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 →

Ag Law in the Field Podcast: Episodes 151-160

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Did you know we have a podcast about agricultural law called Ag Law in the Field?  It is 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 or other expert about a specific… Read More →

September 8, 2023 Weekly Round Up

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We’re back again with another rundown of some of the key ag law issues in the news this week. *There is a new I-9 form that must be used starting November 1, 2023.  The US Citizenship and Immigration Services released a new I-9 form on August 1.  For now, employers may use either the new form or the current form, but as of November 1, all employers must use the new form. You can find the new form here.  A summary of the changes may be found here…. Read More →

May 5, 2023 Weekly Round Up

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Happy Cinco de Mayo!  We’re back with another ag law round up of news and articles from around the country. We’ve also got a photo of our newest addition born just yesterday from our place here in Texas. *Texas Supreme Court sides with royalty owner in post-production cost case.  The Texas Supreme Court recently sided with royalty owners in Devon v. Sheppard, a case challenging post production costs in the Eagle Ford Shale.  [Read Opinion here and Dissenting Opinion here.]  To read a good summary of the decision, click… Read More →

Case Illustrates Importance of Farm Leases Being in Writing

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We have another reminder of the importance of putting agricultural leases in writing.  This one comes from the Texarkana Court of Appeals in Coniglio v. Woods. [Read opinion here.] Background Candido John Coniglio, Sr. (“Senior”) owned a 5,100 acre farm in Fannin County which was managed by his son, Candido John Coniglio, Jr. (“Junior”). Michael Woods owned the adjacent farm. Woods hired workers to cut hay on his property.  Senior agreed to allow Woods to cut and bale 107 acres of hay on Senior’s property in exchange for giving… Read More →

June 24, 2022 Weekly Round Up

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We’re back with another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *October will be big for ag law at the US Supreme Court.  The United States Supreme Court will have their hands full of ag law in October.  The Court will hear arguments in Sackett v. U.S., a case questioning the proper scope of “waters of the United States” as applied to wetlands under the Clean Water Act on October 3.  A week later on October… Read More →