges that this action “threats to derail” the efforts undertaken by the State and… Read More →

Question from Tiffany’s Desk: Can I Sell State Inspected Meat Across State Lines?

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Question:  When can I sell meat to customers across state lines?  Are there different rules if the sales take place on the internet?   Answer:  For Texas producers (and those in most other states as well), only meat processed at a federally inspected facility may be sold to customers in another state. This is true for both in person and internet sales. Analysis:  Let’s look at the applicable rules.  (Do note that here, we are focusing on “amenable animals,” which include cattle, sheep, goats, and swine.  For “non-amenable animals,”… Read More →