Search Results for: solar

Case Addresses Solar Lease, Mineral Owner, and the Accommodation Doctrine

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The El Paso Court of Appeals addressed an interesting and important issue recently in Lyle v. Midway Solar.  How does Texas law apply when there is a potential conflict between the operation of a large scale solar facility and the ability of the mineral owner to extract oil or gas? Background This dispute involves a 315-acre tract of land in Pecos County. The Lyles own 27.5% of the mineral rights to this land by virtue of a 1948 deed.  There is no current mineral lease on the property, and the… Read More →

Ferrell Publishes “Understanding Solar Energy Agreements”

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Many landowners in Texas and around the country are being approached by solar energy developers seeking to lease land to build solar projects. Recently, my friend and counterpart at Oklahoma State University, Shannon Ferrell, published a great guide looking at the law related to solar lease agreements through the National Agricultural Law Center.  Shannon is without question the national expert on renewable energy leases, so anyone considering a solar lease agreement should review Shannon’s guide. To download a copy, click here. Additionally,  if you want to listen to… Read More →

Extension Fact Sheet: Solar Lease Considerations

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Many Texas landowners have recently been contacted by solar companies about potentially leasing their farm or ranchland for a solar energy project. I recently published a Fact Sheet outlining just a few considerations that landowners need to be aware of when approached by a solar company.  As always, I highly recommend consulting with an attorney who has experience negotiating solar lease agreements to protect your rights and your land before signing any lease agreement.  To download the fact sheet, click here. Additionally, if you missed the solar leasing… Read More →

Solar Leasing Webinar

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Recently, Texas A&M Agrilife Extension helped co-sponsor a webinar hosted by my friend Paul Goeringer at the University of Maryland.  The topic was solar lease agreements and the speaker was the famous Dr. Shannon Ferrell of Oklahoma State University.  I still get phone calls about once a week from folks who have been contacted by a solar company about potentially leasing their land.  This webinar offers invaluable information about the solar energy process, key questions and considerations for landowners, and other important topics. To view the webinar, click… Read More →

Key Solar Lease Considerations for Landowners

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In the last few months, I have heard from several Texas landowners who have been contacted by solar companies seeking to lease agricultural land for solar projects.  There is surprisingly little information available for landowners considering the pros and cons of entering into a solar lease agreement.  This article outlines some of the key considerations for landowners considering and/or negotiating a solar lease. As always, I highly recommend that landowners consult an experienced attorney to review any lease agreement before it is signed.  As Stamford, Texas attorney James… Read More →

January 24, 2025 Weekly Round Up

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It has been quite the week with much of the country facing cold temperatures and snow!  Beyond the weather-related news, there were a number of important ag law stories as well. * SCOTUS weighs in on Corporate Transparency Act reporting; a nationwide injunction remains in place.  The litigation surrounding the constitutionality of the Corporate Transparency Act continued this week.  On Thursday, the United States Supreme Court lifted the nationwide injunction in Texas Top Cop Shop v. Garland.  [Read article here.]  Although that stay is no longer in place, there was… Read More →

Top Blogs and Podcast Episodes of 2024

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Each year, we take a look back at our most popular content of 2024 across our various platforms. Texas Agriculture Law Blog Drumroll please…our top 5 most popular blog posts for 2024 are: Renew Your Ag Timber Number Now!  Our most popular post for 2024 involved a January 1, 2024, deadline for Texas producers to renew their ag timber numbers.  Having an ag timber number allows producers and landowners to be exempt from paying sales taxes on the purchase of certain products used in the course of their… Read More →

Ag Law in the Field Podcast: Episodes 171-180

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Did you know that I host a podcast about agricultural law called Ag Law in the Field?  It’s a really fun project that allows me to introduce listeners to some of the best ag lawyers in the country. If you aren’t familiar with Ag Law in the Field or with podcasts in general, don’t panic.  This is simply another resource that I have available for you to learn more about agricultural law.  Each episode is audio-only, and I interview an ag lawyer about a specific topic.  The best… Read More →

August 2, 2024 Weekly Round Up

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It has been a fast and furious summer here, and we have fallen behind on our bi-weekly round ups.  We are here today to help get you caught up on the biggest ag law news around the country! *Court rules Massachusetts’ Question 3 is not preempted by Federal Meat Inspection Act.  A Massachusetts federal court recently ruled that Massachusetts’ Question 3, a ballot initiative banning the sale of pork that is not raised in accordance with certain practices, is not preempted by the Federal Meat Inspection Act as… Read More →

Attorney General Opines TREC License Required to Negotiate Wind Leases

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The Attorney General recently opined on whether a person helping to secure or negotiate a wind lease in Texas is required to be licensed by the Texas Real Estate Commission. Background The Chair of the Texas Real Estate Commission (TREC) contacted the Texas Attorney General (AG) to ask “whether a person who negotiates a lease for property for the development of a wind power project on behalf of another, for compensation, must have a license from the Texas Real Estate Commission.”  Historically, TREC has taken the position that… Read More →