Every year, it is fun to look back and see which blog posts and podcast episodes were the most popular.

Top 5 Texas Agriculture Law Posts

This blog turned 10 years old in June of 2023, and it remains one of my favorite projects.  I love the chance to write about legal issues, cases, and news that impact rural landowners and agricultural producers.  Thank you all for reading!

Here are the most read blog posts of 2023:

1. Neighbor-to-Neighbor Farm Sale Leads to Lawsuits.  This blog post from June 2023 focused on an Amarillo Court of Appeals’ decision in Barkley v. Connelly, a case involving a dispute between two neighbors following the sale of farmland.  It offers a critical reminder that parties to a real estate transaction should never rely on only oral promises or statements not included in the written sales contract.  The sellers did not appeal to the Texas Supreme Court, so this decision stands.
2. Court Sides with Landowner in Fence Law Case Following Collision on Highway.  This blog post was originally published on December 4, meaning it was extremely popular to make the top blogs of the year list.  The lawsuit arose after a cow was hit on a state highway, resulting in long-term injuries to the driver.  He filed suit against the cow’s elderly owners and the family LLC that owned the land where the cow was kept.  The trial court sided with the landowners and dismissed the case, but it was the dissenting opinion where a judge essentially stated that the only way a cow could get out of a fence was if it was poorly constructed that really got the comments going from readers on my social media pages.  This case remains pending as a motion for rehearing en banc was filed and has not yet been ruled upon.
3. Significant Changes Coming to Texas Right to Farm Law.  The Texas Right to Farm law was a huge issue this year, both in the legislative session and the November election.  This blog post focused on the statutory changes to the Texas Right to Farm statute.  These changes strengthened protection for agricultural operations against civil lawsuits and also limited the situations in which a city can impose requirements on agricultural operations within its bounds.   I also did a blog post providing an overview of the amended statute here.  Then, in November, Texas voters overwhelmingly passed Proposition 1, making the Right to Farm a part of the Texas Constitution.
4. Transferring Property Prior to Death: Pros, Cons, and Alternatives.  For the third year, this blog post from 2020 has made our top posts list.  And with good reason.  Deciding when and how to transfer property is a question that all landowners should carefully consider.  This post walks readers through various considerations, and hopefully helps prepare readers to know what questions to ask an attorney when working on an estate plan.
5. Who Owns Produced Water from Oil and Gas Operations in Texas?  In my mind, this is the most important pending legal question in Texas from an agricultural law (and water law and oil and gas law…) perspective. When a mineral lessee produces oil and gas, produced water is also extracted from the ground.  Who owns that produced water?   That’s the question Cactus Water Services, LLC v. COG Operating LLC poses.  Both the trial court and the El Paso Court of Appeals sided with the mineral owner, finding it was the operator, not the surface landowner, who owned the produced water as it was oil and gas “waste” versus groundwater.  The surface owner has appealed to the Texas Supreme Court. The oil and gas operator waived its right to respond, but just before Christmas, the Supreme Court requested a response to the Petition for Review.  Once briefing is complete, the Court will decide whether to hear the case.

Top 5 Ag Law in the Field Podcast Episodes

If you follow me on social media (Facebook, X, LinkedIn), you know we did a countdown of our top podcast episodes of the year.  It was a great season on the Ag Law in the Field Podcast, and we are extremely grateful to our guests and sponsors for their support!

Here were our most downloaded episodes:

1. How Hill Country Landowners Can Prepare for the Eclipse.  The solar eclipse is coming to the Texas Hill Country in April, and landowners need to be prepared.  Texas anticipates hundreds of thousands of visitors to view the eclipse.  Whether you are opening up your land to these visitors or locking the gate and hiding out, there are important steps you should take to protect yourself and your land.  Even if you do not live in the Hill Country, this podcast offers great tips for any landowner to consider!
2. Access to Property/Landlocked Property Myth-Busting. One of my most frequently asked questions is the law regarding landlocked property in Texas.  There are numerous myths out there around this topic, and on this episode, Cassie Gresham from Braun & Gresham set us all straight.  I think this is a must-listen for any rural landowner in Texas.
3. Ag Law Lessons from Yellowstone.  In one of the most fun episodes we’ve done, I was joined by my friends Jim Bradbury and Jesse Richardson to talk about the ag law lessons from the hit tv show, Yellowstone.  Whether you like ag law, Yellowstone, or both, this episode is a great listen!
4. 2023 Texas Legislative Session Recap.  I’m grateful that my friend, J Pete Laney, joins us after every Texas legislative session to give us the rundown on the biggest bills related to agriculture.  We discuss everything from Right to Farm to property taxes, fake meat labeling to landowner liability.  If you want to know about new laws that could impact your operation, this is the episode for you.
5. Water Law FAQs Part 2.  Texas surface water law can be complex and confusing. Luckily, we’ve got Jason Hill to help walk us through how things work.  This is his second episode answering frequently asked questions related to surface water law.