Author Archives: tiffany.dowelllashmet

Animal Confinement Law Update

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Farm animal confinement statutes such as California’s Proposition 12, have been popular in news stories, the legislative branch, and the judiciary around the country.  In recent months, there has been significant developments that necessitate an update on where things currently stand with farm animal confinement statutes. For some background and history on this issue and a discussion of National Pork Producers Council v. Ross, the United States Supreme Court decision involving Proposition 12, click here to read my Congressional Testimony from July 2025. Farm Bill 2.0 Language The United… Read More →

April Monthly Round Up

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We are back with a number of important agricultural law issues in the news for the month of April!   *John Deere agrees to $99 million settlement in right-to-repair class action lawsuit.  John Deere has agreed to pay $99 million to settle a class action lawsuit claiming that Deere made crucial repair tools and software updates unavailable to independent repair shops and farmers.  Those included in the class are individuals or entities who purchased repair services for John Deere large agricultural equipment from January 2018 until the settlement… Read More →

Signage Requirements Under Agritourism Liability Acts – What About Texas?

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I recently co-authored an article for Southern Ag Today with my friend and colleague, Jesse Richardson, that raised an important question about signage required under state landowner liability statutes. Agritourism Act Rulings in Virginia and Washington In the Southern Ag Today article, we focused on two court decisions applying their state’s Agritourism Act.  In Virginia, a trial court held that in order for the Virginia Agritourism Activity Act to apply, the signage should have been individually posted at each different agritourism activity.  Posting one sign at the entrance… Read More →

2025 Rural Land Value Trends Report Released

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Each year, the Texas Chapter of the American Society of Farm Managers and Rural Appraisers publishes a Rural Land Value Trends report.  This is one of the best documents available for those interested in the sales value and lease value of rural lands in Texas.  It is also the only publication of which I am aware that provides information on the value of hunting leases. The 2025 report was just released last week.  Click here to download. The report begins with an article by Dr. Lynn Krebs looking… Read More →

2026 Custom Rate Survey Published

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The Texas A&M Agricultural Economics Extension group recently published the 2026 Custom Rates Survey.  This resource offers average prices across Texas for various services such as tractor rental, planting and tillage operations, fertilizing, chemical application, harvesting, land improvement operations, fence building, livestock work and hauling, and predator management. The report is based on producer, custom service provider, and landowner survey responses that were solicited last fall.  Responses are reported both as a statewide number and broken down into four regions. To view the Custom Rates Survey, click here.

Easement Dispute Offers Important Reminders When Dividing Land

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A recent Hill Country easement dispute was considered by the San Antonio Court of Appeals in Luckenbach Ranch, LLC v. Bowling.  [Read Opinion here.] Background Wendy Williams owned 62-acres of land in Fredericksburg, TX.  Wendy offered to sell her brother, Troy, and sister-in-law, Kim, 15.5 acres of her land.  Kim, who was a realtor, prepared a purchase agreement for the 15.5 acres that Wendy signed.  The agreement was amended to account for renumbering of the address of the parcel Troy and Kim would purchase and that which Wendy would… Read More →

March 2026 Monthly Round Up

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March has been another busy month for agricultural law news around the country.  Let’s take a look at some of the biggest stories. * House Ag Committee passes Farm Bill 2.0.  Earlier this month, the United States House Committee on Agriculture passed the “Farm Bill 2.0,” formally titled the Farm, Food, and National Security Act of 2026.  The bill will now proceed to the full House. The vote was 34-17 with 7 Democrats voting with 27 Republicans on the Committee.  Key provisions of the bill relate to prohibiting… Read More →

Important Reminders on Contract Interpretation from Texas Supreme Court

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The Texas Supreme Court recently decided an interesting contract case involving an agreement to supply water for fracking in Equinor Energy v. Lindale Pipeline.  [Read Opinion here.] Background Fracking is a common method of oil and gas production in the United States.  It involves pumping water down a well into a formation under high pressure, causing the formation to crack open and the oil or gas to flow into the wellbore.  Fracking requires large amounts of water, and companies often contract with water suppliers to transport water to well… Read More →

Appellate Court Reverses Million Dollar Verdict in Dispute Over Wind Rights

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The Amarillo Court of Appeals has reversed a $1.2 million jury award in a dispute over wind rights on land in Hale County. Background This lawsuit involves a dispute over who owns wind energy development rights on a 256-acre property in Hale County, Texas. Glendale King owned the land at issue.  In 2010, he entered into a Wind and Easement Lease Agreement with Hale County Wind Farm, LLC.  In that lease agreement, the property description was as follows: Glendale King – 100% All that real property located in… Read More →

US Supreme Court to Hear Case on Pesticide Preemption

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The United States Supreme Court has agreed to hear Durnell v. Monsanto, a case raising the question of whether state law failure-to-warn claims are preempted by federal pesticide law. Background Monsanto is an agrochemical company that has manufactured and sold the herbicide marketed under the tradename Roundup since 1970s.  Note that Bayer purchased Monsanto in 2018, so there may be references to both companies as we discuss the case.  Roundup is one of the most popular and most utilized herbicides in the United States and is used in both agricultural… Read More →