Category Archives: Leases

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 →

USDA-NASS Releases 2022 Cash Rent Report

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Each year, the USDA National Agricultural Statistics Service conducts a nationwide survey to gather data and compile a report showing average cash rental rates across the United States.  Please note that all reported cash rent amounts are listed in a per acre/per year format. To view the database with the data for each state, click here.  To view the database with data for each county in the US, click here.  To view the report for Texas, broken down by region and county, click here. Here’s how things broke… Read More →

Rights of First Refusal and the Importance of Record Notice

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A right of first refusal can be a good way to ensure a person has an option to purchase property before it is sold to another.  However, as the Amarillo Court of Appeals recently considered in Mr. W. Fireworks, Inc. v. 731 Properties, LLC, certain steps must be taken to ensure enforceability of this right.  [Read opinion here.] Background Mr. W Fireworks, Inc. (“Mr. W”) owns fireworks stands across Texas, New Mexico, and Oklahoma.  One of its stands is on Soncy Road in Amarillo on land that it leased… Read More →

April 29, 2022 Weekly Round Up

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It is hard to believe we have reached the end of April, but here we are!  Lots of agricultural law news happening around the country. *Article highlights nuance with 10% cap on residence homestead tax.  My colleague, Dr. Blake Bennett, recently published a fact sheet looking at a nuance within the Texas Property Code related to the 10% cap on the yearly increase for residence homestead taxes in Texas.  The Texas Property Code places a 10% limitation on the amount a County Appraisal District may increase the appraised… Read More →

Questions from Tiffany’s Desk: What Statutory Protections Apply if Hunters Are Injured on My Land?

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Question:  What statutory protections are available as a defense to a landowner if hunters are injured on my land? Answer:  With opening weekend for deer season right around the corner, this is a great and timely question. There are two main statutes that could apply in this situation:  Texas Recreational Use Statute and Texas Agritourism Act.  As you will see, there are many situations, including hunting, where both statutes may be an available defense if someone is injured. Recreational Use Statute The Texas Recreational Use statute provides that a… Read More →

2021 USDA NASS Cash Rent Report Available

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Each year, the USDA National Agricultural Statistics Service conducts a nationwide survey to gather data and compile a report showing average cash rental rates across the United States. To view the database with the data for each state, click here.  To view the database with data for each county in the US, click here.  To view the report for Texas, broken down by region and county, click here.  Please note that all reported cash rent amounts are listed in a per acre/per year format. Here’s how things broke… Read More →

Hunting Lease Resources

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With this being the opening weekend of dove season and with deer season coming up soon here in Texas, I’ve gotten a lot of questions and interview requests about hunting leases.  We’ve got a variety of resources–many free–that offer great information for landowners interested in allowing others to hunt on their land.  I thought it might be useful to write a post just outlining and providing links to those various resources in one place. With regard to the two handbooks mentioned below, I’ve linked the free PDF versions,… Read More →

2020 Texas Rural Land Value Trends Report Released

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One of the most useful resources for rural Texas landowners is the annual Rural Land Value Trends Report published by the Texas Chapter of the American Society of Farm Managers and Rural Appraisers.  The 2020 Report was recently released. This report breaks Texas into seven regions and then each region is broken into smaller sub-regions.  The report then offers information regarding land prices and leasing rates for various types of property from irrigated cropland to rangeland to CRP land.  Additionally, this is the only publication I am aware… Read More →

Newly Designed Ranchers Agriculture Leasing Handbook Available

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Thanks to the hard work from our Digital Education Team at Texas A&M, we are excited to show you our newly designed Ranchers Agriculture Leasing Handbook.  While the content is almost completely the same as the prior version, this new publication is significantly improved from a design standpoint. This handbook is written for landowners or tenants interested in learning more about lease agreements, including how to set a price, what terms should be considered, and more.  The handbook focuses on grazing, hunting, and livestock leases.  There is also… Read More →

2020 USDA NASS Cash Rental Rate Survey Results Published

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The USDA National Agricultural Statistics Service recently published their 2020 Cash Rental Rate Survey results.  This report provides average cash rental rates by state and by county for irrigated cropland, non-irrigated cropland, and pastureland. Keep in mind these numbers are merely averages based on survey responses provided to USDA.  The lease rate for a particular property will depend on a number of factors such as the quality and quantity of grass, health of the soil, the existence of and quality of fences, access to water, brush situation, average… Read More →